Law Of The Land

In a misguided attempt to "assure religious freedom" states like Indiana and Arkansas are proposing and approving laws that allow businesses and other entities to abstain from offering services and/or benefits if such actions conflict with their "religious principles". The corollary is that otherwise illegal activities can get a free pass if they are part of long standing religious practices and beliefs.

It doesn't take a genius (Gee I figured it out myself) to conclude that this idea will soon devolve into a quagmire of chaos. What about bigamy (OK according to some Mormon sects)? How about child marriage, wife beating, "honor" killings, rape and deception (just peachy in radical Islamic sects)? If the Amish can forgo street lights on their carriages why can't I skip them on my golf cart? If Native Americans can smoke peyote can I get some cannabis?

Of course, the Jews have an answer for this dilemma: the Jewish law concept called “dina d’malchuta dina” – obeying the law of the land. Dina d’malchuta dina allowed Jews to adapt in the Diaspora to both preserve their legal tradition (and avoid lengthy jail time or capital punishment). Jewish courts narrowed their jurisdiction to only those areas of Jewish law that their host nations would tolerate*.

If you need a quickie explanation, the old adage "when in Rome do as the Romans do" will probably suffice. My view is that if your religious practice conflicts with the law of the land put your practice on hold while you work to change that law. 



*http://www.emorylawandreligion.com/2012/01/jewish-legal-development-in-diaspora.html