Elena Kagan called the military’s “Don’t Ask, Don’t Tell” policy “a moral injustice of the first order.” A moral injustice of the first order? Where on her moral hierarchy is a real “first order” injustice like murder? Not high enough. For Elena Kagan, sexual standards that protect military readiness are a moral injustice, but tearing apart a baby in the womb is a moral right.
I have little doubt that given the opportunity, Ms. Kagan would impose this kind of inverted moral reasoning in her judicial opinions. She already advocated as much when she clerked for Justice Marshall, and when she distorted information about partial birth abortion as a policy advisor to President Clinton. She wants to correct what she sees as injustices from the bench.
That should scare everyone. By whose standard is she declaring something unjust?
Whenever someone talks about an injustice, they are implying that there is such a thing as justice. You can’t know what is not just unless you know what is just. True justice, however, requires grounding in something other than human opinion. Otherwise, we are left with the problem of, “Who sez?”
According to our Declaration of Independence, that grounding is our Creator. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Our founders called this “Nature’s Law” or “Natural Law”—the same Natural Law that Vice President Joe “Ted Knight” Biden pooh-poohed when he was the Senator from Delaware during Clarence Thomas’s confirmation hearings. (My money is on the intellectual firepower of our founders, not Ted Knight.)
If there is no God, then everything is just a matter of opinion—kicking out of the military people who commit homosexual acts is no better or worse than keeping them in. In fact, if there is no God, Mother Teresa was not morally better than Hitler in any objective sense. In order for Mother Teresa’s behavior to be “better” than Hitler’s, there has to be an objective standard of “best” beyond both of them by which we can measure both of them.
Frank Turek is coauthor of I Don't Have Enough Faith to be an Atheist, and the author of Stealing from God: Why atheists need God to make their case. See more of his work at CrossExamined.org.