That's what I've been saying

One of the things that drives me crazy is when people say, "You can't legislate morality." Not because I necessarily disagree with their position on the issue at hand, but because that statement is on it's face wrong. You can't not legislate morality. Or as William Vallicella notes, "All legislation is the legislation of morality; therefore, if you oppose the legislation of morality, then you oppose all legislation. All legislation is the translation into positive law of certain moral judgments we make."

Well, duh. People who toss this phrase around don't really believe it, it's really just shorthand for, "I oppose your attempts to legislate this particular moral issue." Which is more accurate and not much longer than the "you can't legislate morality" nonsense and a completely valid place to start a discussion.

As Valleicella explains:

Of course, from the fact that all legislation is the legislation of morality, it does not follow, nor is it true, that all morality ought to be legislated. In other words, it doesn't follow, nor is it true, that everything morally impermissible should be illegal. (It is also not the case that everything morally obligatory should be legally required.)

Of course, then you do have to have those discussions. You have to know your facts, your have to challenge and be challenged. You have to think about things like your philosophy of government, the duties and the limits of law. I mean, that's a whole lot more work than just throwing out, "You can't legislate morality." Which is why we'll probably always hear that stupid phrase, and it will always drive me crazy.

ht: Joe Carter, yes, the 33 things.