Author Archives: Joseph Finneran

What’s Good About Positive Law?

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Positive law is a term used to describe statutory man-made laws that oblige or specify an action for an individual or a group. Roe v. Wade, for instance, is based on positive law.

Natural law, on the other hand, is based on inherent rights conferred not by an act of legislation but by God, nature, or reason. When we do the right thing, we obey natural law.

Now that we’ve described these two types of law, we’ll get to the meat of our discussion—why a case coming before the Supreme Court in 2016 in Texas, Whole Women Health v. Cole, matters. Put aside certain requirements that must be met as to cleanliness of the facility and competency of the abortion doctors to consider this side of the argument: the defendants claim that if the abortion center is shut down, women seeking an abortion will have to travel over 235 miles to get one! Not a particularly long drive for a Texan, but will the courts rule it as an “undue burden” and thus rule against the pro-life plaintiffs?

Socrates put the question: What if a friend, whom you knew to be deranged, asked you the whereabouts of a weapon? Would a lie, in this case, be wrong? Socrates alerts us that in natural law, we don’t always have a hand on real moral principle. Natural law must be discovered by humans through the use of reason and choosing good over evil.

The Supreme Court judges, practicing positive law, can do what the lower courts did—argue whether 150 miles is a more relevant travel distance. Can any distance in miles be “more relevant” in order to destroy a life? Our courts rule on man-made laws that speak to actions and groups, and completely ignore the ethical considerations of natural law: the victims—this baby, it’s mother and father, the family who will never share this child’s love and joy, the world who will never benefit from a life who could well grow up to be another Socrates, Plato, or Aristotle. There seems to be nothing positive about the term “positive law” in this case.

Annual Report on Faith-Friendly Companies

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In front of the big Christmas buying season come the reports on the nation’s most Christian-friendly businesses. So we set out to find out exactly what makes these companies faith-friendly.

It’s no surprise that Chick-fil-A (#1) tops the faith-friendly list, closely followed by Hobby Lobby (#2). This faithful duo consistently make news. When an Austin, Texas, Chick-fil-A store recently closed for renovations, the store owner continued to pay staff for the entire 5-month closure and also gave them each a $1 per hour raise. Hobby Lobby had the courage to invest in a lawsuit against having to pay for their employees’ birth control under the Religious Freedom Restoration Act of 1993. Last June, they won in a 5–4 decision.

Interstate Batteries (#3) is transparent about their faithfulness. Their chairman Norm Miller, a former alcoholic who by a single prayer in a time of agony overcame his addiction, writes about it on their website. They are a privately-held company.

Tyson Foods comes in #4 for their faith-friendly culture where “faith and spiritual commitments (in the workforce) are valued and respected”. They have over 115 chaplains to care for their team members and their families, no matter what their religious belief. Tyson Foods is a publicly traded company.

Cracker Barrel (#5) was widely crushed in the press and the courts for their stance against gay and lesbian employees for discriminatory practices against African American employees in the 90s. The company changed their policies and got involved in civic and minority communities. Today they support a range of charities and are outspoken about their commitments to faith-driven consumers. And if you’ve been living under a rock, they do sell Duck Dynasty paraphernalia.

Walmart (#6) was chosen for their respect for pro-life, pro-marriage views, but more so lately because of their refusal to publicly display sexually explicit or inappropriate magazine covers in their stores, an action that demonstrates a commitment to the faith community. However, Walmart’s online shopping experience is an open book for quite the opposite.

As always, if we can help you or a friend or colleague with your morally responsible investments, or if you have any questions about end of the year charitable giving, please give us a call.

Wreckage of Marriage and Religious Freedom

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We came across a book by Ryan Anderson, Truth Overuled: The Future of Marriage and Religious Freedom, in which the author explores the “wreckage” that comes from the eroding respect for traditional marriage between one man and one woman. Even though our liberal-majority Supreme Court has installed same-sex marriage as law in America, his book gives both fear and hope. Fear from the the activists for same-sex marriage who, the author reveals, want not to bring the blessings of marriage to more people, but to wean people away from their moral misgivings about the homosexual lifestyle.

Hope, he argues, comes the testimonials of those who were raised by gay or lesbian parents who mourn for the fathers and mothers who gave them life, absences not caused by death, but by the absence of that parent of the other sex. Men raised by men missing the “distinctly feminine” expression of a mother’s love. Or if raised by only women, what is “distinctly wholesome of a man tussling with his son on the floor, but teaching him self control, not to play rough.”

He takes up the argument “what is marriage?” and points out that there is no mention of marriage in the U.S. Constitution, and therefore no grounds on which to declare the “constitutional” right of same-sex marriage. Then he notes that there was no mention of marriage in the U.S. Constitution when the Court struck down the laws barring interracial marriage. He argues that if conservative judges can be “jolted” out of their doctrinal slumber, they will have to ask the “substantive question” of what marriage is.

The book provides the text to build that argument if public opinion and outrage against the recent decision forces it back into the Court.

“We live at a privileged moment: a time for what Bonhoeffer called costly grace; a time for Christians to bear witness to the truth in the public square. Ryan Anderson has been doing this courageously for several years now. His new book, Truth Overruled: The Future of Marriage and Religious Freedom, is vital reading for anyone seeking to defend the goodness that remains in our nation, and our rights to live in accord with the truth.” —Charles J. Chaput, O.F.M. Cap., Archbishop of Philadelphia

In defense of marriage, we invite our readers to explore more reviews of this book on Amazon.