Legalizing Morality
John Birster
Axia College

ADJ235
Jana Lynch
November 10, 2013

Legalizing Morality
The purpose of this paper is to provide an opinion regarding “acts that may be considered immoral … should also be illegal” The opinion should articulate “pros and cons” of the student’s opinion as a justification for law (Phoenix, 2012).
In order to offer an opinion, certain assumptions need to be identified so that opinion and justifications are clear. Assumptions: the consideration of laws is confined to the United States of America. Morality is determined by religion. In this student’s opinion, acts that may be considered immoral should not be illegal.
According to Madison, 1791: Amendment I of the Bill of Rights: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”. Joseph Story provides commentary on this amendment by stating: “the right of a society or government to interfere in matters of religion will hardly be contested by any persons, who believe that piety, religion and morality are intimately connected with the well-being of the state.”
What of the person who does not believe in religion? If a person does not have the same faith or beliefs as the society, the person is more likely to commit a crime in a society of moral laws. Example: a person who chooses to have sex with another person of the same sex in the privacy of their own home does not impose on any other person’s right of freedom. It is this student’s opinion that laws based on morality violate the Bill of Rights, Amendment I regarding the freedom of religion and, in turn, becomes unconstitutional.
In closing, this paper provided an opinion that “acts considered to be immoral” should not be legal based on the United States Bill of Rights (Phoenix, 2012).

References
Madison, J. (1791). Bill of Rights of the United States