Should theology shape laws? In Alabama, a court cited mediaeval religious thinkers to impose curbs on a modern medical practice. Some say this is not as strange as it might seem.
US court rules frozen embryos are 'children'
Should theology shape laws? In Alabama, a court cited mediaeval religious thinkers to impose curbs on a modern medical practice. Some say this is not as strange as it might seem.
Law is an odd thing. On 15 February, thousands of frozen embryos kept by fertility clinics in AlabamaA state in the southern USA. It had one of the largest slave populations before the Civil War, and afterwards, it imposed harsh Jim Crow laws to disenfranchise Black Americans. were seen as no more than little clusters of cells. On 16 February, with a stroke of a pen, they became children in the eyes of the law, with all the protections of a child.
This decision by the Supreme Court of Alabama might make IVFIn vitro fertilisation is a technique used to help people with fertility issues have a baby., a second chance for couples that cannot have children, impossible in the state.
Generally, for IVF treatment, doctors extract and fertiliseJoin an egg with male reproductive material to cause new life to grow. as many eggs as they can from the mother, but they only implant one. The rest are destroyed. But under this new ruling, that could be considered murder.
The Chief Justice of the court justified the decision by arguing Alabama has a "theologically-based view of the sanctity of life". He drew on religious sources, including mediaeval theologian Thomas AquinasOne of the most important medieval thinkers. The Italian priest called Aristotle "the Philosopher" and worked to unite pagan Greek philosophy with Christian principles..1
That has drawn condemnation from critics who believe laws in modern states should be strictly secularA word used to describe something that is not connected with the religious or spiritual sphere.. But others say theology has always had an important role in law.
Only a few countries around the world today are true theocraciesCountries that are ruled by religious leaders. , where religious leaders make laws based on theological precepts.
One is the VaticanWhere the Pope lives in Italy., where the popeThe bishop of Rome and the head of the worldwide Catholic Church. is head of state and the legal system derives from canon lawLaws made within Christian churches to govern how the Church is run. .2 Another is AfghanistanA mountainous Asian country, slightly larger than France, whose neighbours include Pakistan, Iran and China. under the TalibanA violent fundamentalist Islamic movement that enforces sharia law and denies education to women., which imposes its own strict interpretation of Sharia lawA legal system based on Islamic teaching. Gay Afghans and Afghan women say the Taliban's strict reading of Sharia is not compatible with their human rights.. The last time it was in power it went as far as to ban music, football, and even the keeping of pigeons.3
But some argue that many other more secular countries also have laws which have roots in theology.
Some scholars believe that the idea that all human beings are made in God's image has been an important influence on our legal systems, especially the principle of equality before the lawThe idea that all people must be equally protected by the law. .
And, they argue, the idea that we all have a fundamental human dignity that protects us from torture and other mistreatment ultimately comes from religion. It is a secularised version of the idea that we all bear a special imprint given to us by God.4
In the UK, Church leaders even have a small role in passing legislation. Traditionally, up to 26 of the country's bishops sit in the House of LordsIn the UK, the upper chamber of the UK Parliament. It is made up of hereditary peers, the Lords Spiritual (bishops) and life peers. .5
Others say this is an oversimplification. Although the influence of Christianity in our culture is huge, our laws do not generally come from its theology.
Even at the height of Christianity in Europe, scholars agreed that civil lawThe legal system that involves disputes between individuals, private companies or private organisations - as opposed to criminal law. , promulgatedDeclared publically. by states, was separate from canon law, which regulated the affairs of the Church. Civil law mostly came from ancient Roman legal practices, not from Christianity.
In the UK and most of its former colonies, laws derive from common lawIn the UK, a legal system based on past court decisions or principles that have developed over time. . This means that judges generally consider decisions made by courts in previous generations to be binding. If neither statutesA law that has been formally agreed and written down. written up by legislators nor previous legal precedent give an answer in a case, judges are authorised to settle it themselves and set a precedent for the future.
Although some judges in the past have found Christianity to be part of the law of the land, this idea is now universally rejected amongst British judges.6
<h5 class="wp-block-heading eplus-wrapper">Should theology shape laws?</h5>
Yes: Theology is part and parcel of our culture. It affects how we think about moral right and wrong at every level. It is impossible to exclude it from our thinking about law.
No: In a modern, liberal, multicultural and secular democracy, theology has no place in law. We cannot let a small number of fanatical religionists set the law for the vast majority of us.
Or... Theology is not really at issue here. Christian theology has nothing to say about whether or not an embryo is a child. It is simply being used as ammunition in a very modern political fight.
Alabama - A state in the southern USA. It had one of the largest slave populations before the Civil War, and afterwards, it imposed harsh Jim Crow laws to disenfranchise Black Americans.
IVF - In vitro fertilisation is a technique used to help people with fertility issues have a baby.
Fertilise - Join an egg with male reproductive material to cause new life to grow.
Thomas Aquinas - One of the most important medieval thinkers. The Italian priest called Aristotle "the Philosopher" and worked to unite pagan Greek philosophy with Christian principles.
Secular - A word used to describe something that is not connected with the religious or spiritual sphere.
Theocracies - Countries that are ruled by religious leaders.
Vatican - Where the Pope lives in Italy.
Pope - The bishop of Rome and the head of the worldwide Catholic Church.
Canon law - Laws made within Christian churches to govern how the Church is run.
Afghanistan - A mountainous Asian country, slightly larger than France, whose neighbours include Pakistan, Iran and China.
Taliban - A violent fundamentalist Islamic movement that enforces sharia law and denies education to women.
Sharia law - A legal system based on Islamic teaching. Gay Afghans and Afghan women say the Taliban's strict reading of Sharia is not compatible with their human rights.
Equality before the law - The idea that all people must be equally protected by the law.
House of Lords - In the UK, the upper chamber of the UK Parliament. It is made up of hereditary peers, the Lords Spiritual (bishops) and life peers.
Civil law - The legal system that involves disputes between individuals, private companies or private organisations - as opposed to criminal law.
Promulgated - Declared publically.
Common law - In the UK, a legal system based on past court decisions or principles that have developed over time.
Statutes - A law that has been formally agreed and written down.
US court rules frozen embryos are ‘children’

Glossary
Alabama - A state in the southern USA. It had one of the largest slave populations before the Civil War, and afterwards, it imposed harsh Jim Crow laws to disenfranchise Black Americans.
IVF - In vitro fertilisation is a technique used to help people with fertility issues have a baby.
Fertilise - Join an egg with male reproductive material to cause new life to grow.
Thomas Aquinas - One of the most important medieval thinkers. The Italian priest called Aristotle "the Philosopher" and worked to unite pagan Greek philosophy with Christian principles.
Secular - A word used to describe something that is not connected with the religious or spiritual sphere.
Theocracies - Countries that are ruled by religious leaders.
Vatican - Where the Pope lives in Italy.
Pope - The bishop of Rome and the head of the worldwide Catholic Church.
Canon law - Laws made within Christian churches to govern how the Church is run.
Afghanistan - A mountainous Asian country, slightly larger than France, whose neighbours include Pakistan, Iran and China.
Taliban - A violent fundamentalist Islamic movement that enforces sharia law and denies education to women.
Sharia law - A legal system based on Islamic teaching. Gay Afghans and Afghan women say the Taliban’s strict reading of Sharia is not compatible with their human rights.
Equality before the law - The idea that all people must be equally protected by the law.
House of Lords - In the UK, the upper chamber of the UK Parliament. It is made up of hereditary peers, the Lords Spiritual (bishops) and life peers.
Civil law - The legal system that involves disputes between individuals, private companies or private organisations — as opposed to criminal law.
Promulgated - Declared publically.
Common law - In the UK, a legal system based on past court decisions or principles that have developed over time.
Statutes - A law that has been formally agreed and written down.