Sir, - Rory O'Hanlon argues (October 23rd) that judges should "listen with respect to the teaching of that [Catholic]) Church when a possible conflict arises between the laws we enact and the moral law", an argument with which I disagree.
A judge in a democracy is not entitled to impose his or her own views in delivering judgements where such views conflict with the law. To introduce such a concept would open up the entire judicial system to chaos as it would then be a matter for each judge to ignore any law by merely claiming that it conflicted with his moral views.
No one could reasonably object to a judge applying his moral attitudes within the flexibility open to him under the law but to allow any church to guide him in ignoring the law is to risk the creation of a theocracy. Where a conflict arises, the appropriate option for the judge is to withdraw from the case or, in matters of a more serious and fundamental nature, to resign. The moral law may be absolute but unfortunately each individual's or church's interpretation of it may be different. Were it not so we would have no need of civil laws and could rely solely on the personal opinions of judges to be the basis of our justice system. The reality is, however, that judges are no more infallible than churches when it comes to telling right from wrong and should accept the will of the people (who pay them) in discharging their duties.
It is also a regrettable but inescapable fact that the main churches do not have clean hands when it comes to social issues. The Crusades, the Inquisition, persecution of the Jews, colonial oppression, support for slavery and apartheid, tacit support for the system which resulted in the starvation of the Irish people in the last century - these are examples from the history of the organisations to which Rory O'Hanlon would have judges listen. Governments democratically elected by the people have a better track record in adhering to the Christian ideal than the main churches.
Rory O'Hanlon should follow the example set by the founders of the Christian tradition and should recognise the distinction between morals, which are a personal matter, and law which is for the people to decide collectively and freely. - Yours, etc., Brendan Logue,
Julianstown,
Co Meath.