Here’s an ethical issue and Jewish source response:

Case

Martin Luther King Jr. became famous when he intentionally broke certain laws in a non-violent way.  He used the method of sitting down in the middle of the street and being arrested in protest.  He was calling attention to the lack of civil rights in America and to Jim Crow laws that discriminated against blacks in the South.  This was known as civil disobedience.  Was Martin Luther King Jr. right to knowingly break the law? 

Is it ever right to refuse to obey the law as an act of civil disobedience?  Can you break a law to achieve a higher ideal?

Answer

[a] There are numerous examples in the Bible where individuals were civilly disobedient and seem to be praised for their actions.  The midwives in Egypt refused to listen to Pharaoh’s decree to kill Jewish babies because they feared God (Exodus 1:15-19).  When King Saul ordered his guards to kill the Jewish priests in the city of Nov, they refused (I Samuel 22;16-17).  When the prophet Daniel was forbidden to pray, he ignored that order by the king and prayed anyway, which is why he was thrown into the famous lion’s den (Daniel 6:7-14). 

[b] The Torah itself seems to anticipate the “classic” act of civil disobedience, protesting a war, by allowing a soldier to return home if he is “weak of heart” (Deuteronomy 20:5-8).  According to some commentaries on the Mishnah (Sotah 8:5-6), this refers to a “conscientious objector,” someone who objects to the idea of war itself.  His protest is allowed, and he is not forced to fight.  These examples seem to clearly point to a Jewish acceptance, or even requirement, of opposition toward immoral or improper government decisions.  

[c] However, there is an opposing Jewish principle called Dina D’Malchuta Dina, which applies especially outside the land of Israel.  It means “the law of the land is the law,” and it maintains that Jews must follow the local government and its edicts.  This ensures a strong central authority, which inevitably protects Jews.  It is for this reason that the Mishnah (Pirkei Avot 3:6) says that Jews should pray for the welfare of the government.  Thus, it seems that while a Jew may, on occasion, be civilly disobedient, he or she may not disobey the laws of any legitimate government to the point that they may endanger that regime.  Of course, if the government is ruthless or immoral, or enact anti-Torah laws, then certainly civil disobedience could be considered as a way to protest.  

[d]  Maimonides (Hilchot Melachim 3:9) says that a Jew must refuse to obey even a king who forbids following the Torah.  

Joel Grishaver, “You Be the Judge 2”, pgs. 120-121

Used with permission from Joel Grishaver