Legislating Morality
Reflections from the State Capitol
Last week, I had the privilege to attend an insider’s tour of Tennessee’s Supreme Court and State Capitol buildings, complete with presentations by various representatives and public servants. I was overwhelmed sitting in the State Supreme Court in the original chairs in the building, hearing the room’s history and explanations of the portraits on the walls. History and profound importance seep from every corner and settle into your very core. Its essence inspires action.
That evening, our representatives joined us for dinner. My friends and I sat at the table with a representative and were able to learn more about what it was like to represent our area, and reflected on what happened in the legislative session earlier that day. It was a pleasant conversation, and everyone was engaged. The representative was explaining to us his perspective on his job when he said, “Our job is to legislate morality.”
Martin Luther King, Jr. stated at Newcastle University in 1967, “It may be true that morality cannot be legislated, but behavior can be regulated. It may be true that the law cannot change the heart, but it can restrain the heartless. It may be true that the law cannot make a man love me, but it can restrain him from lynching me; and I think that is pretty important also.” In this speech, Dr. King accepts that law has a moral dimension; however, this is only applicable when another’s liberty is at stake. The law should protect people from harm, not enforce particular moral codes.
To say that our leaders legislate morality sets a dangerous precedent. Whose code of morality do you use? If government is to remain neutral regarding religion and worldview, it should focus on preventing harm and protecting rights, not legislating moral rights and wrongs.
If legislators’ purpose is to legislate morality, how do bills like House Bill 1662 and Senate Bill 2157, which both target our unhoused neighbors, reconcile with moral principles most Tennesseans claim to hold?
House Bill 1662 would escalate aggravated trespassing to a felony when the property owner presents a gun. The property owner’s action—presenting a weapon—is entirely outside the trespasser’s control.
Senate Bill 2157 targets tourism development zones—specific locations in Tennessee. This bill makes it easier for officers to arrest people and further regulates “unlawful loitering, sitting, camping, or sleeping on public property.”
The Equal Access to Public Property Act of 2012 declared it illegal to “engage in the activity of camping on property owned by the state,” where camping is further defined as sleeping. This Act was amended in 2022 to apply to any public area.
When I consider these bills and laws, I can’t help but think of a sweet family of Mom and Dad and two young children that we worked with. The mom used to bake us cookies. Dad was employed and worked hard to provide for the family. Before staying with us, the family was living in their car. Dad would drive the family to his work, and the family would remain in the car during his shift. They slept in parking lots, terrified that they would be discovered and face devastating consequences. All because they didn’t have a home.
So, again, if we are legislating morality, what is moral about punishing someone who is struggling with housing insecurity? Where is the moral wrong in not having a home?
Consider when Housing 4 All Tennessee advocates met with legislators to add air conditioning to Tennessee’s housing habitability standards. We have citizens, neighbors, who are struggling through our southern summers of 100-plus degrees and humid conditions. People are suffering from health issues exacerbated by or caused by the heat they are forced to endure.
When I met with a representative to advocate for air conditioning, she remarked, “That happened to me last summer!” She told us her story of how she and her family suffered for two weeks while their unit was being replaced. She remarked how difficult it was to endure. Yet when we pointed out that many Tennesseans endure these conditions indefinitely—not for two weeks but month after month—she said she needed to do her research.
I don’t understand claiming to legislate morality while picking and choosing which morals matter.
I sincerely invite a response. I would like to hear your thoughts on the duties of our representatives in Nashville.