The Marriage Moral Space Between The Bible and The Constitution – Conscionable for Christ-followers?

by Standerinfamilycourt

For the Gentiles eagerly seek all these things; for your heavenly Father knows that you need all these things. But seek first His kingdom and His righteousness, and all these things will be added to you.
Matthew 6:32-33

Video credit:  Jeff Morgan.   Matthew Johnston interviewing Dr. Stephen Baskerville, February, 2019

Our blog spends most of its time and words mapping out the moral space between scripture and unilateral “no-fault” divorce laws, all the while being well aware that this is “taboo” space which is alleged to be at odds with the Establishment Clause of the Constitution.   Actually, this moral space consists of three moral sub-spaces:

(1) the moral space between scripture and the allowance of fault-based divorce which does not violate the Constitution, but severely violates scripture (Matt.19:6,8 )  –  Space “A”

(2) the moral space between fault-based unilateral divorce (Romans 13:4) and mutual-consent “no-fault” divorce  – Space “B”,

and, finally

(3) the moral space between mutual-consent “no-fault” divorce and forced, unilateral “no-fault” divorce (Isaiah 5:20) –  Space “C”.


(please click to enlarge picture)

Woe to those who call evil good, and good evil;
Who substitute darkness for light and light for darkness;
Who substitute bitter for sweet and sweet for bitter!

“standerinfamilycourt” began pondering this due to the repeated persistence, in a small strategy discussion group, of a Catholic man who refuses to budge from Space “A” on both moral and constitutional grounds.     He therefore stands opposed to the apparent consensus of the majority in that group: that our divorce law reform objective, particularly insofar as it encompasses the legislatures,  should be  Space “A” + Space “B”.     It’s not at all that this gentleman believes per the bible that death is the only thing which severs and dissolves holy matrimony.   On the contrary, as a “good Catholic”, he also believes that an “annulment” decree from the bishop does this, but in that case he would argue that some extrabiblical “defect” somehow made it “not a marriage”.

At the same time, a brilliant young legal scholar in the group also believes in reform encompassing only Space “A” – on technical constitutional grounds related to  Articles 3 and 10 of the Constitution, but for pragmatic reasons, can settle for Space “A” + Space “B”, so long as this result doesn’t get overturned in court on those same constitutional grounds.  (“Get ‘er done”!)    The difference between the two gentlemen is in their motives and reasoning in arriving at the same end point.    Our Catholic friend believes there are some instances other than physical death which lead God to assent to “dissolution” if church leadership does,  and absent leadership corruption (a huge presumption), this would normally track with fault-based jurisprudence which would be better for the children of the marriage than their parents having an option to decide together to end their marriage.  (Church tradition elevated above God’s commandment, by perceived “delegation”).  Meanwhile, our millennial believes that God has delegated so much authority to the state that the Establishment Clause must override God’s law in order to prevent a “theocracy”.    (State over God, because the alternative in a pluralistic society might be worse.)  SIFC cannot agree with either view, because of Who God says He is, and the outright blasphemy involved with corrupting in any measure one of the key symbols of His holiness and His relationship with His people.

That said, SIFC can also “live with” a pragmatic reform result of Space “A” + Space “B”….but upon deep reflection, believes that if Jesus Christ were in this discussion group,  He’d say that even Space “A” is too much “daylight” between the instructions He left us with and what we as Christian citizens will settle for in our family laws.   Space “A” actually reflects the Pharisaical school of Shammai which He rebuked in Matthew 19, while  Spaces “A” + “B” + “C” reflect the Pharisaical school of Hillel which He also rebuked in Matthew 19.

Unless your righteousness exceeds that of the scribes and Pharisees you will not enter heaven.    Matthew 5:20

He said to them, “Because of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way.”     Matthew 19:8

Christ’s position would be:  only God, and not civil government has authority over holy matrimony, and nothing short of holy matrimony is actually moral:

Space “A” +  Space “B” + Space “C” – Space “A” minus  Space “B” minus Space “C” = zero human authority to create holy matrimony or grant a divorce from it.

Christ would grant civil government the authority to track marriage and death records to support the union, but would say that all divorce is man-made and of no effect in the kingdom of God, unless the “marriage” it purports to “dissolve” was invalid and kingdom-unlawful to begin with.   He would say that all authentic marriage is only God-made, and anything outside of that is adultery, which sends people to hell if they don’t repent of it, and for which He will eventually judge our unrepentant nation, especially if the shepherds of His church remain complicit.   By contrast, one recent state is attempting to keep the usurped authority for the state to continue granting unilateral “no-fault” dissolutions, but prospectively only record God-joined unions (and all manner of other man-fabricated  cohabitation arrangements) upon affidavit, and doing so in order that the state’s judges may escape perceived persecution and actual liability at the hand of the homosexualist community from conscience-based refusal to officiate sodomous weddings.

 

“Standerinfamilycourt” is sincerely wrestling with this….
So…just how acceptable in God’s sight is it to advocate for change in a law that is presently sending people to hell by the millions, in favor of a reformed law that maybe only sends people to hell by the thousands (on the prevention side), and increases the legal avenues for repentance which avoids hell (on the rectification side)?
How much more or less acceptable in God’s sight is it to advocate for a law that prohibits divorce altogether (that is, strikes the dissolution statute in its entirety — whether or not there exist what men might consider to be “fault-based grounds”), thereby sending few or no one to hell because they divorced their true spouse, but sending some to hell because they can no longer civilly-divorce a faux spouse, and which also closes off all avenues of biblical repentance  via man’s law?    After all, it can’t be emphasized often enough:   the law is a teacher, (especially with regard to the unregenerated who have no way of being counseled from within by the Holy Spirit), for better or for worse.

“standerinfamilycourt” may never have the answer to this dilemma until actually standing before the throne of God, when all of a believer’s life works will be judged to see what survives the fire:

For no man can lay a foundation other than the one which is laid, which is Jesus Christ. Now if any man builds on the foundation with gold, silver,  precious stones, wood, hay, straw,  each man’s work will become evident; for the day will show it because it is to be revealed with fire, and the fire itself will test the quality of each man’s work. 
If any man’s work which he has built on it remains, he will receive a reward.  If any man’s work is burned up, he will suffer loss; but he himself will be saved, yet so as through fire.

Do you not know that you are a temple of God and that the Spirit of God dwells in you? If any man destroys the temple of God, God will destroy him, for the temple of God is holy, and that is what you are.
1 Cor. 3:10-17

“standerinfamilycourt” is right to be concerned that all of the very costly and difficult activism, in terms of changing man’s divorce law, is only “wood, hay and stubble”.   But if legal reform could also change hearts, reduce the massive number of people dying in a state of adultery,  and increase the harvest of godly offspring who ultimately become citizens of heaven, that becomes a precious metal which will withstand the fire.

In Mathew 6, Jesus told us to seek His righteousness (presumably for ourselves, but perhaps also for others) while we’re first seeking the kingdom of God.    In Matthew 5:6, He declared, “Blessed are those who hunger and thirst for righteousness, for they shall be satisfied.”  Both verses clearly promise a fulfillment from Him if our heart motives are what they should be, and we’re doing our part to obey the seeking, hungering and thirsting part.

Many earnest believers will argue either (1) “No one serving as a soldier entangles himself in the affairs of this life, that he might please the one having enlisted him” (2 Timothy 2:4), and therefore eschews all political involvement by Christians,  or (2) God’s law of marriage only applies to the redeemed.    Although the first idea has some merit, the second is completely contrary to Christ’s instructions, so  “standerinfamilycourt” respectfully rejects both notions, in times like these.

It seems, therefore, the moral focus needs to be on the net effect on souls arriving in the kingdom of God, in clean wedding garments.   That is all that will survive the fiery test of our life works.    Obviously, if the “dissolution” statutes were all repealed from the lawbooks of all 50 states and not replaced, the expected result would be a wave of both righteous and unrighteous marital abandonments, the former resulting in repentance from adultery ,  and the latter resulting in a massive, if not unprecedented, increase in adultery because of the cultural intolerance of being told by government what to do.     As predominantly immoral as our society has grown in the past five decades (encouraged by the enactment of increasingly immoral civil laws), perhaps the effects would initially “wash”,  then who knows what would follow after that?

Situational ethics and moral relativism are never healthy things, and are downright nauseating to SIFC.   This is the mistake Moses  appears to have made, in endeavoring to “manage” sin in a pretty identical situation (Deuteronomy 24:1-4)  instead of strongly rebuking it, and Christ showed that He was less than impressed with this.   After all, it was not Moses whom Christ commended as the “greatest among all men born of woman”.    It was instead His cousin, John, who sacrificed his very head to try and warn two adulterers to repent to escape hell.   The kingdom of God suffers violence, not appeasement and accommodation!  In accepting moral Space “A” or moral Space “A” + “B”  for pragmatic reasons, there is both situational ethics and moral relativism involved, because human compromise is being aimed at seeking to prevent a perceived greater evil anticipated from a stricter law, due to inherently evil human nature.

Talk like this can be very unsettling to those who have never had the constitutionally-false notion of a thick wall of separation between church and state meaningfully, intellectually challenged.   Certainly, among millennials, there is a long-fed fear (much of it, historical-revisionism-driven and propaganda-driven) causing this generation to struggle in particular with the Establishment Clause, and almost elevating it over the Free Exercise, clause out of concern, (perhaps) that Christianity will lose its moral authority and representation if Allah, Buddha, Krishna and Marx are not given equal place with the Most High God of the bible in our society.     A lot of it has to do with the time period in which boomers vs. millennials and generation X-ers lived and grew up.   And that has a lot to do with (believe it or not) the downstream effects of enactment of unilateral “no-fault” divorce. Those of us whose hair is now graying grew up for at least a couple of decades during a time when Christian values indeed dominated, and families under all religions actually thrived, even if they were prevented from dominating or having equal representation. That’s because we still HAD our families, directly due to Judeo-Christian domination of power structures and government.

In another February interview, Dr. Baskerville told World Magazine ,

“The churches withdrew from private life?
And the state moved in. What had been the role of pastors and priests became the role of lawyers, judges, and social workers. The church has never tried to reclaim its turf, and has been a major contributor of secularization, of people feeling the church is not part of their life when it’s not enforcing the marriage contract.

“What can be done now? The church has got to step in. Much of the history of the Christian church has been brave churchmen speaking out when the state overreaches its authority. This whole area of sexual morality is, frankly, our turf and God’s turf. The state has a role but is overstepping.”

Is it lawful for us to give tribute unto Caesar, or no?  But he perceived their craftiness, and said unto them, Why tempt ye me?  Shew me a penny. Whose image and superscription hath it? They answered and said, Caesar’s.  And he said unto them, Render therefore unto Caesar the things which be Caesar’s, and unto God the things which be God’s. And they could not take hold of his words before the people: and they marvelled at his answer, and held their peace.
–  Luke 20: 22-26

Dr. Jennifer Roback Morse posted another excellent question from that interview on the Ruth Institute facebook page:  Q: Were churches sleeping when no-fault divorce emerged?

A: Some churches did raise their voices, but much of their attention was diverted at the time by Vietnam and civil rights. There was very little debate, very little discussion. No-fault divorce, the welfare state, and the cohabitation explosion were all usurpations of the church’s role by the state. Governmental power was inserted into a realm of private life that had been the realm of the churches.”

All of the above is true enough, of course, but does not represent the whole picture, at least with regard to the Protestant churches:

[standerinfamilycourt 3/6/2019 on this Ruth Institute Post ]  Martin Luther & co are partly to blame for the church apathy. Forced divorce would be a much bigger issue had he not turned over the authority to the civil state to regulate holy matrimony in order to obtain access to man-made “dissolution” certificates, then established the Reformation church on the outright heresy that original holy matrimony bonds can be severed by anything but death. The real insult to the church is that the civil state is deigning to regulate marriage at all, much less on a “no-fault” basis, but heresy reigns supreme, and revised bibles back it up. For the church to do much to oppose state regulation of marriage, much less any kind of tyrannical divorce law, they would have to acknowledge that all resulting “remarriages” are morally and spiritually invalid adultery in all cases. When they can get away, and indeed grow rich, with not doing so, that’s too big a morsel for most to bite off.

One of Martin Luther’s more outrageous quotes (actually acknowledging that only death dissolves holy matrimony, and providing a very creative solution) goes thusly…

Dr. Morse’s Roman Catholic Church has their own canon law, and has continued to claim its authority over marriage, notwithstanding the state’s competing claim to that authority.   Both claims are overstated and distorted from a kingdom of God perspective.

Perhaps it’s best to step back and look at the behavior of our nation’s founders and their choices with regard to allocating authority over marriage, between human government (Caesar) and God’s commandment that marriage was indissoluble except by physical death.    It was these men who claimed “certain inalienable rights” directly from God, of life, liberty and the pursuit of happiness.   It is interesting to note that neither the U.S. Constitution nor any of the original state constitutions eventually ratified in the thirteen colonies even attempted to allocate the authority to regulate marriage to civil government at all, even though Federalism and Article 10 left the states this space.    Based on this, SIFC believes it is fair to say that our nation’s founders started off on the conservative end of Space “A”, fairly aligned with biblical instruction, and this is one of the reasons God incubated and fostered our nation, making it extraordinary in its greatness.    In other words, there wasn’t a lot of moral space between the Bible and the Constitution until case law and legislatures put the moral separation space there later.

A Word About Our Founders, the Framers of the Constitution
Were all of our principal founders followers disciples of Jesus Christ?   No.    Many were deists and humanist subscribers to natural law, including Thomas Payne, George Washington, Thomas Jefferson, Ethan Allen and Benjamin Franklin.     Others, like John Jay, Patrick Henry, John Adams, Samuel Adams and Alexander Hamilton, Noah Webster were unequivocal about following Christ.    Virtually all of them knew and expressed an overt warning that the form of government they had designed and bequeathed to the future citizens of this nation would only continue to function in an environment of national biblical morality.

Charles Carroll, signer of the Declaration of Independence said: “Without morals a nation cannot subsist for any length of time.”

John Adams said, “Religion and virtue are the only foundations, not of republicanism and of all free government, but social felicity under all government and in all the combinations of human society.”

Though widely assumed to be a deist, Benjamin Franklin said, “God governs in the affairs of man.  And if a sparrow cannot fall to the ground without his notice, is it possible that an empire can rise without his aid?”

(    SIFC:   That can be the rise of a nation for a kingdom purpose, or it can be  tolerated rise of a malevolent stronghold into an empire to punish an unrepentant nation that once enjoyed His extreme favor, and in yesteryear faithfully carried out that purpose, but now is leading the world into deeper debauchery and idolatry.)

Also, observed by Ben Franklin:  “Only virtuous people are capable of freedom.   As nations become corrupt and vicious, they have more need of masters.”

George Washington said, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports”, and, “It is impossible to rightly govern a nation without God and the bible.”

John Adams declared, “We have no government armed with power capable of contending with human passions unbridled by morality and religion…Our Constitution was made for a religious and moral people.  It is wholly inadequate for the government of any other.”

(Tell us 21st century citizens about that, Mr. 2nd U.S. President!)

Finally, Noah Webster said, “…the moral principles and precepts contained in the scriptures ought to form the basis for all our civil constitutions and laws…All the miseries and evils that men suffer from vice, crime, ambition, injustice, oppression, slavery and war, proceed from the despising or neglecting the precepts contained in the bible.”

It is frequently argued today that we can’t go back to what we first had as a nation (as if the Lord God were indifferent), because our nation’s residents are no longer homogenous enough for it to work, therefore, we have no practical choice but to govern according to the prevailing cultural morality.   (Much of this, it can be quite accurately observed, is said with the motive of coddling and appeasing the homosexualists.)   “standerinfamilycourt” hereby prophesies that if we continue on as a nation with this ridiculous fallacy, the Muslim caliphate ultimately will not share that opinion with us, and will not hesitate to impose Shariah law on a morally-unruly citizenry. There is plenty of historical precedent for this in the bible and recorded world history.  God owes the United States of America nothing, but He allowed first the Assyrians and then the Persians to overtake the nation of Israel. After seven decades of subjection, He required an intense purge of unlawful “marriages” and restored societal morality before He would restore sovereignty to His favored nation whose religious leadership was complicit in the systemic evil.

The following is only a theory on SIFC’s part, but it has been well-tested by the first nearly 200 years of our nation, when Baptists, Anabaptists and Methodists (who were socially disdained back in England) got along just fine with the Anglicans and Presbyterians.    Later on, the Jews and Catholics got along just fine with the Protestant leaders and citizens under the civil marriage laws that prevailed until 1970.   God’s moral favor gave cover for civil governments to impose that morality on the Mormons and Muslims, a circumstance that today shows signs of beginning to break down.  Civil law does not need to prohibit man’s consensual divorce in order to appease God and wisely govern the people, but it must never force family dissolution and fragmentation on innocent family members while morally and financially rewarding the guilty family members.    Society begins to break down at the point when obeying God’s biblical family law (whose very core is Gen. 2:21-24 and Matthew 19:4-6,8) becomes either very difficult or impossible under the corrupted civil laws of men.

Righteousness exalts a nation, But sin is a disgrace to any people.
– Proverbs 14:34

www.standerinfamilycourt.com

7 Times Around the Jericho Wall  |  Let’s Repeal “No-Fault” Divorce!



One thought on “The Marriage Moral Space Between The Bible and The Constitution – Conscionable for Christ-followers?”

  1. Very thoughtful and thought provoking piece. Thank you and God bless your efforts to defend marriage and the Gospel itself.

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