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Kyle Lindsay
Mandy Taylor
November, 4, 2014
Project #2
Fairness
Civil Rights Leader Martin Luther King, in his Letter from Birmingham Jail, identifies
two types of laws that are created, and says that not all laws should be followed under certain
circumstances, and even so far to say it is the duty of the citizen to not follow these laws. King
was more than prepared to break the laws and encouraged his followers to do the same, all in
support of what he and the rest of the black community believed in. Although King lived almost
60 years ago, his philosophy about two kinds of laws, ones that are morally right, and ones that
are morally wrong, still apply in today’s society with current laws, as well as the willingness to
fulfill the duties of the citizen and follow moral laws and break and face the consequences of,
immoral laws.
The difference between moral and immoral laws is described in the Letter from
Birmingham Jail by King and also goes to explain the concept of breaking morally wrong. King
says, “the fact that there are two types of laws: just and unjust”(p.15) and the difference between
the two is the morality of the law. A definition by King states, “A just law is a man-made code
that squares with the moral law or the law of God. An unjust law is a code that is out of harmony
with the moral law” (p.16), what this means is that God created every being equally and laws
created by man should reflect that, not “Any law that degrades a human [because it] is unjust”.
King believes laws such as segregation is indeed unjust and immoral by standards of God and
because “All segregation statutes are unjust because segregation distorts the soul and damages
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the personality. It gives the segregator a false sense of superiority and the segregated a false
sense of inferiority”. This is why King is willing to break laws and take the consequences.
However, King also encourages following moral laws, laws that, “uplifts human personality”.
The ideology of a good citizen is following its duties to his country and society, but the
controversy is what are his duties? In the eyes of Martin Luther King, “One has not only a legal
but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to
disobey unjust laws” (p. 15) as part of the duties of a good citizen. It is important to follow the
laws in order to have a structured and safe society, but if laws that are unjust need to be broken
one must be prepared to endure the consequences. In today’s society many laws could arguably
be unjust according to different perspectives, at the local, state, and national levels, but also laws
that can be agreed as just and moral.
Of the many laws that could be deemed morally wrong or unjust, the most contraversy
would be laws regarding gay marriage and rights. Very similarly to the Civil Rights Movements
the Gay communities have been longing for the right to be married and have been prosecuted just
as long as the Black community was before the movement. Although Gay marriage is allowed by
law in 36 states it is still not in all 50 states as it should arguably be. The DOMA (Defense of
marriage acts) laws in states that prevent Gay or same sex marriage are considered by the Gay
community and many others to be unlawful and morally wrong because it takes away god given
rights and as Kings stated about segregation laws, banning same sex marriage is discriminatory
and “distorts the soul and damages the personality… and suggests a false sense of inferiority”
and therefore is indeed a unjust law. Although this law cannot be broken directly simply because
marriage is either legal or it doesn’t happen, but many push and protest and would risk
everything to make their stand. I feel as though marriage should be allowed by law because
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marriage is about love, not the gender and it is not fair to tell people who and who not can marry
in the country that all are supposed to have equal rights, practice any rituals and lifestyles
without be discriminated against.
Along with morally wrong laws, there are good hearted laws that truly do benefit society
without question. King believed laws that “uplifts human personality [are] just” such as “the
1954 decision of the Supreme Court” which desegregated schools, are laws that should be upheld
without question. Laws of today’s society such as, equal opportunity laws, speed limits and
drunk driving laws are all morally just laws that benefit the wellbeing, health and safety of
society and should be followed and obeyed as a civil duty. These laws are clear cut good, other
morally correct laws may not be as obvious, or could be too questionable to call good or bad.
Laws that are not clearly good or bad are the “Death with Dignity laws” (citation 1).
These laws only exist in, Oregon, Washington, and Vermont. However, laws in other states such
as: Arizona § 13-1103 (A) (3), and California Pen. Code § 401 state “Every person who
deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony” do
not accept the Death with Dignity laws. The States that allow Death with Dignity provide an
exception to laws existing in all other States, which in comparison to the Death with Dignity
laws, are highly immoral. To access the Death with dignity laws it requires an application and
residency of the state, must be of 18 years of age or older as well as an official doctor’s diagnosis
by two doctors within 15 days of each other. This law allows, “ Mentally competent, terminallyill adult state residents to voluntarily request and receive a prescription medication to hasten their
death”. This law was designed and passed in response to terminally ill patients that are in
absolute pain and can no longer live happily, and patients that desire to live until they no longer
can live and take care of themselves or have control of their own bodies. This law is good
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because it allows people to choose the life they want to the fullest and more importantly make
the decision end their life. The states that have passed these laws took in many precautions and
safeguards to ensure nobody that utilizes these laws have been coerced or next of kin receive and
insurance that may be motive for ill actions as part of the application process. The laws that
prevent Death with Dignity are highly immoral and should be abolished because they go against
a requirement of a good law, “uplift human personality” (King P.15) and allow the prosperity of
life.
The quality of life in the United States is influenced by the laws made and enforced
which is why it is important as discussed by Martin Luther Kings to obey morally and just laws
and speak against and disobey the laws that are morally wrong and unjust. It is the civic duty of
the people to monitor our government and the laws it makes. That includes fighting and risking
everything for what is right.
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"Death with Dignity: The Laws & How to Access Them." Death with Dignity National Center.
Web. 1 Nov. 2014.