> The lack of a law is implicit moral approval of the American people.
Not at all. At most - if you assume that the political system is meaningfully representative of moral sentiment, which is a very big "if" - it is the lack of explicit disapproval, which is not the same as the lack of disapproval in general (because it could just be that most people don't judge because they don't know), and certainly not at all the same as approval.