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The REAL separation of church and state – Part III

We ended Part II with the thoughts of Thomas Jefferson and James Madison as to the importance of interpreting the Constitution according to its plain meaning and intent of the authors. George Washington also wrote of the importance of adhering to the prescribed methods for changing the Constitution.

If, in the opinion of the people…the constitutional powers be at any particular wrong, let it be corrected by an amendment in the way the Constitution designates. But let there be no change by usurpation; though this in one instance be the instrument of good, it is the customary weapon by which free governments are destroyed.”[1] [emphasis added]

Joseph Story was the leading Constitutional scholar of the nineteenth century and in 1833 wrote in Commentaries on the Constitution that the Constitution “…was to be understood in terms of its plain, commonsense meaning” and must not be changed by the caprice of men.

The reader must not expect to find in these pages any novel construction of the Constitution. I have not the ambition to be the author of any new plan of interpreting the theory of the Constitution, or enlarging or narrowing its powers, by ingenious subtleties and learned doubts…”[2]

For 150 years original intent was the courts’ coin of the realm when interpreting the Constitution. But that dramatically changed in 1947. The beginning of that change occurred seventy-seven years earlier when Christopher Columbus Langdell became president of Harvard Law School in 1870 and developed the theory of legal positivism which was adopted and applied by other leading lawyers and jurists that followed him including Supreme Court Justice Oliver Wendell Holmes.[3] Since 1947, legal positivism has replaced original intent as the standard for interpreting the Constitution. The essence of the theory is summarized as follows:

1. There are no objective, God-given standards of law, or if there are, they are irrelevant to the modern legal system.

2. Since God is not the author of law, the author of law must be man; in other words, the law is law simply because the highest human authority, the state, has said it is law and is able to back it up by force.

3. Since man and society evolve, therefore law must evolve as well.

4. Judges, through their decisions, guide the evolution of law (Note again: Judges “make law).

5. To study law, get the original sources of law – the decision of judges; hence most law schools today use the “case law” method of teaching law.[4]

The Founding fathers including those who drafted the Constitution held a biblical worldview. In this worldview, eternal truths were revealed to man by God through his creation and His revelation to the ancient Hebrews and first century Christians. In the Christian worldview, the Supreme Being (God) created matter out of nothing and formed the universe. He impressed certain principles upon that matter, laws of nature from which it can never depart. However, man was His special creation and was allowed to choose to follow or depart from those principles as they relate to human nature. Those principles are truths that are intrinsic and timeless, and are essential elements needed to provide a coherent and rational way to live in the world. These truths are called by various names: permanent things, universals, first principles, eternal truths, and norms.[5]

These absolutes became the basis for American law and were expounded upon by men such as William Blackstone in his Commentaries on the Law of England. Blackstone wrote:

This law of nature…directed by God Himself…is binding in all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force and all their authority, mediately or immediately, from this original.[6] [emphasis added]

The American Constitution’s biblical origins and the Founders’ unbending devotion to original intent in its interpretation were hindrances to the proponents of legal positivism. In his book The New Freedom, Woodrow Wilson disparaged the Founders’ notions of original intent and argued that progressives should be allowed to apply the Darwinian principle in interpreting the Constitution.

And they [the authors of the Constitution] constructed a government…to display the laws of Nature…The government was to exist and move by virtue of the efficacy of “checks and balances.” The trouble with this theory is that government is not a machine, but a living thing. It falls not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin…Government is not a body of blind forces; it is a body of men…Living political constitutions must be Darwinian in structure and in practice. Society is a living organism and must obey the laws of Life, not of mechanics, it must develop. All that progressives ask or desire is permission—in an era when “development,” “evolution,” “is the scientific word—to interpret the Constitution according to the Darwinian principle; all they ask is recognition of the fact that a nation is a living thing and not a machine.[7]

Wilson’s profoundly humanistic understanding of man jettison’s the Founders’ concern for the universal wickedness of fallen man and therefore dispenses with the need for those pesky “checks and balances” so important to the Founders. The Darwinian understanding of man is that he basically good and ever progressing. Therefore, as men and society evolve, so must their constitutions and laws.

Not content with a fluid interpretation of the Constitution to meet the needs of an evolving society, there is a new breed of activist judges that have gone beyond legal positivism to legal realism. Such realists are using the legal system to promote their own ends while using positivism as the “basis for denying divine law and/or natural law.” Judicial realism is another name for judicial usurpation of legislative power. Legal realists such as Charles Evans Hughes, the Chief Justice of the Supreme Court during most of Franklin Roosevelt’s administration, believe that, “We are under a constitution, but the Constitution is what the judges say it is.”[8] Put another way, judges don’t just interpret the meaning of the Constitution; they decide what they believe the Constitution ought to say. They become social policy makers who craft decisions based on what they think as opposed the wishes of the people and their elected representatives. Prophetically, Thomas Jefferson warned of such an activist judiciary, “The Constitution… is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.”[9]

The basis for liberals’ plea for separation of church and state rest only on eight words taken out of context in 1947, but they are now used to blast any hint of America’s Godly heritage from every facet of American society. Theirs is not a true separation of church and state but creation of an invisible church subservient to the state. However, the history and importance of separation of church and state is far longer and greater than its misapplication to the Establishment Clause of the First Amendment. The separation of the spiritual realm from the secular was instituted by Christ. The separate but complementary roles of church and state were designed and ordained by God. Therefore, the battle is not merely between church and state but just one battle on the far larger battleground of humanism versus Christianity. Dietrich Bonhoeffer, the renowned German theologian who was martyred for his stand against Nazism, called humanism “the most severe enemy” that Christianity ever had.[10]

The sad state of American jurisprudence with regard to a real separation of the dual realms of church and state occurred because of two major failures by the Christian church in America. We shall call the first failure an abandonment of the public arena which occurred in the late 1800s and early 1900s with the rise of the “social gospel.” The social gospel movement started within the church but was used by secularists for left-wing social reform. Fearing a gospel of “salvation by works,” many conservative and evangelical churches developed a “ghetto mentality,” backing away from society and burying themselves in prayer, Bible study, converting the lost, and personal morality and holiness.[11] But in doing so, they also became the silent church that also buried its responsibility to be salt and light to the government and culture at large. [See: Matthew 5:13]

The second failure of the church in maintaining the dual realms of church and state we shall label as acceptance. Contemporaneous with the abandonment of the public arena by conservative and evangelical churches in the late 1800s and early 1900s, many mainline churches felt the effects of a loss of cultural authority as secular humanism advanced on the coattails of science and rationalism. In order to retain a measure of cultural authority and acceptance in the face of humanism’s onslaught, mainline Protestant leaders began embracing secular human sciences to lend credibility and cultural relevance to the tenets of their religion.[12] But such acceptance brought compromise of its creedal doctrines which resulted in a profane and powerless church that had lost its saltiness, “…no longer good for anything except to be thrown out and trodden under foot by men.” [Matthew 5:13b. RSV] And because of the church’s abandonment of society or the compromise of its message, the humanistic worldview reigned supreme and subsequently spread into every facet of culture.

The leaders and many of their bureaucratic subordinates in the institutions of American life now present what appears to be the face of an almost invincible monolithic humanism. In the presence of such a daunting challenge, Christians and others in America may ask how society can return its laws and Constitution to reliance on the original intent of the Founders when the rules for interpreting and enforcing those laws and the Constitution are made up by judges as they see fit to protect and promote their humanistic worldview. Our first priority is to correctly identify our adversary. The Apostle Paul paints a vivid picture of the enemy and his lair. “For we are not contending against flesh and blood, but against the principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in heavenly places.” [Ephesians 6:12. RSV]

Even though it is a spiritual battle in this life and the heavenlies, we are not meant to be mere uninvolved spectators banished to the sidelines by a hostile society. In this earthly life, Christians are His “boots on the ground,” and our marching orders are to actively spread salt and light into all arenas habited by a lost and dying world.

Larry G. Johnson

Sources:

[1] John Eidsmoe, Christianity and the Constitution-The Faith of Our Founding Fathers, (Grand Rapids, Michigan: Baker Books, 1987), pp. 392-393.
[2] Ibid., p. 393.
[3] Ibid., p. 394
[4] Ibid.
[5] Larry G. Johnson, Ye shall be as gods – Humanism and Christianity – The Battle for Supremacy in the American Cultural Vision, (Owasso, Oklahoma: Anvil House Publishers, 2011), p. 392.
[6] William Blackstone, Commentaries on the Laws of England, Vol. 1-Book I & II. (Philadelphia, Pennsylvania: J. B. Lippincott Company, 1910) p. 27.
[7] Eidsmoe, p. 390. Quoting: Woodrow Wilson, The New Freedom, (New York: 1914), pp. 44-48.
[8] Ibid., pp. 395-397.
[9] David Barton, Original Intent – The Courts, the Constitution, & Religion, (Aledo, Texas: Wallbuilder Press, 2008), p. 195.
[10] Eric Metaxas, Bonhoeffer, (Nashville, Tennessee: Thomas Nelson, 2010), p. 85.
[1] Eidsmoe, p. 407.
[12] Johnson, p. 252.

The REAL separation of church and state – Part II

1947 was a busy, exhilarating, and optimistic year in America. The final days of World War II ended sixteen months earlier with the defeat of the Japanese Empire. Miracle on 34th Street was playing in the movie houses across the nation, and a solid-state semi-conductor called a transistor was invented in the Bell Laboratories. An unknown object crashed in the desert near Roswell, New Mexico. Thousands of former soldiers and sailors were in their second year of a G.I. Bill-financed college education, and the first Boomer generation children were barely over a year old.

But in 1947, many Americans also sensed an increasing undercurrent of unease and foreboding. The post war euphoria was short-lived as 1947 was the beginning of the four-decade long Cold War with the Soviet Union. The two superpowers were now separated by the “Iron Curtain,” so labeled in March 1946 by Winston Churchill in his famous speech at Westminster College in Fulton, Missouri. The West was being challenged by an aggressive Soviet Union and a monolithic block of “satellite” states under soviet domination, eastern European countries formerly under the control of Nazi Germany. The House Un-American Activities Committee held nine days of hearings into alleged communist influence and propaganda within the Hollywood motion picture industry.

Amidst the tumultuous events of 1947 there was also one little-noticed occurrence—a seemingly insignificant ruling by the U.S. Supreme Court that would eventually have a monumental impact on the course of religious liberty and freedom of speech for almost seven decades lasting to the present day. Known as Everson v. Board of Education, the case revolved around the authorization by the Ewing Township School Board for reimbursement of parents for fares paid for the transportation by public carrier of children attending public and Catholic schools. The school board made the authorization pursuant to a New Jersey statute authorizing district boards of education to make rules and contracts for the transportation of children to and from schools other than private schools operated for profit. Therefore, parents of children attending not-for-profit Catholic schools qualified for reimbursement under the New Jersey statute.[1]

In a 5-4 opinion, Justice Hugo Black spoke for the majority of the Court in their finding that upheld the New Jersey Court of Errors and Appeals’ decision which struck down the New Jersey statute:

No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups, and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect “a wall of separation between church and State.” Reynolds v. United States, supra, at 98 U. S. 164.

… The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. New Jersey has not breached it here.[2] [emphasis added]

The particulars of the case were relatively unimportant except to Plaintiff Everson and the citizens of Ewing Township, New Jersey, but the larger ramifications of the decision would spread into almost every facet of American society by overturning one-hundred fifty years of legal precedent, legislative actions, and its citizens’ quiet enjoyment of their religious liberties. The Court’s decision was contrary to the intent of the Founders with regard to the Establishment Clause and the meaning of Jefferson’s metaphor in his January 1, 1802 letter to the Danbury Baptists.

The Establishment Clause derives its name from the First Amendment to the Constitution of the United States.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of people peaceably to assemble, and to petition the Government for a redress of grievances.[3]

The First Amendment protections for religious liberty were extremely important to the citizens of the newly-formed nation. In England, the established state church had been an onerous foe of those whose religious beliefs differed. Facing religious oppression in Europe, the original colonies were primarily founded by those seeking religious liberty. By the 1760s, the colonists had experienced this freedom of religion for almost one-hundred fifty years, but in those final years before the Revolution, they received a rude reminder of former times of religious oppression by one denomination over another when King George III appointed an Anglican bishopric to oversee the religious affairs of Puritan New England—the very reason the Puritans had left their homeland.[4]

At the time of the writing of the Constitution in 1789, although the states encouraged Christianity, no state allowed an exclusive state-sponsored denomination. A dozen years after the drafting of the Bill of Rights which included the First Amendment, rumors still circulated that the new American government would designate a state-authorized denomination. These rumors were so prevalent that the Danbury Baptist Association wrote to President Jefferson about their concern that a particular denomination would be established as the official denomination. It was in this context that Jefferson wrote to the Baptists at Danbury, Connecticut, to assure them that the rumor had no basis in fact. In an attempt to assuage their fears, he said,

Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the government reach actions only, and not opinions—I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion or prohibiting the free exercise thereof,” thus building a wall of separation between church and State.[5] [emphasis added]

Jefferson’s belief that the First Amendment had been enacted only to prevent the federal government’s establishment of a national denomination is confirmed by his letter to Dr. Benjamin Rush, a fellow-signor of the Declaration of Independence.

[T]he clause of the Constitution which, while it secured the freedom of the press, covered also the freedom of religion, had given the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States…especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes and they believe…any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly.[6] [emphasis added]

Jefferson’s metaphor of “a wall of separation” meant only the establishment of one particular denomination as the state-authorized denomination. Also, Jefferson’s wall was intended to be a one-way wall to protect the church from the state and not the other way around. But modern court rulings have perverted the original intent of the Establishment Clause to allow, in their own words, the construction of a “high and impregnable” wall between church and state.

The Supreme Court’s Everson decision divorced the First Amendment from its original intent and “…reinterpreted it without regard to either historical context or previous judicial decisions.”[7] In effect, the Supreme Court took eight words from Jefferson’s letter to the Baptists out of context and used them without support of sound judicial precedent to dramatically diminish religious freedom in the United States. Subsequently, the ruling has been used for additional judicial chicanery by the proponents of a humanistic worldview to systematically and completely remove religion and especially Christianity from all spheres of American public life.

Jefferson would have strenuously objected to the 1947 Supreme Court’s departure from original intent with regard to the First Amendment as can be seen in his admonishment to Supreme Court Justice William Johnson.

On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.[8]

James Madison’s regard for the importance of original intent also mirrored Jefferson’s beliefs.

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful, exercise of its powers…What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense.[9] [emphasis added]

In 1947, the Supreme Court produced Madison’s dreaded metamorphosis as original intent was dumped for modern invention. As the Establishment Clause has been reconstructed by the Court’s Constitutional revisionists, the illegitimate modern interpretation of Jefferson’s wall of separation produces the same consequences as Churchill’s infamous Iron Curtain—the suppression and ultimate destruction of religious liberty.

Larry G. Johnson

Sources:

[1] The U.S. Supreme Court, Everson v. Board of Education, 330 U.S. 1 (1947). Everson v. Board of Education of Ewing Township, No. 52. Decided February 10, 1947.
https://supreme.justia.com/cases/federal/us/330/1/case.html (accessed February 5, 2015).
[2] Ibid.
[3] The Constitution of the United States of America, (Washington, D. C.: National Archives and Records Administration).
[4] M. Stanton Evans, The Theme is Freedom, (Washington, D.C.: Regnery Publishing, Inc., 1994), p. 217.
[5] David Barton, Original Intent – The Courts, the Constitution, & Religion, (Aledo, Texas: Wallbuilder Press, 2008), pp. 51-52.
[6] Ibid., p. 51.
[7] Ibid., p. 27.
[8] Ibid, p. 28.
[9] Ibid., p. 28.

The REAL separation of church and state – Part I

Ask the average American to define the meaning of the oft-repeated phrase of “separation of church and state” and usually you will receive a blank stare. Following a brief pause, they may start giving examples like: “It means we can’t have prayer in schools.” “The government can’t sponsor any event that is connected with a church.” or “The Founders wanted to keep church and faith out of government.” If one follows up with a question as to the origins of “separation of church,” answers will include: “It was invented by Thomas Jefferson.” “It is part of the Declaration of Independence.” “It was established by the Supreme Court.” And a few will identify its source as the U.S. Constitution.

Not only are most Americans substantially ignorant of our nation’s history, they are grossly uninformed about the form and operation of American government. What little understanding of government they have usually originates from listening to the nightly news, political pundits, Hollywood and media celebrities, Internet headlines and sound bites, and an educational system vehemently opposed to the central cultural vision of the Founders. Few concepts within American governance are so important and so misunderstood as that of separation of church and state.

The original Constitution was signed by Congress on September 17, 1787 and subsequently ratified by the states. The Bill of Rights was adopted by Congress on September 26, 1789 and became part of the Constitution when Virginia became the tenth state to ratify the Amendments on December 15, 1791.[1] The First Amendment reads as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of people peaceably to assemble, and to petition the Government for a redress of grievances.[2]

The Founders were strong proponents of separation of church and state. But the confusion as to its meaning over the last seventy years derives from the modern revisionists’ misrepresentation of the Establishment Clause as opposed to those who argue for the original intent of the Founders that had been observed by custom and the courts for over 150 years.

It is clear from the words and actions of the Founders that the intent of the Establishment Clause was to prohibit government from establishing one denomination as the official or preferred church. Modernists have reinterpreted the Establishment Clause to be a separation clause that effectively purges any hint of religious activity and influence in the public square which has come to mean any of the spheres of American life.

To understand the concept of separation of church and state and why the Founders so valued it, we must look back in history. The idea that a group of people bound by a religious allegiance with its own history, beliefs, and traditions could exist within a society but remain independent of the governing political entity was a concept unknown to the ancients. This radical concept that a distinction must be made between the roles of church and state arose from Christianity at its very birth.[3] It was evident in Christ’s challenged to the politically-connected religious leaders (Pharisees and Herodians) when they attempted to entrap Him with questions as to man’s loyalty to man or God. “Then he said unto them, ‘Render therefore to Caesar the things that are Caesar’s, and to God the things that are God’s.’” [Matthew 22:21a. RSV]

For the next three hundred years the church fathers maintained this separation but endured severe persecution as a consequence. In 313 AD, Roman Emperor Constantine legalized Christianity, but he soon began intruding in church affairs. In 353-356, Hosius, bishop of Cordoba, Spain, reprimanded one of Constantine’s three sons (Emperor Constantius II) for intruding in church affairs by attempting to get Western bishops to oppose Athanasius of Alexandria for supporting those who rejected the Arian heresy. Hosius invoked Christ’s words in Matthew 22:21 which were preceded by a warning to the Emperor. “Intrude not yourself into ecclesiastical affairs…God has put into your hands the [secular] kingdom; to us [bishops] He has entrusted the affairs of His church.”[4]

Because of Constantine’s legalization of Christianity and in spite of the church’s early resistance to government interference, the church began a thousand year period in its history when church and state were intertwined to varying degrees. At the beginning of this period, government attempted to interfere with and bend the church to its will. However by the Middle Ages, it was the church who attempted to bend government to the will of the church. This was a corruption of God’s design for each realm.[5]

Out of the mixing of church and state came abuses such as the Crusades and the Inquisition. In spite of their motives to further His kingdom, the church had violated God’s plan because Christianity is not a religion that can coerce faith for it is a matter of the heart.[6] This intermingling of the spiritual and secular realms corrupted the roles of both church and state. A few men such as John Wycliffe and John Huss in the fourteenth and early fifteenth centuries recognized this corruption and called for changes in the church which was in dire need of fundamental reform. They also recognized that such reform would only occur with the recognition that the Bible was the final arbiter of faith and not the church.[7] These early stirrings of reformation exploded in the early sixteenth century when Martin Luther nailed his ninety five theses to the door of the Wittenberg church. The turmoil within the church produced one of the doctrinal pillars of Protestantism–the priesthood of the believer.

Alvin Schmidt presents an excellent summation of Martin Luther’s understanding of the distinct roles of the two realms in the early sixteenth century.

He [Luther] especially criticized the papacy’s role in secular government, seeing it as violating what he called the concept of the two kingdoms (realms). It was the church’s task solely to preach and teach the gospel of Jesus Christ…the government’s task was to keep peace and order in society by restraining and punishing the unlawful. The secular government can only compel people to behave outwardly; it can never make a person’s heart spiritually righteous. Only the preaching of the Gospel (the spiritual realm) can do that. In the spiritual realm the Christian functions as a disciple of Christ; in the secular realm he functions as citizen. Although the two realms are separate, the faithful Christian is active in both because God is active in both. In the spiritual realm he is active in proclaiming the gospel, whereas in the secular kingdom he is active by means of the law and the sword, or government.[8]

The early colonists and their descendants still had fresh memories of the church-state conflagrations that swept Europe in the century prior to their first arrivals on the eastern shore of America. They well understood the need for separation of church and state, but that separation was a freedom of religion and not a freedom from religion as interpreted and imposed by modern Constitutional revisionists. For the colonists and Founders, separation of church and state was an institutional separation and not an influential separation. Institutional separation meant that government has certain roles and duties in which the church must not interfere (keeping peace and order in society by restraining and punishing the unlawful by means of the sword). Yet, the church has every right and duty to influence government. Likewise, the government does not have the right to interfere with the roles and duties of the church (teaching and preaching the gospel and influencing society).

There are numerous documents that attest to the Founders’ sentiments of the right of the church to influence society. Perhaps one of the best examples of the attitude of the Founders was expressed by Supreme Court Justice Joseph Story (appointed by James Madison, the fourth president and delegate to the Constitutional Convention which speaks volumes about Story’s understanding of the Founders’ meaning and intent with regard to the Constitution and its Amendments). Speaking specifically of the Establishment Clause, Story wrote:

…We are not to attribute this prohibition of a national religious establishment to an indifference to religion in general and especially to Christianity which none could hold in more reverence than the framers of the Constitution…Probably at the time of the adoption of the Constitution and of the Amendments to it, the general, if not universal, sentiment in America was that Christianity ought to receive encouragement from the State…An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation (condemnation), if not universal indignation.[9]

To confirm the continuing existence of this strong religious sanction that still held sway over the nation forty years after the Constitutional Convention, we look to the words of Alexis De Tocqueville’s 1835 Democracy in America, one of the most influential political texts ever written about America.

Americans so completely identify the spirit of Christianity with freedom in their minds that it is almost impossible to get them to conceive the one without the other…

In France I had seen the spirit of religion moving in the opposite direction to that of the spirit of freedom. In America, I found them intimately linked together in joint reign over the same land.[10]

Tocqueville went on to say that the peaceful influence exercised by religion over the nation was due to separation of church and state.[11] Unlike the modernists’ separation of church and state, Tocqueville’s separation was a separation of the spheres of power and not a separation of government from ethics and moral guidance supplied by the moral suasion of Christianity and the church.

The Founders did not prohibit but encouraged the church’s influence upon government, and for one hundred fifty years the church played a vital role in helping the state be the state by continually asking if the state’s actions were justified as a legitimate fulfillment of its role. Since 1947, the courts have sided with the modern Constitutional revisionists who deny the church has a right to influence the state and society in the public square. This denial is the subject to be discussed in Part II.

Larry G. Johnson

Sources:

[1] Michael Kammen, ed., The Origins of the American Constitution – A Documentary History, (New York: Penguin Books, 1986), p. xxix.
[2] The Constitution of the United States of America, (Washington, D. C.: National Archives and Records Administration).
[3] Alvin J. Schmidt, How Christianity Changed the World, (Grand Rapids, Michigan: Zondervan, 2004), pp. 265-266.
[4] Ibid.
[5] Ibid., p. 266.
[6] David Barton, Original Intent – The Courts, the Constitution, & Religion, (Aledo, Texas: Wallbuilder Press, 2008), p. 86.
[7] B. K. Kuiper, The Church in History, (Grand Rapids, Michigan: Wm. B. Eerdmans Publishing Co., 1964), pp. 143-145.
[8] Schmidt, p. 266.
[9] David Barton, The Myth of Separation, (Aledo, Texas: Wallbuilder Press, 1989), p. 32.
[10] Alexis De Tocqueville, Democracy in America, Gerald E. Bevan, Trans., (London, England: Penguin Books, 2003), pp. 343, 345.
[11] Ibid, p. 345.

How we choose to deal with our sin defines our destiny

Bishop Edward J. Slattery, bishop of the Catholic Diocese of Tulsa, recently wrote of the confusion within the Catholic Church regarding its teaching on divorce, cohabitation, and people who experience same-sex attractions (“We are not defined by our sin”). He states that much of this confusion resulted from the Vatican’s October publication of a working paper (Relatio post Disceptationem) of the Extraordinary General Assembly of the Synod of Bishops on the Family whose purpose was to raise awareness of significant pastoral issues concerning divorce, cohabitation, and homosexuality. The document was designed “…to raise questions and indicate perspectives that will have to be matured.” [1] [emphasis added]

One of Bishop Slattery’s concerns is that much of the confusion results from contemporary commentators and even some in the church who use language that tends to diminish the human person through emphasis on their sinful activity. This is a legitimate concern, and as the bishop states, “…activity should never be confused with identity. The human person always remains greater than what he or she does or experiences.” [2] The Bishop is correct in that the importance of man’s identity is confirmed by the inestimable value God places on man. The tremendous value of man to God is undeniable when one considers that the cost of man’s redemption from his sinful state was the sacrifice of God’s own Son on the cross. Therefore, God does not condemn man nor can the church. But man was given freewill, and with freewill man made choices that are in conflict with God’s commandments and plan for mankind and thereby condemned himself. When this happened, it was called sin and broke the relationship between God and man. It is at this point that man often attempts to justify his activity because of his identity, and the modern church is often a co-conspirator in excusing sinful activity.

From a broader perspective, it would appear that much of the confusion in the church world stems from the church’s efforts (both Catholic and Protestant) to be inclusive of people who want to be accepted by the church but also want their sinful lifestyles to be accepted too. To do so they engage in theological contortions to answer questions and give perspective that will bring “maturity” (i.e., acceptance of the sinner and the sin within the church). It is in these efforts that the Bible is ignored even though it is the ultimate source of truth and is exceptionally clear in most cases as to God’s answers and perspective with regard to both sin and the sinner.

An example of this confusion and blurring of lines with regard to sin, the pastoral teaching of the U.S. Conference of Catholic Bishops correctly states that, “God does not love someone any less simply because he or she is homosexual. God’s love is always and everywhere offered to those who are open to receiving it.” [3] However, this truthful teaching is often perverted to mean that love is all that is necessary by those wanting the church to embrace both the sinner and his sin. To do so dismisses the admonitions of Paul to the Romans regarding homosexuality which are clear-cut and still applicable in the twenty-first century. [4] This is but one example of the great caustic of relativism seeping into the church and by which biblical truths are ignored and eroded.

To claim love is all that is necessary is to dismiss the centrality of the cross in the great meta-narrative of the Bible with regard to creation, the fall, and man’s need for redemption. Christ died for the sins of the world to obtain forgiveness for man, and every man has a choice as to whether or not he will accept that forgiveness and follow Christ. To follow Christ is to follow His commandments. But, if love is all that is necessary, then the cross becomes irrelevant, sin is a misnomer, Satan is a myth, and God does not care about how we live our lives.

Bishop Slattery rightly says, “Chastity, after all, pertains not just to our behavior but also to the state of our hearts.” [5] Acceptance of Christ is first a matter of the heart. We can’t clean up our lives before we approach Christ. Every human approaches Christ as a sinner whether he is guilty of adultery, homosexual behavior, fornication, murder, theft, or one of a thousand other sins. I am a sinner saved by grace, the unmerited favor of Christ. I have repented of my sin and have been forgiven. Not only have I repented of past sins, I have turned from my sinful ways. Homosexuals, adulterers, fornicators, and any other label the sinner wears can repent, be saved, and fellowship with God for eternity. However, to do so, they cannot stay in their sin. When the sinner accepts Christ he must put away the sin and often this “putting away” can be a difficult and continuing struggle for the new Christian. But it is the struggle to lay down one’s sin coupled with continued repentance which makes the difference, not a continuing indifference to one’s sin.

In 1937, the Confessing Church in Germany was under severe persecution from Nazi rulers and that portion of the German church aligned with Hitler. Brilliant theologian, pastor, and opponent of the Nazi regime, Dietrich Bonhoeffer wrote a dramatic paper in which he cautioned his fellow pastors in the Confessing Church.

Anyone who turns from his sinful way at the word of proclamation and repents, receives forgiveness. Anyone who perseveres in his sin receives judgment. The church cannot loose the penitent from sin without arresting and binding the impenitent in sin…The promise of grace is not to be squandered; it needs to be protected from the godless. Grace cannot be proclaimed to anyone who does not recognize or distinguish or desire it…The world upon whom grace is thrust as a bargain will grow tired of it, and it will not only trample upon the Holy, but also will tear apart those who force it on them. For its own sake, for the sake of the sinner, and for the sake of the community, the Holy is to be protected from cheap surrender. The Gospel is protected by the preaching of repentance which calls sin sin and declares the sinner guilty…The preaching of grace can only be protected by the preaching of repentance. [6]

Americans are especially averse to pain and suffering, and much of the modern church has that mindset. This is why it is difficult for some in the church to require the often painful “putting away” of sin when it welcomes the sinner into the supposed “big tent” of Christianity under the banner of love. Many in the modern church insist that the problem is not “cheap grace” but “cheap laws.” In other words, love and looking to Christ is all that matters. But grace without repentance is still cheap grace. Writing in his classic work The Cost of Discipleship, Bonhoeffer described this toxin within the church.

Cheap grace is the deadly enemy of our Church…In such a Church the world finds a cheap covering for its sins; no contrition is required, still less any real desire to be delivered from sin…Cheap grace means the justification of sin without the justification of the sinner…Cheap grace is grace without discipleship, grace without the cross, grace without Jesus Christ, living and incarnate. [7]

When we approach the cross with a contrite heart, our destiny is defined by how we respond to Christ’s invitation to be a part of His eternal kingdom. A person who willfully continues in his sin cannot be excused for they “…are [not] open to growing in virtue” and their heart remains unconverted. If the church does not make this distinction clear, it is guilty of misleading people as to their eternal destination.

Larry G. Johnson

[1] Edward J. Slattery, Bishop of Tulsa Diocese, “We are not defined by our sin,” Tulsa World, October 18, 2014, A17;
http://www.tulsaworld.com/opinion/readersforum/bishop-edward-j-slattery-we-are-not-defined-by-our/article_bb6fed60-fa34-581b-951c-5884295d6ffa.html (accessed October 20, 2014).
[2] Ibid.
[3] Gavin Newsom, et.al., Letter to Archbishop Salvatore Cordileone, June 10, 2014.
https://docs.google.com/viewer?url=http://www.sfgate.com/file/829/829-ArchbishopLetter.pdf (accessed June 23, 2014).
[4] Romans 1: 18, 24-27. RSV
[5] Slattery, A17.
[6] Eric Metaxas, Bonhoeffer, (Nashville, Tennessee: Thomas Nelson, 2010), pp. 292-293.
[7] Erwin W. Lutzer, When a Nation Forgets God,” (Chicago, Illinois: Moody Publishers, 2010), pp. 117-118.

The synchronization of the American church?

“This court has no jurisdiction over me, I am a German,” insisted Herman Goring as he stood with other Nazi war criminals in 1946 before an international military tribunal in Nuremburg, Germany. But Robert Jackson, chief counsel for the United States, responded that “…there was a ‘law above the law’ that stood in judgment of all men in all countries and societies.”[1] These contrasting views of the source of laws by which men should be judged continue to be at the heart of the cultural conflict in America—is the ultimate source of law to be God or man? Modern America and the American church face the same dilemma as faced by Germany and the German church of the 1930s.

We have previously quoted Eric Metaxas with regard to the dramatic changes in German life following the democratic election of Adolf Hitler on January 30, 1933. In less than two months the democratically elected Reichstag (parliament) succumbed to pressure from the Nazi political machine and placed the whole power of the government under Hitler’s control. Thus began a series of radical changes to conform all of German life to Nazi rule. Metaxas’ eloquent assessment of events bears repeating.

With the tools of democracy, democracy was murdered and lawlessness made “legal.” Raw power ruled, and its only real goal was to destroy all other powers besides itself…In the First months of Nazi rule, the speed and scope of what the Nazis intended and had begun executing throughout German society were staggering. Under what was called the Gleichschaltung (synchronization), the country would be thoroughly reordered along National Socialist lines. No one dreamed how quickly and dramatically things would change.[2] (emphasis added)

Herman Goring, the second most powerful man in Germany and founder of the Gestapo, called this dramatic reordering of society merely an “administrative change.”[3] “Everything must now be synchronized under the Fuhrer’s leadership and under the idea of Gleichschaltung—and the church must lead the way.”[4] The synchronization of the church began with a series of regulations and laws that effectively wed the church to the state and compromised the very biblical principles upon which their faith rested. These laws and regulations initially dealt with the “Jewish question” and included restrictions on Jews from serving in professions such as the law, medicine, teaching, literature, the arts, theater, and film. Christians of Jewish blood were also prohibited from serving in the ministry.[5]

Casting aside two millennia of Christian orthodoxy, the majority of the German churches willingly allowed themselves to be synchronized with the prevailing German political and social goals instead of the teachings of Jesus Christ. They wanted a strong state-oriented church, a “positive Christianity” that was “very aggressive in attacking those who didn’t agree with them and generally caused much confusion and division in the church.”[6] Eventually, the German church of the 1930s separated into three groups: the large apostate German Christian church, the Confessing church which initially opposed Hitler but became the silent church of appeasement, and a small but faithful remnant that became the uncompromising and suffering church. We see much the same divisions between churches in twenty-first century America, only the dividing factor is now centered on humanism which Dietrich Bonhoeffer called “the most severe enemy” that Christianity ever had.[7]

Bonhoeffer was a leader in in opposition to the Nazis and the German apostate church. Bonhoeffer preached that the purpose of the state was to make possible law and order as opposed to lawlessness and disorder, and it was the church’s role to “continually ask” whether the state’s actions could be justified as legitimate. But Bonhoeffer also recognized that the state could not only fail by in the provision of law and order but could also harm society with the imposition of “excessive law and order.”[8] Metaxas quotes Bonhoeffer’s indictment of the Nazi regime.

And if on the other hand, the state is creating an atmosphere of “excessive law and order,” it’s the job of the church to draw the state’s attention to that too. If the state is creating “excessive law and order,” then “the state develops its power to such an extent that it deprives Christian preaching and Christian faith…of their rights.” Bonhoeffer called this a “grotesque situation.” “The church,” he said, “must reject this encroachment of the order of the state precisely because of its better knowledge of the state and of the limitations of its action. The state which endangers the Christian proclamation negates itself.”[9]

An excess of law and order makes it difficult if not impossible for the church to question the state regarding the legitimacy of its actions. By questioning the state’s excessive laws and order imposed on its citizens, the church may violate the very laws to which it objects. The inability of the church to question the state with regard to its actions is particularly relevant to the twenty-first century American church which finds itself at the same point of decision as faced by the German Church in 1933. Here we return to our initial observation that essence of the modern struggle in America is to determine whether man’s law supersedes God’s law. Put another way, is man’s law above God’s law as implied by Herman Goring and much of the humanistic leadership in American society? Two immediate examples expose the seriousness and immediacy of the challenge to the church.

Annise Parker is the left-leaning and openly gay mayor of Houston, Texas, America’s fourth largest City. In May she imposed the Houston Equal Rights Ordinance which prohibits businesses from discriminating against gay and transgender residents. The ordinance became known as the “bathroom bill” because one of the provisions allows transgender individuals to use either a male or female public restroom facility. Opposition to the ordinance began growing during the summer as pastors and various religious leaders gathered signatures for a referendum to be placed on the November ballot which would repeal the ordinance if passed. To prevent the referendum, the city attorney subsequently rejected thousands of signatures he believed did not qualify.[10]

Under the guidance of the mayor and city attorney, both still smarting from the significant efforts of the religious community to repeal the human rights ordinance, five pastors were subpoenaed and ordered to turn over to their sermons, text messages, photographs, electronic files, calendars, and emails and virtually all communication with members of their congregations on topics such as homosexuality and gender identity. The pastors face fines and possible incarceration if they fail to do so. The obvious goal of the mayor and city attorney is intimidation. However, one pastor responded, “We’re not intimidated at all. We’re not going to yield our First Amendment rights—even if it ends in fines, confinement, or both.”[11] With opposition growing to the mayor’s effort to silence the church, Houston City Attorney Feldman remained unfazed and warned the pastors that, “The fact that you happen to be a pastor and you happen to be at a church doesn’t provide you with protection.”[12] But Texas Attorney General Greg Abbott had a different interpretation for Feldman contained in an official letter to the city, “Whether you intend it to be so or not, your action is a direct assault on the religious liberty guaranteed by the First Amendment. The people of Houston and their religious leaders must be absolutely secure in the knowledge that their religious affairs are beyond the reach of the government. Nothing short of an immediate reversal by your office will provide that security.”[13] [emphasis added]

Coeur d’Alene, Idaho, is a lot smaller (about 46,000) and a long way from America’s fourth largest city. But for the liberals and other advocates of the homosexual agenda, no place is too small to be overlooked when rooting out any perceived violation of human rights. Ministers Don and Evelyn Knapp who have been marrying couples for twenty-five years at their Hitching Post Wedding Chapel recently discovered this when the city told them that they would go straight to jail if they refused to “marry” same-sex couples (180 days in jail and fines up to $1,000 per day for every day the ministers refuse to perform the ceremony). Unlike the Colorado cake baker’s business, the Knapp’s chapel is a religious corporation. But this makes little difference to the Lesbian-Gay-Bisexual-Transgender mafia as they trample religious freedom guaranteed by the First Amendment under the guise of achieving their perverted definition of human rights.[14]

Albert Einstein was exiled from Germany because he was a Jew. Although he did not believe in a personal God, he was not an atheist. He described himself as somewhere between an agnostic and belief in a pantheistic god in which nature is the totality of everything and is identical with divinity. Yet, even though he was not a believer in Christianity, the suffering church had a profound impact on his life.

Being a lover of freedom, when the (Nazi) revolution came I looked to the universities to defend it…the universities took refuge in silence. Then I looked to the great editors of the newspapers…but they, like the universities, were silenced in a few weeks. I then addressed myself to the authors…They are, in turn, very dumb. Only the church stood squarely across the path of Hitler’s campaign for suppressing the truth. I never had any special interest in the Church before, but now I feel a great affection and admiration for it because the Church alone has had the courage and persistence to stand for intellectual truth and moral freedom. I am forced to confess that what I once despised I now praise unreservedly.[15]

As it was for the German church in 1933, it is decision time for the American church of today. We must ask ourselves: At what point do we have to become lawbreakers rather than betray our faith? The Houston pastors have given their answer.

Larry G. Johnson

Sources:

[1] Erwin W. Lutzer, When a Nation Forgets God, (Chicago, Illinois: Moody Publishers, 2010), pp. 60-61.
[2] Eric Metaxas, Bonhoeffer, (Nashville, Tennessee: Thomas Nelson, 2010), pp. 149-150.
[3] Ibid., p. 157.
[4] Ibid., p 176.
[5] Ibid., pp. 150-151, 156-157, 160.
[6] Ibid., p. 151.
[7] Ibid., p. 85.
[8] Ibid., pp. 153-154.
[9] Ibid., p. 153.
[10] Josh Sanburn, “Houston Pastors Outraged After City Subpoenas Sermons Over Transgender Bill,” Time, October 17, 2014.
http://time.com/3514166/houston-pastors-sermons-subpoenaed/ (accessed October 21, 2014).
[11] Tony Perkins, “Houstunned: Pastors Vow to Fight Mayor’s Sermon Grab,” Tony Perkins’ Washington Update, October 15, 2014. http://www.frc.org/washingtonupdate/houstunned-pastors-vow-to-fight-mayors-sermon-grab (accessed October 21, 2014).
[12] Tony Perkins, “A Subpoena for Your Thoughts…”, Tony Perkins Washington Update, October 17, 2014. http://www.frc.org/washingtonupdate/a-subpoena-for-your-thoughts (accessed October 21, 2014).
[13] Tony Perkins, “Pulpit Friction: Texas Leaders Rally to Pastors’ Defense,” Tony Perkins’ Washington Update, October 16, 2014. http://www.frcblog.com/2014/10/pulpit-friction-tx-leaders-rally-pastors-defense/ (accessed October 21, 2014).
[14] Tony Perkins, “Natural Marriage in Idaho: Give it Arrest,” Tony Perkins’ Washington Update, October 20, 2014.
http://www.frc.org/washingtonupdate/natural-marriage-in-idaho-give-it-arrest (accessed October 21, 2014).
[15] Lutzer, p. 89-90.