When a Government Oversteps Its Authority

Shattered Dreams

During some of the darkest days of Germany, a faithful Lutheran presciently described how governments lose their claim to legitimate authority according to Romans 13.  Considering recent events here in the United States, where the unelected and unaccountable SCOTUS has decreed law, Hermann Sasse’s 1932 treatise, What is the State?, may warrant some thoughtful consideration:

The Caesar cult in its manifold forms, the deification of the state, is one great form of the defection from the [true] idea of the state. There are also other possibilities of such defection. The government can forget and neglect its tasks. When it no longer distinguishes between right and wrong, when its courts are no longer governed by the strict desire for justice, but by special interests, when government no longer has the courage to exercise its law, fails to exercise its duties, undermines its own legal order, when it weakens through its family law parental authority and the estate of marriage, then it ceases to be governing authority.

Raising such a question can lead to heavy conflicts of conscience. But it is fundamentally conceivable, and it has time and again become reality in history, that a governing authority has ceased to be governing authority. In such a case there may indeed exist a submission to a superior power. But the duty of obedience against this power no longer exists.

Some Thoughts After the Supreme Court Ruling on Marriage

Star Gazing

With a landmark decision, and a monumental example of judicial overreach, the U.S. Supreme Court this morning announced their decision regarding same-sex-Marriage. By the awesome power vested in just five people, marriage has been redefined in our land.  This decision will continue to shake our cultural landscape for years to come, with the aftershocks of both unintended consequences (by some) and intentional-but-hidden agendas (of others).

While some who know me, or who read this blog, may assume my chagrin is in the validation of same-sex-marriage, it is actually far greater regarding the other implications related to this decision.  I am opposed to same-sex-marriage, on the grounds that it is clearly not in line with the design and decree of the Lord of Heaven and Earth.  So I am disappointed, though not surprised, by this decision.  But if this is the law of the land where I live, I can live with it being the law – as long as I am not compelled to comply. It is no greater difficulty than the first century apostles, and other Christians, faced in Rome, Corinth, Ephesus, and other ancient pagan territories.  What concerns me more is that I now live in a land where we officially believe that “Rights” are not endowed by our Creator, but rather bestowed by the government.  This is a very treacherous problem – especially in this case where it was not even by a democratic process; and where there is no court of appeal.

Think about it for a moment.  In Nazi Germany the government decided that those who were Jewish had no rights, and that the government had the right to exterminate them simply because they were Jews.  In the Antebellum South, those of African decent had no rights – with relative few exceptions – and were thus allowed to be held enslaved.  Some may argue that this example, especially the latter one, illustrates why the court decision this morning is a corrective, granting freedom to a group of people to marry who were previously denied that “right”.  But look at the root. Both illustrations are similar to the court ruling, all assuming that “rights” are bestowed by the government.  Yet if this is correct, that rights do come from the government, then why would one argue that the institution of slavery was so reprehensible?  Was it not the law of the land? Government dictating who had rights an who did not?  If one argues that the government has the inherent authority to determine rights, then what makes it appropriate to decry the decisions they make about who has rights and who has not?  If a government has the authority to determine who has rights and who does not, then what makes it morally wrong for a government to decide to eradicate some group it determines undesirable?

No, I have no sympathy for the institution of slavery, nor do I support any practice of genocide.  My point is not that the government should not be the protector of rights, but rather that it is not government that is the originator of any rights.  All good governments must protect the rights of all its citizens!  But what a “right” is is not ultimately determined by the government.  As Jefferson (with help from Franklin) wisely assessed and asserted, “rights are endowed by the Creator”, not by the throne of government.

In April, Justice Anthony Kennedy seemed to grasp the weightiness:

“This definition [of marriage] has been with us for millennia, and it’s very difficult for the court to say, ‘Well, we know better’”.

In the end Kennedy must not have found it all that difficult.  By siding with the majority, Kennedy essentially declares: “Well, we do know better.”

In response to the decision, in his published dissent, Chief Justice John Roberts writes:

If you are among the many Americans – of whatever sexual orientation – who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.

While there is a sense that I appreciate these words, it still leaves me  – and others like me – with a practical dilemma: How should those of us who disagree with this decision – whether on its own merits, or because of the ripple effects that it will engender in days ahead, or both – how should we respond?  Especially as a Christian, how ought I respond?  Roberts’ words are merely philosophical and political.  They offer nothing practical to the question: So What Now?

My sincere hope is that I will, now and eventually, act faithfully to God, and lovingly to my neighbors (whether I am in agreement with them or not). In short, I hope in time to gain both perspective and wisdom – and wise perspective.  One thing I keep reminding myself is that God is still in control.  And while I mull over the realities of the day, I am also finding some food for thought in the counsel of some others:

Continue reading

Prop 8, DOMA, and the Unchanging God

Astonished

In light of the two U.S. Supreme Court decisions today, I was reminded of something my friend Mike Milton wrote that is pertinent to the issues related to these rulings.  Here is what Mike wrote:

When the rats begin to scramble on board the ship, it is a sure sign that the boat is sinking.

Self-described freedom-loving libertarians, and now Karl Rove, believe that Conservatives can embrace same sex marriage, or just leave it to the State as it is a personal “liberty” matter. The defense seems to be “Let the State allow whoever wants to be married to be married. It is a legal contract, not a religious ceremony, for goodness sake.”

Nonsense.

The nation we live in is grounded in “inalienable rights” that come from God, not from government. Our government was designed to guard and defend these rights, not dispense or arbitrate them, because they are based upon “inviolable” laws which must not be transgressed, dishonored, or broken.

This is not a so-called “religious” matter, but a matter of “natural law” that transcends government and social trends and attitudes. One of those inviolable laws is the law of marriage. It is a “Creation Ordinance” in that it extends to the very beginning of humankind. It is embedded in our species as surely as murdering another person is or stealing from another is.

Jesus, when questioned about divorce, appealed to this Creation ordinance when he said, “It was not so in the beginning.” He went on to describe marriage as between a man and a woman and in that union, spiritually, physically, and socially, they become one. Biology itself defends the arrangement, and without ever appealing to St. Paul, I could appeal the universal law that is placed in man’s heart to defend heterosexual marriage.

The Church did not invent marriage; however, the Church (and the Synagogue) must seek to bless what God has placed in the very nature of mankind and the order of His universe.

To give in to libertarian or muddleheaded notions and cries for transforming what is encoded into the very law of life is to not only go down with the ship, but share in the culpability of destroying it.

Marriage between a man and a woman is an inviolable law that cannot be tampered with by man. It is lunacy and suicidal to think and act otherwise. And that is just what the Republicans are doing if they join the ranks of conscience-seared and sadly mistaken people who so cavalierly dislodge the veritable cornerstone of human civilization.

Be certain of this: a nation which denies the inalienable rights of nature and of nature’s God cannot stand and will eventually perish. Freedom cannot be shackled in the human soul.

I wholeheartedly agree with what Mike wrote.  And I am disappointed with the decisions of the Supreme Court.

Continue reading