It is possible to argue that where the Bible makes clear and direct moral statements, such as in the Ten Commandments, these constitute a Christian moral code. As such, this is the best moral code for all people. Therefore, being the best moral code for all people, it must be right to enforce this code into civil law. This view, however, causes a number of difficulties. The Apostle Paul tells us:
For by works of the law no human being will be justified in his sight, since through the law comes knowledge of sin (Rom. 3:20, ESV).These verses highlight the fact that the purpose of the law, that is the Ten Commandments, is to bring knowledge of sin. According to Paul, keeping the law does not justify anyone, it exists so that we can know what sin is. This, however, causes a two-fold problem for the view that we should bring the Ten Commandments into civil law.
Firstly, given that we are all by nature sinful, by bringing the Ten Commandments into civil law we introduce legislation into society that nobody - including those who want to implement it - can keep. Secondly, there are clear spiritual implications of the Ten Commandments that cannot be policed. We know that Jesus stated:
You have heard that it was said, 'You shall not commit adultery.' But I say to you that everyone who looks at a woman with lustful intent has already committed adultery with her in his heart (Mtt 5:27-28, ESV).and:
You have heard that it was said to those of old, 'You shall not murder; and whoever murders will be liable to judgement.' But I say to you everyone who is angry with his brother will be liable to judgement; whoever insults his brother will be liable to the council; and whoever says, 'You Fool!' will be liable to the hell of fire (Mtt. 5:21-22, ESV).Jesus claims that even our impure thoughts are as though we have physically broken these commandments. If we introduce the Ten Commandments into civil law we still cannot police sinful thought. Ultimately, this leads us to enforce only a part commandment. Worse still, by only enforcing the commandments in part we give the impression that sinful behaviour is merely a physical act and not inclusive of our thoughts as well. In this way, by seeking to enforce the Ten Commandments through law we water them down and make them less effectual. We change their purpose from highlighting sin to coercing righteousness and, in so doing, we achieve neither.
We must consider what our motivation is for seeking to enforce the Ten Commandments through civil law. In the verse quoted previously, Paul makes it abundantly clear that keeping the law does not justify us in the sight of God. As such, we will not bring anyone into the kingdom of God by enforcing the Ten Commandments through our legal system. If our motivation is not simply to bring people to God but to encourage a good moral standard for society we are equally going to fail. Without the saving knowledge of Jesus Christ there will be no change in behaviour. The Apostle John tells us clearly that:
the light has come into the world, and people loved the darkness rather than the light because their works were evil. For everyone who does wicked things hates the light and does not come to the light, lest his works should be exposed (John 3:19-20, ESV)Unless we are changed by Christ there will be no change in our moral behaviour. Even where such things are enacted through civil law, and as we have seen they cannot be properly enacted and end up weakening the commandments themselves, behaviour will remain unchanged. This is witnessed throughout the Old Testament where the Israelites fell time and again away from the commandments that were enacted through their own civil law.
In reality, for the Christian, rather than wasting our time on changing a moral, outward law we should instead focus our time and attention on spreading the good news of the gospel which can change the hearts of men and women. By enacting moral laws we cannot hope to change the morality or sinful nature of anyone. By bringing people into a saving knowledge of Christ their hearts will be changed which will in turn cause them to live lives pleasing to God without the need for coercive legislation.
If we cannot implement the Ten Commandments, on what basis should we enact laws? All men, women and children are made in the image of God. As such, all people command a level of respect and dignity that extends beyond cultural, religious and ethnic differences. Due to the image in which they are made they demand equality and respect. Sinfulness cannot be a basis for removing such rights from people as the Apostle Paul notes, quoting the Psalms, 'None is righteous, no, not one (Rom 3:10, ESV).' Moreover, we cannot argue that some sins warrant removal of these rights and others do not. The Apostle James notes 'for whoever keeps the whole law but fails in one point has become accountable for all of it (Jam 2:10, ESV).' As such, we are all sinful (Rom 3:10) and therefore all accountable for the whole of the law (Jam 2:10). Given that we are all guilty of the whole of the law, sin cannot be grounds for removing these basic rights, inherent by virtue of being made in God's image.
If we accept that there are basic rights that extend to all people the basis of our laws can only be as follows: Everything is lawful that does not impinge upon the common rights of others. Such a basis will inevitably mean that certain of the biblical commandments will be enacted in civil law. For example, if we accept that every person has the right to life, murder clearly becomes illegal as it impinges in the most direct way upon this basic right. However, other biblical commandments would not be enacted in civil law. For example, an unmarried couple who decide to have a sexual relationship do not impinge upon the basic rights of anybody else in society. As such, despite what the biblical teaching on the matter is, there is no justifiable reason to legislate against such behaviour in law.
As Christians, we must be careful to differentiate between the civil law which governs us and the moral law of the Bible by which we are called to live. We must recognise, first and foremost, that without saving knowledge of Christ any attempt to enact biblical law in society is simply a case of rearranging the deck chairs on the Titanic. We cannot change the moral thoughts and behaviours of people through civil law - this can only be done through Christ. When we recognise this, our focus should become less on seeking to change moral behaviour and more on seeking to change hearts with the gospel.
This should also change our view of civil law. Rather than seeking to enact a moral code that can never be truly kept we can instead support those laws that uphold the basic human rights that extend to people worldwide by virtue of the fact that they are made in the image of God. Moreover, sin is not a basis for removing such rights and our law should reflect this. As Christians we are called to highlight sin through the preaching of the gospel, not to punish it. It is not through civil law that people will come to know sin but by the preaching of the gospel. Therefore, we should not concern ourselves with punishing sin through civil law. Instead, we should focus on preaching the gospel, upholding those rights that extend to all people and allow all behaviours in law that do not impinge on such rights. This does not mean that we cannot highlight sinful behaviour in the preaching of the gospel but it does mean that we should have no part in condemning or punishing people by law for such behaviour.