Feb. 2025
Where is the Orthodox Voice in American Legal Discourse?
Dn. Ken Liu
(This reflection is a preface to the Feb. 27th webinar on “Orthodox Christians and the Rights Revolution in America” by Fr. Anthony Roeber.)
Metropolitan Philip (Saliba) wrote in 1984, “During the first one thousand years of her existence, the Church was courageous enough to respond to the challenges of her time. Many local councils were called and seven ecumenical councils were convened to deal with important issues which the Church had to face. What happened to that dynamism which characterized the life of the Church between Pentecost and the Tenth century? Did God stop speaking to the Church? . . . Why is it that every time there is a moral issue to be discussed, a Protestant, a Roman Catholic, and a Jew are invited for such discussion? How can we explain our Orthodox absence, despite the authenticity of our theology and moral teachings?”
Four decades later, though the Orthodox Church has grown in America, I daresay we still have little influence on the society we live in. If we are bearers of the Truth, should we remain content to stay on the sidelines on the most important moral and social issues our country is facing? And how should we Orthodox lawyers participate in shaping the legal landscape?
In his profound address on “Faith, Law, & Human Dignity” given to our first OCAN gathering in 2017, Bishop Maxim (Vasiljevic) stated, “Theology and law do not correspond completely, but it is their innovative and profound encounter that becomes beneficial—if not indispensable—in accomplishing the duty that these two ministries bear toward man, whom they also serve.”
He distinguished between human beings as individuals versus human beings as persons. Our modern political climate focuses on individual “rights,” which are individualistic and focused on the pursuit of happiness. But we as Orthodox Christians must affirm our human personhood, which is eternal and of infinite value as God’s image bearers, and the goal of which is deification.
His Grace went on to say, “If the Orthodox man or woman wishes to transmit to Western society what it lacks, and which is amply offered by Orthodoxy, then he/she must reconcile the law of personhood with the law of individual.”
So much of our culture today is divided and deeply confused, so we fight about how to order our society along tribal identities. Imagine if we could incorporate the concept of personhood into our legal discourse -- how might that change our views on rights?
Historically speaking, Orthodox Christians are relative newcomers to discussions on democracy, self-rule, and “rights.” So, much of our political thought is acquired and derived from other traditions. But we have a deep wellspring from which to draw out wisdom for today’s issues.
In The Teachings of Modern Orthodox Christianity on Law, Politics, & Human Nature, Protestant law professor John Witte, Jr. remarked: "Many leading Orthodox lights dealt with fundamental questions of law, politics, society, and human nature with novel insight. . . These deep spiritual resources of the Orthodox Church have no exact parallels in modern Catholicism and Protestantism, and most of their implications for law, politics, and society have still to be drawn out."
What can we Orthodox attorneys contribute to the most important discussions of our time from an authentically Orthodox perspective? That is the question for us to answer. I hope we can take up the challenge.
© 2025 Ken Liu