The issues surrounding Kim Davis’s refusal to comply with the order from the US Supreme Court that she facilitate the preparation of marriage certificates for same-sex couples bring into stark perspective the importance of world views in the formation of law.
The United States has made a major shift in the philosophical basis for its laws; the country is now secular in its legal philosophy. This position allows no reference to transcendent principle in the formation of law and public policy. In secularism/atheism, “man is the measure of all things”. But, which man? Clearly the views of all men cannot have the same influence on law. Davis’s views had no effect on the law.
The man who is the measure of things in the US seems to be atheist Friedrich Nietzche’s and his philosophy of Übermensch, the overlord. In the USA today, the Übermensch is the elite of the academy (universities and colleges), industry and politics. American law now reflects, as primary considerations, the desires of these individuals. Their desires are the highest “principles” for social organisation. This is to be so even when the laws derived from these desires are illogical and inconsistent with design in the universe.
Secularism/atheism is not neutral in its moral perspective; it has a moral perspective –one which is nihilistic (all relationships are equally valid) and anarchistic (there is no abnormal behaviour) in matters of human intimacy. This ‘moral value system’ clashed with the Judaeo-Christian values which Davis holds and, as a consequence, she found herself imprisoned. Others like her will follow.
Secularism/atheism is a most potent threat to human flourishing; it serves only the desires of the elite. The law is not good because it is the law, but rather because it serves the common good.
When, at the end of World War II, German leaders sought to defend themselves by claiming that their actions were justified by German law. The Allied Forces denied their appeal, not on the basis of their and their allies’ superior military might, but by appealing to a higher law: natural law, God’s law.
Secularism/atheism, with its rejection of God and transcendent principles, will allow no such appeal. It is, in essence, domination by an elite — a type of fascism — and if unchallenged will lead to totalitarianism and “law informed by desire, free of reason” as is unfolding in the USA today.
Dr W West
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