WHAT KIM DAVIS COULD HAVE DONE & SHOULD HAVE DONE
NOT JUST AN ISSUE OF PERSONAL RELIGIOUS BELIEFS
Pastor Matthew J Trewhella The Doctrine of the Lesser Magistrates
ROMANS 13 CORRECTLY UNDERSTOOD
Pastor: Kim Davis Has Duty to Continue to Defy Federal Court as ‘Lesser Magistrate’ to Uphold God’s Law
SEE: http://christiannews.net/2015/09/11/pastor-says-kim-davis-has-duty-to-continue-to-defy-federal-court-as-lesser-magistrate-to-uphold-gods-law/; republished below in full unedited for informational, educational, and research purposes:
MILWAUKEE, Wisc. — A pastor and author who supports Kentucky clerk Kim Davis’ decision to disobey a court order rather than violate the law of God says that Davis has a duty to continue to interpose as a civil magistrate and refuse to issue marriage licenses to homosexuals—and the responsibility has nothing to do with personal religious liberty.
Matt Trewhella, pastor of Mercy Seat Christian Church in Milwaukee, Wisconsin, and author of “The Doctrine of the Lesser Magistrate” told Christian Network this week that obeying God rather than men is a biblical doctrine that is exemplified throughout the Scriptures.
“This has been the history of Christianity,” he said. “Christianity has always upheld the standard that when the state commands that which God forbids or forbids that which God commands, we are to obey God rather than men.”
“Daniel (a civil magistrate) chose to pray even thought he was told not to. The apostles chose to preach even though they were told not to. The early Christians refused to burn a piece of incense to [Nero] even though they were told to do so. Richard Wormbrandt (a Romanian pastor who was imprisoned for years and tortured) chose not to keep his mouth shut when Christ was being impugned,” Trewhella outlined.
“There’s no difference here with what Kim Davis has done,” he said. “You choose to either obey God or you choose to obey man when there’s a conflict of laws between the state and God’s law and word.”
He said that the biblical example of fidelity to Christ over man is also woven throughout history, and that God’s law was always considered the standard of legal jurisprudence up until recent times.
“For nearly 1500 years [following the resurrection of Christ], the moral law of God was the objective standard by which all men and all governments of men are judged,” Trewhella explained. “It was the standard to determine whether a law was just or unjust, moral or immoral, right or wrong. And any law made contrary to God’s law was considered now law at all, and was to be resisted.”
“Whether you read Alfred the Great from the 9th century, Jonathan Salisbury from the 12th century or William Blackstone from the 18th century, they all pointed to God’s law as the higher law to which all men and all governments of men were accountable,” Trewhella explained. “William Blackstone was the most cited legal scholar by America’s founders. … He said that any laws that were made contrary to the law of God should not be suffered among us.”
“That was always the thinking of western man up until the time now where we’ve thrown the law of God under the bus,” he continued. “Now that the objective standard has been removed, it allows the state to make it up as they go. And as you can see, they just change the rule of law based on the lusts, passions and whims of mere men.”
“The authority that a civil magistrate has is delegated to them by God, therefore, they have a duty to govern according to his rule,” he explained. “And that’s why it says in Romans 13 that the civil magistrate is the ‘minister of God,’ or God’s minister, to reward those who do good and punish those who do evil.”
“When we look at other passages of Scripture, we see precisely what the Christian is to do when the civil magistrate wants to rename evil as good and good as evil—that is to obey God rather than men,” Trewhella continued, again pointing to biblical examples. “There are plenty of passages in regard to the Hebrew midwives, Daniel, the Hebrew children and even [“the prisoner of Christ Jesus”] Paul himself, who penned Romans 13 and 2 Corinthians 11.”
Therefore, Kim Davis did what was right, Trewhella said.
“She’s simply following what western man has understood for over 1,500 years now, and that’s divine law trumps human laws,” he stated.
And while some opine that Davis should simply resign and let someone else issue the licenses, Trewhella said that is not Davis’ duty before God.
“She is a magistrate. She is not a private individual,” he noted. “As a magistrate, she posses lawful authority, and so she has the duty in the sight of God when the higher authority makes court opinion contrary to the law and word of God to defy that, to interpose against it.”
Trewhella said that the matter is not about religious liberty and should not be treated as a personal opt-out but a scenario where a lesser magistrate must stand in the gap to hold back the judgment of God. He expressed disappointment over statements by Davis’ attorneys in regard to desired compromises, such as being willing to issue licences as long as her name is removed from the documents.
“We’re still allowing the evil to continue, and it totally nullifies the interposition of the lesser magistrate in abating the just judgment of God,” Trewhella lamented. “It’s extremely important for people to understand that the interposition of the lesser magistrate abates the just judgment of God, but with the path they’re taking in Kentucky, it will not.”
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Some Sober and Needful Thoughts
on the Defiance of Clerks in Kentucky
SEE: https://lessermagistrate.com/some-sober-and-needful-thoughts-on-the-defiance-of-clerks-in-kentucky/; republished below in full unedited for informational, educational, and research purposes:
Kim Davis and the other clerks in Kentucky who are defying an immoral and unconstitutional Supreme Court ruling are to be commended. Precious few magistrates in our nation have decided not to pay homage to the Supreme Court. The ruling is immoral because it impugns the created order and Word of God. It is unconstitutional because the federal government has no jurisdiction over marriage granted to it in the U. S. Constitution.
As James Madison, known as the Architect of the Constitution, said in Federalist No. 45, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which remain in the State governments are numerous and indefinite.” We have long left that standard. The States have long been reduced to mere provinces of the federal government. So these actions by these clerks are refreshing to see.
Troubling Matters
There are troubling matters in this so-called act of interposition by these clerks however – they seem to be taking some bad advice from politicians and lawyers.
Not only are they not issuing marriage licenses to homosexuals, but they are not issuing them to heterosexuals either. The reason is to assure the federal courts that their intent is not to discriminate against homosexuals.
Further troubling is that the stated goal of those in leadership there in Kentucky and of these clerks is to create a 121st county clerk (Kentucky has 120) who will issue the licenses from the capitol in Frankfort. This would be done so that the clerks would not have to put their hand to being a part of the process of which they have religious disagreement.
The clerks (and others) do not want to have to lay their hand to this great evil (by issuing marriage licenses), but then promote a change in state law so that people can still do the evil – just not through them. This is not true interposition.
True Interposition
When standing in interposition against wickedness, lesser magistrates – like county clerks, judges, or legislators – should understand that their primary duty is to protect those who reside in their jurisdiction against the aggression of the tyrant – not to protect themselves.
Not only does the interposition of the lesser magistrates protect the people in the jurisdiction of their office against evil – but it also abates the just judgment of God.
Notice what the Lord says in Ezekiel 22:27-30:
“Her princes in her midst are like wolves tearing the prey, to shed blood, to destroy people, and to get dishonest gain. 29 The people of the land have used oppressions, committed robbery, and mistreated the poor and needy; and they wrongfully oppress the stranger. 30 So I sought for a man among them who would make a wall, and stand in the gap before Me on behalf of the land, that I should not destroy it; but I found no one.”
“Her princes in her midst are like wolves tearing the prey, to shed blood, to destroy people, and to get dishonest gain. 29 The people of the land have used oppressions, committed robbery, and mistreated the poor and needy; and they wrongfully oppress the stranger. 30 So I sought for a man among them who would make a wall, and stand in the gap before Me on behalf of the land, that I should not destroy it; but I found no one.”
Kim Davis (and others) are attempting to stand in the gap. Their fealty to the Lord does not allow them to join the higher authorities in their rebellion against God. But, it is all an utter failure if they proffer actions to see the evil accomplished another way (via a website at the statehouse). It is not true interposition.
Notice what the very next verse says when the evil was allowed to continue – Ezekiel 22:31:
“Therefore I have poured out My indignation on them; I have consumed them with the fire of My wrath; and I have recompensed their deeds on their own heads,” says the Lord GOD.”
“Therefore I have poured out My indignation on them; I have consumed them with the fire of My wrath; and I have recompensed their deeds on their own heads,” says the Lord GOD.”
Again, their interposition is intended to abate the just judgment of God. But they (and the other magistrates) are not doing that if they help the evil get accomplished some other way.
The Bogus ‘Religious Liberty’ Position
The position the clerks have decided to stand upon is ‘religious liberty.’ Such a position is fine for an individual. But Kim Davis and the other clerks are magistrates, and as such, they possess lawful authority. Their duty goes beyond mere refusal to participate.
The ‘religious liberty’ defense has already proven a loser in the lawless federal courts. How many bakers and photographers have already lost? The federal courts have made it clear that the only religious rights you have when it comes to the homosexual juggernaut is to remain in the four walls of your building and play church.
This is the latest retreat of the GOP and the conservatives – ‘religious liberty.’ First they stood against sodomy itself. Then they accommodated themselves to that and retreated to opposing homosexual marriage. Now they are accommodating themselves to that and have retreated to religious liberty. The GOP has no fealty to Christ. They only know political expediency – an expediency for their own political ends.
The GOP is planning to use Kim Davis as a pawn to further their latest position – ‘religious liberty.’ They hope to use her to unseat the Democrats from both the governorship and the attorney general.
Governor Steve Beshear and Attorney General Jack Conway are self-serving godless men beholden to the sexual outlaws. Therefore they have refused to implement the 121st county clerk idea to protect the clerks and allow the homosexuals to marry. The GOP will now make them the targets of their ‘religious liberty’ campaign to unseat them and Kim Davis will be their poster-girl.
In the end, however, when the GOP takes power in Kentucky, they will implement the 121st county clerk and make it law that homosexuals can marry. Both the Democrat and Republican positions are wrong. They both want to make law that legalizes homosexual marriage in Kentucky.
What is Needed and Necessary
What is Needed and Necessary
As a magistrate, Kim Davis and the other clerks should interpose against a lawless Supreme Court by refusing to participate in homosexual marriage because it impugns the created order and Word of God and it is repugnant to the Constitution.
Other magistrates – sheriff’s, district attorneys, judges, and legislators from all spheres of government – should rally around these clerks and defend them against federal aggression.
True federalism understands that all magistrates – whatever their level or sphere of jurisdiction – possess lawful authority. And that whenever one branch of government begins to play the tyrant – all other branches (whether federal, state, county, or local) have the duty then more than ever to uphold the Constitution and oppose that branch – even if that branch is the Supreme Court.
True federalism understands that all magistrates – whatever their level or sphere of jurisdiction – possess lawful authority. And that whenever one branch of government begins to play the tyrant – all other branches (whether federal, state, county, or local) have the duty then more than ever to uphold the Constitution and oppose that branch – even if that branch is the Supreme Court.
Many point to the Supremacy Clause of the U. S. Constitution to justify their lack of interposition. But this is a fiction. When you read the Supremacy Clause – Article 6, paragraph 2 of the U.S. Constitution – you see that it nowhere declares that the U. S. Supreme Court, nor any federal court, has supremacy over the U. S. Constitution or the constitutions or laws of the states or the judges of states. Rather, it states that the U.S. Constitution has supremacy and laws or treaties made in accordance with the Constitution.
The Supreme Court cannot make law. That takes legislators. Their ruling isnot the ‘law of the land.’ There is not one law in all of Kentucky, nor any federal law, that states homosexuals can marry.
The Supreme Court is the lawless anarchist in this situation. Those who refuse to comply with their immoral opinion are the ones trying to restore order.
Final Thoughts
If Kim Davis were to win her case – that might be a worse situation. For decades now, when certain laws are passed, there is a religious exemption added. These laws seem good to the average self-absorbed, Pietistic Christian, but in reality they serve to further marginalize Christianity and Christians within the culture.
If she loses – Christians may have to begin to pay a price for obedience to Christ. They will no longer have the convenience of keeping their faith a private matter.
The people (and particularly Christians) need to understand that they must demonstrate vigilance against tyranny. They must give up what most Americans pursue – wealth and ease. They must give some time and effort to good governance.
To understand the character of most men who fill America’s pulpits today, one need only look at America’s laws and policies. The pulpits are by and large filled with whores.
The people need to eschew the narcotic-effect of these pulpits. They need to prod their magistrates to do right, and rally around them when they do right – with our persons, with our finances, with our prayers.
The people need to eschew the narcotic-effect of these pulpits. They need to prod their magistrates to do right, and rally around them when they do right – with our persons, with our finances, with our prayers.
The interposition of the lesser magistrates reminds the higher authority that their authority is delegated and has limits. No man who holds state office rules with autonomy. The authority he has is delegated to him by God. All those in positions of authority stand accountable to God – even the U. S. Federal Government.
Matthew Trewhella is the pastor of Mercy Seat Christian Church (MercySeat.net). He and his wife, Clara, have eleven children and reside in the Milwaukee, Wisconsin area. You can obtain his book The Doctrine of the Lesser Magistrates: A Proper Response to Tyranny and A Repudiation of Unlimited Obedience to Civil Government at Amazon.com or by going to the websites http://DefyTyrants.com or http://LesserMagistrate.com.
