Monthly Archives: May 2019

Discipleship, Divorce, Lost culture, marriage, Marriage Restoration, morality, Prayer, Spiritual Warfare

Remain Chaste or Be Reconciled: Two Co-Equal “Options” Per The Apostle?

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by Standerinfamilycourt

“And I will put enmity
Between you and the woman,
And between your seed and her seed;
He shall bruise you on the head,
And you shall bruise him on the heel.”

To the woman He said,
“I will greatly multiply
Your pain in childbirth,
In pain you will bring forth children;
Yet your desire will be for your husband,
And he will rule over you.”
– Genesis 3:15-16

But to the married I give instructions, not I, but the Lord, that the wife should not leave her husband (but if she does leave, she must remain unmarried, or else be reconciled to her husband), and that the husband should not divorce his wife.
– 1 Corinthians 7:10-11

Jack and Jill were joined in inseverable holy matrimony many years ago.   Upon valid, witnessed vows, God’s hand created a one-flesh new entity, with which He then unconditionally covenanted as the superior party.   Jack and Jill had no children in the brief time before their estrangement, and after a time, Jill began to feel emotionally-abused by Jack.    Jill reasoned that this was because she must have married Jack “outside God’s will” and satan, more than happy to oblige, whispered to her: “if you stay, this is going to turn physical”.
(The Evil One’s very name, it should be noted, literally means “accuser of men”.)    She availed herself of man’s unilateral no-fault divorce laws, after the fashion of the majority of women in our culture.    Not long thereafter, she “married” Jim, thinking she could now have a Christ-centered marriage.    The hireling pastor involved was no obstacle to the second wedding.   Domestically, Jim was better able to manage Jill’s emotions than Jack, and children were born into this adulterous union.   Several more years passed.

One day Jill encountered serious covenant marriage standers online who pointed out the mountain of truth in God’s word that “remarriage” to another while her original husband lives is adultery, not just on the wedding night, but every night thereafter.   At first, Jill quite naturally resisted, but nevertheless she took some time to study the word of God for herself with an open heart to obey, to do whatever was necessary to follow Christ completely, and eventually the Holy Spirit persuades her to get out of this adulterous-but-happy second marriage.  She was able to eventually persuade Jim, which enabled a mutual consent petition and voluntary shared parenting arrangements.

Meanwhile, Jack has come to a very different place spiritually than when his bride was last willing to live with him.    He, too, has been absorbing God’s word, is relieved that Jill is no longer living in papered-over adultery, and it appears he hopes for reconciliation.      He is gentle in his efforts to woo Jill back, and hopefully, much is happening in prayer that the rest of us don’t see except in his manner.     If Jack became entangled during the years of estrangement, he too has become disentangled.  We don’t really know yet, and only God knows, whether Jack is ready spiritually to resume and sustain their union, non-covenant children in tow, under the same roof, but his heart appears open to growing his own discipleship.   He has publicly apologized to Jill and expressed regret for the emotional pain he caused her in their marriage.    All of this puts Jack and Jill light years ahead of most estranged Christian couples on the path to the kingdom of God, and is truly a cause for rejoicing even though reconciliation doesn’t appear to be on the horizon.

Enter the blind guide:  Joe means well, but like all of us shepherdless sheep, is no less vulnerable to being controlled by emotions and scars.   Joe runs a local “house church” and a very large standers’ ministry.   Joe has been legally estranged from his covenant wife for a couple of decades, and would probably prefer not to be reconciled, for a variety of reasons.    He frankly wouldn’t have time for her if she did get out of her adulterous “remarriage”, and he routinely refers to her as his “ex”, neither cringing  nor voicing objections when countless other professing “Christians” do the same.   Brother Joe has undergone the further pain of being emotionally alienated by the actions of his wayward wife from his (now-grown) children and sadly hasn’t seen any of them, much less his grandchildren, in many years.    Joe now leads a vibrant “single” life which includes freedom, travel, financial autonomy, mission trips and several ministries.   He reasons that this is in keeping with much of the rest of what the Apostle Paul advocated in the 7th chapter of his first letter to the Corinthians about kingdom of God fruitfulness from forsaking marriage altogether, if one is “not bound” to a wife.     He considers himself “single” rather than part of an unsevered one-flesh entity.    Joe devoted a recorded group teaching delivered to the rest of the large stander community about this issue, saying that verse 11,  gives estranged covenant spouses two “options”.   Says Joe, they are not required by scripture to reconcile.    It says right there in that verse, they can “remain unmarried”  – or -they can reconcile.

Is Joe right?   Or is he really just a Christ-robed “MGTOW*” ?
(*rightly-disgruntled “men going their own way”)

We’ll get the technical part of this discussion over with early, so that we can return to a robust discussion of submitted discipleship as a true follower of Christ.   One more thing needs to be said first:  every disciple needs a certain amount of judgment-free space to “work out their own salvation with fear and trembling” once they do have the accurate scriptural facts–and unless there’s some strong indication that the brother or sister is acting in willful hypocrisy while knowing and rejecting the truth, they are entitled to the presumption of good faith in pursuit of God’s will and His truth.    Jill and Joe have much in common in many ways, and one of those ways is they are both in this particular good-faith “boat”.     Satan’s “no-fault” attack on marriage, and its horrible consequences in the church  has been a “doozie” from which it’s not been easy to recover, most of us would agree.

It should by now be no surprise to regular followers of “7 Times Around the Jericho Wall” blog to hear “standerinfamilycourt” remind that the answer to rightly dividing scriptures like 1 Corinthians 7:11 boils down to not taking any shortcuts in applying the 5 basic principles of sound hermeneutics:  Content, Context, Culture, Comparison, and Consultation.    We have gone into great depth in previous blogs about applying the study technique, so this post will be a “cliff notes” revisit.   Despite anyone’s praying, fasting and seeking the Lord for their personal answer, after which they will “feel lead to…”,  SIFC is going to posit that someone who takes 1 Corinthians 7:11 as “two co-equal options” (remain chaste, be reconciled) has stopped superficially at Content, and didn’t really dig very deeply into that one.


(scripture4all.org  Greek Interlinear Text Tool.  Please click to enlarge.)

A couple of quick point-outs about the content of this scripture:

(1) it speaks of involuntary estrangement (choresthetai – literally, to “put distance between”, as the literal furrows in a plowed field), and is not a recognition of any validity for legal “dissolution” of the marriage.   Neither does it validate the reciprocation of that estrangement, which would be incompatible with Christ’s concept of one-flesh (sarx mia), and would excuse both spouses from their 1 Cor. 11:3 roles in the kingdom of God, with which the involuntary estrangement is interfering.    Most importantly, it prescribes a disciple’s gracious response to a circumstance that remains beyond their control.

(2) we must not overlook the importance of Paul beginning this instruction with utter clarity about Whose instruction (commandment) this is: “But to the married I give instructions, not I, but the Lord, that the wife not leave her husband“.   (Some translations insert “should” here, but neither the text nor the parsing gives them any support for implying such permissiveness.)

(3) Nowhere in all of 1 Corinthians 7 does Paul ever address “divorced” people, or ever recognize man’s divorce as having any validity whatsoever.   He speaks of illicit legal proceedings in 1 Corinthian 6, but ceases to speak of it there.    Elsewhere, Paul tells us in no uncertain terms that God’s “divorce” is always spelled “D-E-A-T-H”.    If that were not so, Paul would be speaking out of both sides of his mouth.

(With points 2 and 3 above, we have segued into the Context principle, which SIFC could take much further, but instead refers our readers to prior blogs.)   We simply say that the advocates of co-equal “options” in 1 Corinthians 7 really can’t go here, and don’t dare go here without corrupting or conflating who Paul was addressing in each section of this epistle.    When he speaks of the “unmarried” “being free of concern for a spouse” hindering them from the kingdom of God, he is not speaking of “dedetai”  but of “dedoulotai”.
Scripture consistency demands the understanding that the estranged covenant spouse is nevertheless “married”, in Paul’s parlance (and Christ’s).

We must remember that Paul got his instructions for marriage from spending three years of direct time with the resurrected Jesus, as he tell us in Galatians 1:

“But when God, who had set me apart even from my mother’s womb and called me through His grace, was pleased to reveal His Son in me so that I might preach Him among the Gentiles, I did not immediately consult with flesh and blood, nor did I go up to Jerusalem to those who were apostles before me; but I went away to Arabia, and returned once more to Damascus.  Then three years later I went up to Jerusalem to become acquainted with Cephas (Peter)…”

When Paul says, “not I but the Lord”, this is a much stronger statement than if he’d merely been taught by the rest of the Apostles after his conversion, both by the amount of instruction time involved (equal to time spent by Christ with His disciples) and by the force with which he says it.    Any woman who leaves her husband permanently is in sin.   If she leaves him even temporarily for any reason short of physical safety, she is in sin.  She is actually rebelling against God’s sentence in Genesis 3:16, and its NT echo in 1 Corinthians 11:3.   This is as true of Jill as it is of Joe’s wife.    It is true even after she gets out of a faux “marriage” that, for however many years, has been masquerading as her true marriage.   Will this particular state of sin keep her out of heaven, or just reduce her rewards?  SIFC humbly submits that this depends on her heart being of the same hardness as the “unmerciful servant” of Matthew 18:23-35, and would strongly recommend gambling on the eternally safe side of that gamble (more about that below).

But who else is in sin?   Early church father Hermes tells us in a writing called “The Shepherd of Hermas”, of which there is documentary evidence that the Apostle’s disciples attributed the weight of scripture (in other words, conviction of Holy Spirit inspiration):

Mandate 4
1[29]:1 “I charge thee, “saith he, “to keep purity, and let not a thought enter into thy heart concerning another’s wife, or concerning fornication, or concerning any such like evil deeds; for in so doing thou commitest a great sin. But remember thine own wife always, and thou shalt never go wrong.
1[29]:2 For should this desire enter into thine heart, thou wilt go wrong, and should any other as evil as this, thou commitest sin. For this desire in a servant of God is a great sin; and if any man doeth this evil deed, he worketh out death for himself.
1[29]:3 Look to it therefore. Abstain from this desire; for, where holiness dwelleth, there lawlessness ought not to enter into the heart of a righteous man.”
1[29]:4 I say to him, “Sir, permit me to ask thee a few more questions” “Say on,” saith he. “Sir,” say I, “if a man who has a wife that is faithful in the Lord detect her in adultery, doth the husband sin in living with her?”
1[29]:5 “So long as he is ignorant,” saith he, “he sinneth not; but if the husband know of her sin, and the wife repent not, but continue in her fornication, and her husband live with her, he makes himself responsible for her sin and an accomplice in her adultery.”
1[29]:6 “What then, Sir,” say I, “shall the husband do, if the wife continue in this case?” “Let him divorce(*) her,” saith he, “and let the husband abide alone: but if after divorcing (*) his wife he shall marry another, he likewise committeth adultery.”
1[29]:7 “If then, Sir,” say I, “after the wife is divorced (*), she repent and desire to return to her own husband, shall she not be received?”
1[29]:8 “Certainly,” saith he, “if the husband receiveth her not, he sinneth and bringeth great sin upon himself; nay, one who hath sinned and repented must be received, yet not often; for there is but one repentance for the servants of God. For the sake of her repentance therefore the husband ought not to marry. This is the manner of acting enjoined on husband and wife.
1[29]:9 Not only,” saith he, “is it adultery, if a man pollute his flesh, but whosoever doeth things like unto the heathen committeth adultery. If therefore in such deeds as these likewise a man continue and repent not, keep away from him, and live not with him. Otherwise, thou also art a partaker of his sin.
1[29]:10 For this cause ye were enjoined to remain single, whether husband or wife; for in such cases repentance is possible.

[   SIFC:  (*) This translation of The Shepherd uses the words “put away” (or, send away) instead of “divorce”, and here is the original Greek text –

where the word “apoluo” was used (literally meaning: “from-loose”) which most of the early church fathers considered a separation only from “bed and board”- not necessarily a legal dissolution, though Hermes’ writing indeed indicates that Roman law, similar to today’s “condonation” provisions in some U.S. states, may have immorally required this in order to legally exonerate the husband from presumptions of “complicity”.]    This distinction is important because it helps establish that the disciples’ disciples such as Hermes only recognized legal divorce as a man-made contrivance, and (like Jesus) didn’t really hold that it dissolved the actual union.   

 Note, however, that Hermes specifically charged one-flesh spouses with the duty of care over each other’s souls, and so portrays the Holy Spirit as commanding reconciliation consistent with no-excuses indissolubility, so far as it depends upon us.      This would be consistent with the sharp warning Jesus gave in Matthew 18:23-35, also with 2 Corinthians 5:18 and Romans 12:17-19, as well as with 1 Corinthians 7:2-3.    Some who can’t presently bring themselves to obey in this area will try to call this idea that reconciliation is mandatory, “legalism”.   “standerinfamilycourt” appreciates Leonard Ravenhill’s take on legalism, and would suggest taking great care before obedience to an apparent heaven-or-hell commandment is dismissed by a Christ-follower as “legalism”, even though many contemporary “Christians” do so almost reflexively.

“standerinfamilycourt”  personally admits accepting this commandment reluctantly, since a returned spouse in this instance means one who is likely to come back to a financially and emotionally stable household with shattered health and finances, not to even mention a mountain of debt trailing behind as one more evidence of God’s merciful attempt to change their “free will”.    (The Prodigal Son came back home with the stench of hog manure on him and still was draped with his father’s best robe before finding a bathtub.)  Cherished activities and ministries may have to be given up with little or no notice to others.   Oh that Paul had left us with two equally moral options, of which we could “opt” to fulfill the easier of the two!  But a repenting spouse who dies in his or her sins because we refused to lay down our lives the way Jesus did, is infinitely and eternally worse for us, as the prodigal’s “other half”.    Let such a thing as allowing a prodigal to die in their sin be God’s decision, never SIFC’s!

With this last bit of discussion, we’ve just applied three more principles of sound hermeneutics to 1 Corinthians 7:11 – remain chaste or be reconciled:  Culture, Comparison and Consultation.

As readers might imagine, there is a real Jill and a real Jack in the online marriage permanence community.   One of them appears to be earnestly seeking to reconcile and the other has been making some powerful YouTube videos that have raised some of these questions about reconciliation.    The reconciliation-seeker goes so far as to comment about their intentions on their one-flesh’s YouTube posts, apologizing for what happened.   May God protect this pair from satan’s interference until His full will is done.    Both spouses may be “newbies” when it comes to all the implications of the indissolubility of holy matrimony.   At least one of the spouses makes clear that they need additional time and space to process all that repentance entails, and SIFC would agree they deserve it, so long as their true heart is to obey.    The reluctant spouse is also considering the feelings of the children born into the noncovenant “marriage”, perhaps very wisely, though obedience to Christ usually resolves such matters in due time.   Certainly it is prudent for the reluctant spouse to not act in a way that would mislead the children to believe that getting out of the noncovenant union with their other parent was being done for reasons the world (and worldly church) would regard as “adulterous”.      That spouse has asserted the voice of the Holy Spirit in “not being told to reconcile”.    It is not wrong to aspire to be Spirit-led, but we should remember that the person of the Holy Spirit never leads in contradiction to scripture, even where scripture’s application has been obscured by contemporary culture.    (To round out the discussion, SIFC also notes the previous posts addressing some Anabaptist sects who (for other reasons) falsely teach that reconciliation with the spouse of our youth after repenting of an adulterous noncovenant “marriage” is actually “sinful”.)

In Dr. Eggerson’s classic Christian book,  “Love and Respect”, he echoes the marriage instructions of Peter and Paul  in commanding the husband to love his wife, but commanding the wife to respect her husband.    A husband who effectively “writes off” the soul of his prodigal wife (and sometimes their children) after “remarriage”, by treating the instructions to remain chaste or be reconciled as “either / or” options at his own choosing,  does not love her the way Hosea loved Gomer, nor the way Paul describes in Ephesians 5.     As a result, he is directly contributing to her disrespect and continued prodigal state, and probably her perception of him as a “hypocrite”, since he’s wearing Christ as a large badge, but not modeling Christ toward her very well.    The wife who refuses a repenting husband his God-assigned role of her “head”, does not respect him, and by extension, does not respect Christ in him or over him.   In time, her one-flesh husband will revert to a lack of sacrificial love.

About the gamble, mentioned above, between “loss of rewards” and loss of eternal soul.    Will street ministry, group teaching calls, YouTube videos on marriage permanence make up for letting our one-flesh spouse’s soul go uncared for as a result of exercising this “option”?

 According to the grace of God which was given to me, like a wise master builder I laid a foundation, and another is building on it. But each man must be careful how he builds on it.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.
– 1 Corinthians 3:10-16

We can’t take our ministry materials through this fire and expect them to survive, obviously.    We can only take the souls we influenced correctly by those materials through the fire.    SIFC would suggest that if we guess wrong here, by virtue of having produced those materials, there won’t be any souls to present.   If Christ’s warnings elsewhere concerning heaven-or-hell issues, like authentic forgiveness, and discipleship through imitating Him by laying down our lives are true without exceptions, there won’t even be a pass at that fire that tests our works.

Not everyone who says to Me, ‘Lord, Lord,’ will enter the kingdom of heaven, but he who does the will of My Father who is in heaven will enter.  Many will say to Me on that day, ‘Lord, Lord, did we not prophesy in Your name, and in Your name cast out demons, and in Your name perform many miracles?’  And then I will declare to them, ‘I never knew you; depart from Me, you who practice lawlessness.’

For these strong reasons, it is wrong, selfish and rebellious against the kingdom of God to treat 1 Corinthians 7:11 as presenting two equally-acceptable “stand-alone” options, rather than as dependent commandments (“A”, if not “B”).   It should be clear from all of Paul’s other instructions that he wrote this instruction with a preference for “both / and” (not “either / or”).    After all, reversing the logic and supposing that Jill had left Jack for the “abuse” of having come to Christ, and Jack had remarried, would simply reconciling with Jill absolve Jack from the need to confess his adulterous, noncovenant union as sin and forsake it forever?    Of course not!

Wherefore I urge you to reaffirm your love for him. For to this end also I wrote, so that I might put you to the test, whether you are obedient in all things. But one whom you forgive anything, I forgive also; for indeed what I have forgiven, if I have forgiven anything, I did it for your sakes in the presence of Christ, so that no advantage would be taken of us by Satan, for we are not ignorant of his schemes.
– 2 Corinthians 2:8-11

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

 

Divorce, Equal Protection, family law, Fundamental Rights, Lost culture, morality, Religious freedom, Spiritual Warfare

The Other Side of the “No-Fault” Appeals Coin: Activist Family Court Judge in Mississippi (2017) Shot Down

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by Standerinfamilycourt

You shall do no injustice in judgment; you shall not be partial to the poor nor defer to the great, but you are to judge your neighbor fairly.
– Leviticus 19:15

Earlier this year,  “standerinfamilycourt” shared a detailed analysis which showed that the State of Mississippi was the only state in the nation that substantially respected the 1st and14th Amendment fundamental rights of Respondents ( religious free exercise and conscience, parental and property rights, equal protection and substantive due process rights )  as well as the separation of powers between the legislative and judicial branches of state government.

Little did we know at that time that a case had been filed in 2017 with amici by domestic violence activists asking the state Supreme Court to affirm a family court ruling that Mississippi’s mutual consent-restricted statutory “no-fault” grounds for divorce (Code Section 93-5-1) was “unconstitutional”.      Though the outcome of this case (which, according to news reports, and the resulting opinion, was not a case alleging any sort of abuse).    The record shows that the wife who backed out of a mutual consent petition before it was finalized was serially adulterous, including in prior marriages.   This case, triggered by, Judge Jennifer Schloegel, an activist “family court” judge from Harrison County, and appealed by the innocent, rejected husband,  was ultimately unsuccessful in its claim of “unconstitutionality”.

Per the Clarion (October, 2017):

“The Harrison County case does not include allegations of domestic violence, but anti-domestic violence advocates and others have said Mississippi’s antiquated divorce laws make it difficult for an abused spouse to escape a marriage and help prolong dangerous family situations.”  (Translation:  this is as good a vehicle as we’re going to get for our ideological straw-man, so we’d better run with it.)

Under the Mississippi court system, such appeals go directly to the state Supreme Court.

Little did we know as well, that by the time our February, 2019 piece was posted, the Mississippi state legislature was heading for adjournment in March of their annual legislative session, while the only divorce “reform” bill that had been on the agenda was defeated in committee in early February.   Rather than seek repeal of the mutual consent provision of the statutory “no-fault” grounds, SB 2529 sought to add non-cohabitation grounds that even the abandoner could trigger after a period of time.    This Senate defeat constitutes two pieces of good news in one development.      The legislative measure would hardly have been a “reform”, and would have added a decidedly unconstitutional provision to the statute, one that had no available due process defense, beyond perhaps a token right to produce evidence that the charge of non-cohabitation was false in some regard.

Certainly, as borne out in this very case, there would be many more innocent Respondents upon whom this non-cohabitation was imposed against their will than abusive Respondents from whom a battered spouse was fleeing.    It would have been a decidedly anti-family measure, and redundant of the existing provisions for a battered spouse to bring objective evidence of abuse under fault-based grounds, or pursue a criminal remedy that didn’t seek to “dissolve” the marriage.  No abandoner of a marriage should ever be preemptively and automatically rewarded for the abandoning act.   Fault-based abandonment remedies, where they exist, should be exclusively available to the abandoned party.   We are grateful that the 2019 legislature did the right thing by the state’s families, after the high court also did.

Several studies of the causes of divorce have discredited the “abuse” and domestic violence lore, consistently showing that adultery or the desire to adulterously remarry is by far the most common driver, and placing abusive marriages far down the list.    Yet the unjust expectation of the media and Leftist activists is that this one assumed cause should control family law policy as if it were dominant.  Some ascribe “emotional abuse” to all the other traditional “legitimate” grounds, in order to justify this.


(Please click to enlarge)

This case also showcases the biased obnoxiousness of the liberal press around this “issue”, as media outlets from Thailand to Seattle, Detroit, Memphis (and back), including the Associated Press,  all parroted verbatim the original  Clarion article, which crowed its approval of the rogue, overreaching family court ruling , but went dead silent about both the Supreme Court outcome and abortive result of the ensuing legislative effort they had so confidently hyped.  Why?   It doesn’t exactly fit the “abuse” narrative when it turns out the truly “abused” person is actually the cuckolded Respondent, does it?

But just how obnoxious was the media over this case when it broke?  Here’s a 2017 sample:

“Lawmakers are expected again to debate divorce law reform and other measures to reduce domestic violence and related issues.

“Last year after much debate, lawmakers passed a measure that allows judges to grant a divorce for “spousal domestic abuse” based on testimony of the victim spouse.

“But Mississippi and South Dakota remain the only two states without a unilateral no-fault divorce ground. An investigative report by The Clarion-Ledger last year showed how Mississippi divorce laws, little changed over 100 years, trap spouses and children in abusive situations and financial limbo. One spouse who does not want a divorce or wants it only on his or her terms can hold up finalizing one for years — in some cases a decade or more.

“State Sen. Sally Doty, R-Brookhaven, the Mississippi Coalition Against Domestic Violence and others are vowing to continue to push this year for divorce law and other reforms to combat domestic violence.”

(  SIFC:  Anybody care to hazard a guess who the unnamed “others” are who vowed to fight on for divorce law “reform” in this news story?)

This case would have been even more satisfying to read if it had been the case of a God-fearing husband and father forgiving his “wife” (she had been previously divorced and this was an adulterous remarriage in itself, by biblical standards).    But true to the way of the culture, it was a case of retaliatory adultery also within the marriage, with no clear evidence of who started it or who retaliated. The Gertzes were in the process of finalizing a mutual petition under the existing (supposedly “unconstitutional”) law when she decided to withdraw her consent to the terms of the previously-agreed property settlement and child custody arrangements, leading both to charge each other with adultery.   The media clucked about how the case had “unconscionably dragged on” as if the husband had been responsible for that.

The actual facts per the high court:

“In January of 2015, Michael informed Joesie that reconciliation was impossible and that he wanted her to sign and finalize the divorce papers.  Joesie, upon the advice of her attorney, surreptitiousy told Michael that she also was ready to complete the irreconcilable differences divorce.  Based on the advice of her counsel, Joesie waited until her summer [2015] visitation had begun pursuant to the [2013 property settlement agreement] until her son was physically in Mississippi before withdrawing her consent to an irreconcilable differences divorce…”

It gets crazier from there, with the account of Judge Schloegel’s arbitrary actions, with which neither the husband nor the wife agreed:

“After a temporary hearing on July 13, 2015, the chancellor granted physical custody to Joesie. The trial began in December 2015 and concluded May 2016. Six months later, in November 2016, the chancellor entered a final judgment and decreed that a divorce should be granted, but that neither party was entitled to a fault-based divorce. She found that Joesie had failed to establish adultery. She found that Michael had proved adultery because Joesie had admitted it, but that Michael had condoned Joesie’s adulterous conduct. Then the chancellor sua sponte declared the statutory scheme under Mississippi Code Section 93-5-2 (Rev. 2013) unconstitutional and granted an irreconcilable-differences divorce. Joesie was granted custody of their child…. After the chancellor’s November 15, 2016, final judgment was entered,
Michael and Joesie, along with the State of Mississippi,

(  SIFC:  Well, yeah, the state AG is supposed to be given advance notice – 30 days in most states – when a constitutional challenge is being brought against an enacted statute – why would a family court judge not also be held to this same standard which common citizens and their attorneys are required to observe?)

…asked the chancellor to reconsider her judgment, because no party had asked for, pleaded, argued, or offered proof on the unconstitutionality of the statute….The State appealed the chancellor’s sua sponte adjudication of Section 93-5-2 as unconstitutional. Michael also appealed, arguing that the trial court erred by (1) declaring Section 93-5-2 unconstitutional, (2) failing to award Michael a divorce on the ground of
adultery, (3) reducing Michael’s summer visitation, (4) awarding Joesie a portion of Michael’s retirement benefits, and (5) awarding custody to Joesie. We affirm the chancellor’s finding regarding custody and child support, but we reverse the remaining judgment and remand the case for proceedings consistent with this opinion.”

It would have been nice to wave this ruling under the nose of the Texas Family Law Foundation’s chief lobbying Stephen Bresnan when he got away with making the opportunistic claim before the Texas Juvenile Justice and Family Issues Committee last week, that “no court in any U.S. state had ever declared [unilateral] ‘no-fault’ divorce unconstitutional” (even though most honest constitutional attorneys say that it certainly is on numerous counts – the real issue is fair access to the appeals courts and applying the correct standard of review due to political fallout for elected judges.)   It would have been nice to follow up with a witness who said, “maybe not, in 2018, the Mississippi Supreme Court ruled that state’s mutual consent-only ‘no-fault’ grounds, which has stood since 1972, to be constitutional.   They can’t both be constitutional.”

But, alas, this was only a technical ruling, and can’t really be considered a ruling on merits due to the lack of substantive arguments or evidence either way.    The ruling was only that the Mississippi statute was not proven to be unconstitutional, by the trial judge or anyone else who was party to the case.

So what was the Judge Schloegel’s basis for determining on her own that mutual consent-restricted “no-fault” grounds was unconstitutional?    Only her own subjective opinion, apparently:
“the chancellor sua sponte declared that “the present Mississippi statutory fault-based divorce scheme . . . unconstitutionally restricts and, in some cases, denies [a host of] fundamental rights and freedoms. . . . although “the parties did not execute a formal consent for the
Court to adjudicate contested matters on this basis . . . , [t]he parties are constitutionally entitled to a divorce without the mutual consent of the other.”    

Au contraire, said the Mississippi Supreme Court.

This appeal was also important due to the high court remanding the case back and requiring the trial judge to consider marital fault (attributed by the high court to the wife who failed to prove her husband committed either adultery or cruelty and inhuman treatment), also failed to prove–in light of her repeated lying and deception about her own adultery, that  her husband had condoned her illicit relationship while he attempted reconciliation, and had admitted her own adultery, she was not entitled to all of the alimony the trial judge attempted to award her.   The high court also determined that Judge Schloegel could not arbitrarily set aside the couple’s previous mutual custody agreement in order to reduce the husband’s time with their son for no just cause.

Perhaps it’s not so much that the mutual consent statute is actually “unconstitutional” but more accurately, the feminist judge (chancellor) had a problem ideologically with assigning legal fault to an adulteress, somebody merely exercising their sexual autonomy when she would have been perfectly free to do so with minimal legal and financial consequences in several other surrounding states.   If a surrounding state legalized (or, in fact, incentivized) murder or infanticide, does it really follow that this would automatically make Mississippi’s law penalizing those acts “unconstitutional” because its law…”restricts and, in some cases, denies [a host of] fundamental rights and freedoms” ?   That’s not really too far-fetched a question these days, given recent successful infanticide legislation.

As for the bid by the domestic violence activists to hitch their opportunistic wagon to this case, the high court tossed their amicus brief to the side, saying:  “The amicus called for affirming the chancellor, because the statute deprived domestic-abuse victims of constitutional rights. However, no domestic violence was pleaded or proved in this matter.”     Given the ideological outrageousness of Schloegel’s ruling, who knows but that connections might run a bit deeper with this MCADV organization than meets the eye?   SIFC struggles a bit with the feminist fantasy of a “constitutional right” not to have to prove allegations with evidence just because one is an alleged domestic violence victim, but after both the Brett Kavanaugh and Roy Moore episodes (“believe the woman”) this virulent, unconstitutional ideology had obviously taken hold in a lot of places.

Lastly, it’s not hard to see this case as the flip-side of the debate that has been going on in Texas about emulating Mississippi’s law, which appears to have operated fairly well in this particular case in levelling the playing field between an offending wife and a her offended husband.    It’s refreshing to see a veteran get fair treatment for once, and for the militant feminists to lose for change.

Because the sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil. Though a sinner does evil a hundred times, and his days are prolonged, yet I surely know that it will be well with those who fear God, who fear before Him. But it will not be well with the wicked; nor will he prolong his days, which are as a shadow, because he does not fear before God.
– Ecclesiastes 8:11-13

www.standerinfamilycourt.com

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

 

 

 

Church Discipline, Discipleship, Lost culture, morality, Religious freedom, Spiritual Warfare

Miami Megachurch Had Covenant Wife Literally Arrested for “Standing”

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by Standerinfamilycourt

“Blessed are you when people insult you and persecute you, and falsely say all kinds of evil against you because of Me. Rejoice and be glad, for your reward in heaven is great; for in the same way they persecuted the prophets who were before you.” – Matt. 5:11-12

The covenant marriage “stander” community has its leaders who organize weekly conference calls where testimonies and other encouragements are offered to those who are believing God to pull their prodigal spouse out of an adulterous state-sanctioned (perhaps, even church-“sanctified”) but God-forbidden “remarriage”, thereby restoring justified, regenerated souls to the kingdom of God once the sin is confessed as sin, and renounced by the penitent prodigal spouse.   This, of course, is the only “biblical grounds for (man’s) divorce” that has ever existed, from the beginning.    In all such cases, the biblical ground is based on the fact that God has never created a one-flesh (Greek: sarx mia) entity due to the undissolved prior covenant and unlawful nature of the union.    This is why Jesus consistently and repeatedly calls such legalized unions where there is a living, estranged true spouse adultery — not so much for moral reasons, but actually for metaphysical reasons, and because a holy God cannot and will not ever covenant with sin.  The word of God is crystal clear that only physical death, not man’s paper, dissolves original God-joined holy matrimony unions between a widowed or never-married man and a widowed or never-married woman.

These online groups are so vital to this marriage permanence community because standers, and those who do exit their papered-over adulterous “marriages” in Spirit-led repentance, can often find themselves subject to intense persecution, some of the most vicious of which is at the hands of other so-called “Christians”, and inexcusably, sometimes by churches that have some scurrilous reason to aid and abet an adulterous legalized union.  Such was the riveting testimony of Tracy Jordan in a recent conference call – link to the May, 2019 audio replay is here.   Listening to the audio is strongly encouraged for readers who have the time, as there are details and drama of the story not highlighted in this post.

Tracy relates on the call that she was five years into her first covenant marriage when her husband began a pattern of infidelity, and that there had been a generational legacy of divorce in her birth family.   She married her husband in 2000 after several years of cohabiting, and was happy that he would be the sole-provider and she a homemaker after the biblical model.   She was concerned about the curse of the family legacy of fragmentation, and hoped that this marriage would be until death.    When her husband asked her for a divorce after a few years of standing for her adultery-embattled marriage, she refused to sign the papers, and started going to church on her own.    She then found out that her husband had applied to become a deacon in a Miami megachurch at the same time he was in the process of unilaterally divorcing her, under Florida’s family-hostile “no-fault” law, in order to continue and cover up his ongoing adultery with a member of that church.

Tracy made an appointment with the leadership of the church who had made her estranged husband a deacon, Tracy following the biblical model for addressing sin in the body of Christ, and Paul’s guidelines concerning the qualifications for church leadership.    She was not allowed to see the head pastor, but was granted an appointment with an assistant pastor.     When she arrived at the church for the appointment, she found her husband and his adulteress in the assistant pastor’s office, and as she was soon about to violently find out, they had, perhaps without the head pastor’s knowledge, pre-arranged for a police squad car to pull up out front of the church.   Also in the office were two church security goons, at the ready.    Tracy pleaded scripture to the assembled group, warning of the sin of this church in facilitating the planned adulterous nuptials between this pair, quoting Mark 10:11-12 and Romans 7:2-3.   She says she was then seized by church security and bodily thrown to the ground outside.   The waiting police then arrested her, charging her with “simple battery” because she had tried to push the church security guards away, telling them, “don’t touch me!”    Not only was the assistant pastor guilty of collusion with the adulterous pair and the police, but the police were guilty of collusion in being eyewitnesses to the unprovoked assault by the security guards, in basically “reversing the charges”.

Tracy writes this in a  Sept 2016 post:

“I commend you once again sister Henry.. (addressing an author and leader in the marriage permanence community who left an adulterous remarriage of 17 years, Sharon L. Fitzhenry)… for your stand and dedication on this critical issue of marriage, divorce and remarriage. I was arrested a couple of years ago in church here in Miami, because my husband divorced me and married another woman in the church.

“I confronted the Leadership with Matthew 19:9, during a bible study lesson and there was a uproar in the congregation with me being arressted.   I would have done the same thing over again, because it wasn’t like I was John the Baptist, going to be beheaded!  I was with my husband for 19 years before he divorced me. I tried to fight for my husband’s soul, because I didn’t commit adultery, and I knew what state that would put him in.    A lost state! he had no biblical right to divorce me.  The church, cosigned, condoned and contributed to adultery. After the drama was over, I moved forward with my children, unfortunately two years later, my husband developed lung cancer and died. He died in his sins!

“God took one Rib! not spare Ribs! No man should divorce his wife, because she gained two pounds or burned the chicken last night!  My husband was a deacon of the church! I warn those that teach this damnable Doctrine, because many souls will be lost because of it. Marriage is a Covenant, not a Contract!
It’s until her last breath or yours!

“I didn’t make the rules, I just follow them.  A pastor told me that there was no such thing as an adulterous marriage.  Once you remarry, the second time, God honors that marriage. That’s not what the Bible teaches! As far as divorce and reconciliation to your first marriage partner, we find in Jeremiah 3:8, that God divorced faithless Israel and gave her a certificate of divorce and sent her away, because of her adulteries, but God reconciled himself back to Israel, once she repented! The story of Hosea and Gomer, depicts God’s undying love for Israel. Hosea was God! God was married to Israel! As husband’s and wives, we need to love like that. We need to forgive like that. We need to drag the hurts we have been harboring against each other in our hearts to the cross of Christ- it’s where we lay our burdens of guilt and shame. Only in him will we find true forgiveness. When we fully forgive each other , our minds will be released from the bondage of resentment that has been building a wall between us, and we shall be free to grow in our relationship with each other as husband and wife in holy matrimony!”

Covenant marriage standers bear many sorrows, but the loss of their one-flesh’s eternal soul to death before repentance (with the full complicity of a harlot church) has to be the very worst of these.   Every stander living under the crushing burden of an unreconciled marriage and family dreads this occurrence beyond anything else.   Many have this burden lifted by the return of their prodigal home to the Lord and to the home in this life, sometimes after decades of running away from Him.   A tragic few do not.   Tracy’s husband died in his adulterous remarriage only a few years after entering it.

Tracy relates on the conference call that she was eventually exonerated and acquitted of the criminal complaint after a trial that went on for eight months, and which depleted her financial resources.    This is the all-too-common lot for an innocent spouse who dares to seek any kind of justice for what modern “family laws” routinely inflict on them by giving preference to the offending spouse, and subjugating the fundamental rights of the non-offending spouse.  
In too many such cases, the innocent spouse is punished by both civil and criminal laws, though they’ve done nothing morally wrong.   Tracy relates that she was ultimately unsuccessful in recovering civil damages for the false arrest because one of the officers subsequently went to prison for an unrelated matter.    She eventually received an apology from the head pastor of this church that conspired to have her arrested.

Tracy is now married to a biblically-eligible man, but at an unthinkable, staggering eternal loss, following the untimely, unrepentant death of her first husband.    Today Tracy is a grandmother, and she works as a volunteer in a shelter for abused women in Florida.

And indeed, all who desire to live godly in Christ Jesus will be persecuted.
– 2 Timothy 3:12

www.standerinfamilycourt.com

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

Church Discipline, citizenship, Discipleship, Equal Protection, Fundamental Rights, Lost culture, morality, Religious freedom, Substantive Due Process

Top 10 Ways Mothers Would Be Helped If “No-Fault” Divorce Laws Were Reformed

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constitution-burningReaganby Standerinfamilycourt

Honor your father and mother (which is the first commandment with a promise), SO THAT IT MAY BE WELL WITH YOU, and that you may live long on the earth.   – Ephesians 6:2-3

Mother’s Day 2018 has come and gone, and it’s now Mother’s Day 2019.   In sharp contrast with Mother’s Day 1968, here are a few miserable facts:

  • Over 40% of children are born into fatherless homes outside of civil wedlock, and in some races this is as high as 70%
  • Over two-thirds of the unilateral divorce petitions are filed by WOMEN, yet most of these same women never recover financially and may easily retire impoverished
  •  Some 80% of those filed petitions are non-mutual – that is, opposed by an innocent spouse who has not objectively done anything to harm the filing spouse or the marriage
  • Taxpayers, including divorcees, foot a bill for well over $100 billion per year in state and Federal costs arising from the social expense of state-accelerated family breakdown

What would beneficial reform look like?   From a constitutional standpoint, allowing for the restoration of our right of religious conscience and free religious exercise under the 1st Amendment, and allowing for 14th Amendment equal protection with regard to parental and property rights, our suggested reforms are:

(1) All petitions that are not mutual filings would require evidence-based proof of serious, objective harm to the marriage or to the offended spouse.     For example, “emotional abuse” would be professionally defined in the statutes in terms of specific behaviors, with professionally documented admissible evidence legally defined

(2) All divisions of property and child custody / welfare arrangements that are not agreed as part of a mutual petition would be determined based on objective evidence of marital fault being the key consideration, with a view to leaving the non-offending party and the children as whole as possible in comparison with pre-divorce conditions

(Yes, we readily concede that this would be creating substantial economic disincentives to dissolution of the marriage, and we make no apologies.   The present system actively rewards the one seeking the divorce and actively punishes the innocent spouse who dares resist in any way.)

So what are the specific benefits to families and society (hence, to mothers) from these reforms?

Benefit #10 –  They’d be more prone to have marriage as a realistic and durable option in their life.
We hear this from the cohabiting young adults all the time, including households with kids but unmarried parents: “what’s the point of getting married?”   Despite the social do-gooders who cheerlead with shallow slogans like “put a ring on it”, the kids sense the government power-grab that unilateral “no-fault” divorce imposes on their lives and pocketbooks, and many of them have been saying “no thanks” for several years now.    Even if they’re not old enough to remember a time when the marriage contract was binding (absent some provable serious fault), they know the current civil contract isn’t worth the paper it’s written on, especially when they see 50 and 60-year olds who have been successfully married for decades suddenly unable to stay out of the jaws of the “family court” machinery.

Benefit #9 – Their kids and life companions would be less likely to commit suicide.
This is not to say that in the halcyon days when the marriage contract was reasonably binding, there weren’t murders and suicides of wives.   All one has to do is watch the old “Twilight Zone”, “Perry Mason” and “Alfred Hitchcock” episodes from the early-1960’s to know that this was an issue which probably justified some measured reform of divorce laws to allow for mutual consent  “no-fault” grounds — and arms-length property and child settlements.  But, certainly not the travesty we wound up with: unilaterally-asserted “irreconcilable differences” grounds, where the innocent was assumed guilty by the courts upon the allegation of one spouse, and no evidence to the contrary would be tolerated or heard or appealed, and where the guilty party was rewarded while the innocent party was smeared and robbed by the court (and sometimes even jailed).

The apologists for this robbery of fundamental rights from the entire class of innocent spouses claim it’s “justified” because the suicide rate in wives reportedly dropped by 20% following unilateral divorce enactment.   But who’s to say that this improvement would not have comparably happened as a result of mutual-consent “no-fault”?
In the meantime, spousal murders have not abated, while estranged husband and young adult child suicides, and accidental deaths due to drug addictions, have skyrocketed.   Mother’s Day is not such a happy day for some mothers for this horrible reason, even though they extracted their personal sexual and financial autonomy under the civil law.   For other mothers, it’s not such a happy day because their husband decided to trade them in, and as a consequence they find themselves alienated from their children (perhaps even losing one to suicide or worse), even though they were the responsible parent who did nothing wrong.

Benefit #8 –  Their kids would be less likely to become gender-confused and gender-dysphoric.
Speaking of high suicide and addiction rates, and looking back 50 years, we had this amazing phenomenon of rapidly increasing numbers of LGBTQ(xyz)-ers suddenly being “born this way” — when markedly fewer of them were “born this way” back in the days when it just so happened the civil marriage contract was legally enforceable.   Ditto concerning the amazing inverse correlation between the demand for “marriage” among homosexuals and the legal enforceability of the marriage contract (while we’re at it).

Some moms opt for lesbian relationships themselves after being rejected by a husband, thinking this relationship will be more stable than her marriage was.   Those relationships are actually shown to be more volatile than male homosexual relationships (which tend to be more promiscuous, and to survive longterm only on that basis).    In any event, the bad outcomes greatly compound when mom is setting that kind of example for her children.

Benefit #7 –  Their kids would be less likely to be killed at school or (even worse) become the shooter.
Sadly, we’ve come to have so many school shooting incidents in the past 20 years that they no longer shock us the way they used to.   In 2013, CNN compiled a fairly exhaustive list of all such reported  incidents, and has kept it updated since.   Only three such incidents occurred between 1927 and 1970, according to the list, and only one of those involved a minor as the perpetrator.   However, from 1974 to present, CNN reports  such incidents, most of them involving minors, and since the late 1980’s it’s consistently been 2 or 3 per year, most of them carried out by a “son of divorce”.    In his 2013 article, “Sons of Divorce School Shooters”, W. Bradford Wilcox, Professor of Sociology at the University of Virginia writes,

“From Adam Lanza, who killed 26 children and adults a year ago at Sandy Hook School in Newtown, Conn., to Karl Pierson, who shot a teenage girl and killed himself this past Friday at Arapahoe High in Centennial, Colo., one common and largely unremarked thread tying together most of the school shooters that have struck the nation in the last year is that they came from homes marked by divorce or an absent father. From shootings at MIT (i.e., the Tsarnaev brothers) to the University of Central Florida to the Ronald E. McNair Discovery Learning Academy in Decatur, Ga., nearly every shooting over the last year in Wikipedia’s “list of U.S. school attacks” involved a young man whose parents divorced or never married in the first place.”

This makes for dozens of mothers, on both sides of the gun, for whom each Mother’s Day is unimaginably painful.

Benefit #6 – Reproductive abuses, from profiteering abortionists to abominable surrogacy, would stop victimizing so many of them.
“standerinfamilycourt” was shocked and outraged to see the U.S. listed in an article, Surrogacy by Country, by the organization, Families Through Surrogacy, where this practice is legal (but expensive).   What most countries have in common where both surrogacy and abortion are legal (the latter often government-funded) is that they also have unilateral divorce-on-demand, and by extension, removal of fathers’ rights and responsibilities because he’s often been forcibly severed from his marriage and family.   Where there are strong natural fathers favored by society and the legal structure, there is less room and demand for commercialized reproductive abuses that exploit and traumatize women — and commoditize children.

Hungary, in particular (not on the above surrogacy list), has recently decided to bank on this relationship between easy divorce and negative population implications, implementing conservative national family policies to avoid having to resort to open borders to resolve its demographic issues (to the angst of its feminists).   If conservative family policies work there, they’ll probably work in other western countries and the U.S.   Hungary only has “no-fault” divorce available by mutual consent, according to websites by Hungarian family law attorneys.   Abortion is legal in Hungary, but it’s broadly reported as being very difficult to access, and its constitution states that “life begins at conception”.  Look for God’s blessings to be on Hungary as a nation.

Benefit #5 – The national debt would begin to decline, improving the national security of mothers and their children.
The national debt clock shows that the U.S. is over $22 trillion dollars in debt as of this writing.  In a study released in 2008 by the Institute for American Values (which was 7 years pre-Obergefell and badly need to be updated),  the combined state and Federal annual taxpayer cost of family fragmentation due to unilateral “no-fault” divorce laws was $122 billion per year.   Compounded by the Treasury’s borrowing cost over those years since enactment, unilateral “no-fault” divorce could easily account for at least one-third of the total.   

Benefit #4 – In-home child abuse would decline at the hands of the mothers’ boyfriends so their children could grow up safely again.
Forcibly removing the rights and authority of natural fathers (in some cases, mothers) from the lives of their children has come at a very high moral and safety cost to those children.    W. Bradford Wilcox (cited above) writes in a 2011 article for Public Discourse,

“This latest study confirms what a mounting body of social science has been telling us for some time now. The science tells us that children are not only more likely to thrive but are also more likely to simply survive when they are raised in an intact home headed by their married parents, rather than in a home headed by a cohabiting couple. For instance, a 2005 study of fatal child abuse in Missouri found that children living with their mother’s boyfriends were more than 45 times more likely to be killed than were children living with their married mother and father.

“Cohabitation is also associated with other non-fatal pathologies among children. A 2002 study from the Urban Institute found that 15.7 percent of 6- to 11-year-olds in cohabiting families experienced serious emotional problems (e.g., depression, feelings of inferiority, etc.), compared to just 3.5 percent of children in families headed by married biological or adoptive parents. A 2008 study of more than 12,000 adolescents from across the United States found that teenagers living in a cohabiting household were 116 percent more likely to smoke marijuana, compared to teens living in an intact, married family. And so it goes.”

Benefit #3 – Family and national wealth would markedly improve, leaving fewer of them poor in old age
Wedlock (emphasis on the “lock”) creates wealth and staves off poverty, many studies have shown.    Yet, close to 70% of the unilateral divorce petitions are filed by women, who don’t realize until too late, they are cutting off their nose to spite their face.
If, on the other hand, they had to prove fault, and if they bore the cost of their own fault, they wouldn’t so readily fall prey to the deception of feminist ideologies.  All too often they find themselves in unanticipated poverty after buying into the empty feminist promises and discarding their spouse, after which, they come to think the only way out is to throw another woman into poverty by seducing her husband onto the legalized-adultery-merry-go-round.

In terms of national wealth, this is a hand-of-God matter.   Deuteronomy 28 tells us (vicariously, since this was spoken to His most-favored nation):

“Now it shall be, if you diligently obey the Lord your God, being careful to do all His commandments which I command you today, the Lord your God will set you high above all the nations of the earth.   All these blessings will come upon you and overtake you if you obey the Lord your God:

“Blessed shall you be in the city, and blessed shall you be in the country.

“Blessed shall be the offspring of your body and the produce of your ground and the offspring of your beasts, the increase of your herd and the young of your flock.

“Blessed shall be your basket and your kneading bowl.

“Blessed shall you be when you come in, and blessed shall you be when you go out.

“The Lord shall cause your enemies who rise up against you to be defeated before you; they will come out against you one way and will flee before you seven ways.   The Lord will command the blessing upon you in your barns and in all that you put your hand to, and He will bless you in the land which the Lord your God gives you.   The Lord will establish you as a holy people to Himself, as He swore to you, if you keep the commandments of the Lord your God and walk in His ways.   So all the peoples of the earth will see that you are called by the name of the Lord, and they will be afraid of you.The Lord will make you abound in prosperity, in the offspring of your body and in the offspring of your beast and in the produce of your ground, in the land which the Lord swore to your fathers to give you. The Lord will open for you His good storehouse, the heavens, to give rain to your land in its season and to bless all the work of your hand; and you shall lend to many nations, but you shall not borrow.The Lord will make you the head and not the tail, and you only will be above, and you will not be underneath, if you listen to the commandments of the Lord your God, which I charge you today, to observe them carefully,and do not turn aside from any of the words which I command you today, to the right or to the left, to go after other gods to serve them.”

The Apostle John channels the words of Jesus in Revelation 2 to confirm this Deuteronomy 28 warning as still being true in the last days among the Gentile church:

But I have this against you, that you tolerate the woman Jezebel, who calls herself a prophetess, and she teaches and leads My bond-servants astray so that they commit acts of immorality and eat things sacrificed to idols.   I gave her time to repent, and she does not want to repent of her immorality.  Behold, I will throw her on a bed of sickness, and those who commit adultery with her into great tribulation, unless they repent of her deeds.  And I will kill her children with pestilence, and all the churches will know that I am He who searches the minds and hearts; and I will give to each one of you according to your deeds.

Sexual autonomy is a contemporary “other god” that is served by immoral family laws.    Notice that both blessings and curses passively overtake a nation according to the national choices made by clergy and government.   Reading on in Deuteronomy 28, the opposite curse to each blessing is recited by Moses, except the curses far outnumber the blessings, showing that His protective hand over a nation holds back far more curses, which flood us when He removes it after many prophetic warnings go unheeded.   Most of us would agree that God has allowed most of these poverty-from-disobedience consequences to fall on the U.S. and other western countries in increasing intensity as the Sexual Revolution has become increasingly entrenched in our culture, unopposed by the church.

Jesus was very clear about God’s commandment, which if we truly obeyed as a nation, there would be no humanist legal provision for divorce:

“…What therefore God has joined together, let no [hu]man separate…Because of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way. ”

 

Benefit #2  –  Their pastors would quit lying to mothers (and fathers) about biblical instruction concerning remarriage
It is a documented fact that commercially-published bible text has been “evolving” since at least the late 1800’s, that seminary faculties have been increasingly overrun with sexual liberals since the post-World War II period, and that academic freedoms have been increasingly on the wane in the last 10 years with regard to conservative biblical scholars.  We now have free online bible study tools that enable just about anybody to conclusively demonstrate the liberal violations of Revelation 22:19.  Back in the 1970’s, pastors in several denominations went on record as demanding that the church stop teaching that remarriage is adultery in every case where an estranged spouse is still living (even though that’s quite accurately what both Jesus and Paul taught), demanding the removal of denominational rules that would disfellowship them for performing weddings Jesus would call continuously adulterous.   There were also demands for pastors in such an adulterous “marriage” themselves to no longer be denied ordination credentials, even though that’s the standard that the Apostle Paul himself implemented in the churches he established.

It’s also a well-documented fact (per the minutes of denominational conferences) that the chief cause for this was primarily economic – i.e., the fear of loss of church membership as legalized adultery supplanted holy matrimony going forward.   But it was also emotional and reputational now, as falsified bibles (and pastors themselves commonly living in ongoing legalized sexual sin) emboldened a lot of church women to bully their own pastors if they didn’t take a liberal stance and shrug off God’s word to the contrary.    If it’s true that the cause of doctrinal unfaithfulness was the pursuit of unrighteous mammon, the effect will eventually reverse to the extent the civil laws comport again with biblical morality concerning marriage.   (Luke 16, from beginning to end, needs to be read as an integrated unit, rather than a random cluster of miscellaneous sayings of Jesus.)

Benefit #1 –  Fewer mothers (and their adulterous partners) would die on the broad road that leads to hell
It became culturally uncouth to speak of hell sometime back in the 1960’s, especially in churches, as if eternal moral consequences for persisting in wicked life choices were suddenly declared passe’ from On-High.    The Apostles clearly did not hold this attitude, nor did most of the 1st through 4th century church fathers, even when speaking of the born-again.

Circa 100 A.D., the Bishop of Antioch said this in his Epistle to the Ephesians,

“Do not err, my brethren. Those that corrupt families shall not inherit the kingdom of God. And if those that corrupt mere human families are condemned to death, how much more shall those suffer everlasting punishment who endeavor to corrupt the Church of Christ, for which the Lord Jesus, the only-begotten Son of God, endured the cross, and submitted to death!  Whosoever, ‘being waxen fat,’ and ‘become gross,’ sets at nought His doctrine, shall go into Hell. In like manner, every one that has received from God the power of distinguishing, and yet follows an unskillful shepherd, and receives a false opinion for the truth, shall be punished.”  –St. Ignatius 

No, this wicked idea that “remarriage” while an original spouse was still alive could ever be accepted by God as holy matrimony was an unfortunate time-bomb, a product of 16th century Reformation humanism (as was “replacement theology”, against which the Apostle Paul also warned).    Eventually, this heresy removed inhibitions against enacting immoral family and reproductive laws in western nations, and deceived the lawmakers who today uphold these laws into having the audacity to call themselves “Christians”.   This was also the reason why some conservative denominations made the eternally fatal choice in the 1970’s to revise their once-biblical doctrine to accommodate the enactment of unilateral “no-fault” divorce laws, instead of standing strong against them anywhere close to the way they stood against gay “marriage”.

Jesus preached a 3-part definition of adultery, and part 3 actually precludes any notion of “biblical exceptions” we hear so much about:

(1) to lust in one’s heart after someone other than our living spouse (Matt. 5:27-28)
(2) to divorce a spouse in order to remarry (Mark 10:11-12)
(3) to marry any divorced person (and by corollary, to marry someone after being involuntarily divorced – Matt. 5:32b; 19:9b; Luke 16:18b)

In Matthew 5:27-32 Jesus tell us that adultery doesn’t just occur extramaritally, but it occurs just as much inside of the “remarriages” of seemingly respectable church-going people, and by His reference to cutting off of our hands and gouging out our eyes rather than taking the first step toward this abomination, He alludes to this conduct leading to hell as the (unrepentant) destination.   Later on, He directly and graphically says so in Luke 16:18-31.


Picture credit:  Sharon Henry

While it’s not strictly necessary for pastors and lawmakers to visualize their sheep (and constituents) in the hell-flames to get the former onboard with moral divorce reforms in civil law, it sure doesn’t hurt.   Pastors who do see this connection usually don’t perform the kinds of weddings that directly drive the demand for “no-fault” divorces.   If lawmakers could see their adulterously remarried constituents in the resulting hell-flames as a repeal bill is before them, and if they knew that what the martyred Ignatius had to say was a certainty concerning the corrupters of families, it wouldn’t matter whether they were liberal or conservative, they would vote for the repeal of marriage “dissolution” laws altogether.   Getting the state “out of the marriage business” would include getting the state out of the divorce business to the same extent!

Nine of these benefits to mothers (and future mothers) are temporal but extend to the 1000th generation, according to God’s word.   The #1 benefit to mothers, however, is eternal.

Happy Mother’s Day to those who can celebrate today.   Joyous Mothers Day to those whose messy circumstances lead them to find extra comfort in the Lord.

Marriage is to be held in honor among all, and the marriage bed is to be undefiled; for fornicators and adulterers God will judge.   – Hebrews 13:4

www.standerinfamilycourt.com

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

Discipleship, Divorce, Lost culture

Pet “Parenting” Trend: How Has “No-Fault” Divorce Contributed?

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by Standerinfamilycourt

“I’m gonna buy me a dog…Why?  ‘Cause I need a friend now….”  
The Monkees (1966)

Culture seems to have made a subtle shift in the past 20 years or so.   Many of us no longer own pets, we parent them.   We wear “dog mom” sweatshirts.    We no longer build them a dog house or cat tree and relegate them to the back yard with their water bowl and Alpo.   Instead, we spend a fortune on their advanced training so that they’re better behaved in the house than our kids were.   We no longer settle for the standard spay or neuter job:  concerned about their heart health, their bones and their cancer prospects, we’d rather they keep their hormones, so we search a wide radius around our homes for a wholistic vet who will do a vasectomy or an ovary-sparing spay on our fur kids, to the disgruntlement of our regular vet.   We buy them health insurance.  We’re thrilled to find out that there are ways to feed them where they might live 20 years or more, if they don’t meet with some mishap we can’t control.    We dress them up in costumes and take them with us to social events.    Some of us turn down invitations when we can’t bring them along.   We join Facebook groups on all sorts of “pet parenting” advice.   We buy them health insurance (courtesy of our employers, even).   Heck, some of us even sign them up for pet sports!   In fact, a couple of years ago, somebody dreamed up a new kind of “Mother’s Day”, observed the day before the actual one.   (It will be interesting to see if they do the same for “dog dads” in June.)

SIFC will say right up front that hopefully this post won’t offend the many abandoned spouses who are honestly struggling just to feed their kids, in a different season of life, after unilateral “no-fault” divorce was selfishly forced on them.    May you never arrive here because the Lord has brought your prodigal spouse home repentant, and born again or recommitted, to Himself and to you, both.    You are blessed to have your human children still in the house, as chaotic and difficult as that is making your days right now.   Perhaps the information here will be helpful to a not-so-fortunate friend or two.   One statistic from 2017 sets the average percentage of 1-person households in the U.S. at about 30%.

“standerinfamilycourt” adopted an eight year old brother and sister pair from a dachshund rescue eleven years ago, in a process that took 6 weeks and required the formal interviews of two other human family members, plus a “home study”.

Blessedly, they were already superbly trained, and came with the full vet records, meticulously kept since their puppyhood by their deceased former owner.    At the time, the half-serious, half-joke was, “it’s either these two or an illicit affair.”    None of us enjoys coming home night after night to a dark, empty house when the human kids have long since flown the nest, and the spouse prefers to “identify” as a kid again.   I strongly suspect that much of the pet parenting not only happens because of the forced-divorce trend, but because so much of that trend is “gray divorce” after decades of successful marriage and child-launching, and also because of the trend of Christian spouses to stand for their ransacked marriages and stay out of subsequent, biblically-unlawful human relationships which no amount of man’s paper can legitimize before God.  It can get a bit scary in these circumstances to read all the “helpful” articles that inform us about what our ordeal is allegedly doing to our health and life span.

Since cycling was the thing to do in SIFC’s town, a framed nylon kiddie carrier was purchased to hitch to the back wheel of the bike, and a little “license plate” on the back read:  WENR-WGN.     Not expecting to see fur kids inside, half the fun was cracking people up as we passed.    There is some counterbalancing information about pet ownership and human health, by the way.

The “doggers” helped me sleep better and wake up better….and socialize better as an introverted person, as I expected would be the case when I spotted them online and applied to the dachshund rescue.    Even so, this first pair led a pretty “old-school life” most of their time with me:  high end normal pet food, conventional vet,  insurance purchased only after a really close, expensive call, and doggy day care for the survivor of the pair, since I was really worried he’d go downhill after losing his sister and I was not yet retired from work.       I started to put on weight again several months before the passing of the second one, because he could no longer do the walks at age 17 and I was concerned about leaving him for long.    I took a year off from “pet parenting” while I waited on the next pair,  and since I was by then retired, I decided on actual infant pups this time.    Within a month of bringing the little hellions home last year, all the weight magically fell off of me.

It turns out, that in circumstances of chaste estrangement, caring for and having the company of a pet is one of the best things someone otherwise living alone can do for both our physical and emotional health.     Time will tell if the benefit goes so far as to substantially replace the benefit God intended of living with our spouse, til death do us part.   We can’t control much in our own lives, but we can create a happy world for our furry family members.    They make messes, but they don’t try to tell us we’re messing up their lives by not “moving on”.    The grandkids can’t get enough of them, which means we get to see our children’s offspring once in a while.

SIFC’s former state even changed its divorce laws last year in a trailblazing way to make sure “family law” attorneys wring out fees attributable to the fur babies wherever possible (since fees from fighting over human children is a market sector that was obviously maturing for them, as younger people have responded to immoral “family laws”, both by having fewer children and by not getting married at all).

There’s a pretty good chance unilateral forced divorce has led to “pet parenting” on the part of the discontented folks doing the divorcing as well.     We can only hope their pooches (as well as their illicit partners) fart and snore!   And chew up their shoes – or worse.


“Lifestyle” pharmaceuticals gone
to the dogs 

 

God setteth the solitary in families: he bringeth out those which are bound with chains: but the rebellious dwell in a dry land.
– Psalm 68:6

www.standerinfamilycourt.com

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

Divorce, Equal Protection, Equal Protection, family law, Fundamental Rights, Lost culture, Substantive Due Process

What Happened When a Covenant Marriage Stander Wrote His State Legislators About Forced Divorce

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by  Guest Blogger, Billy Miller of Louisiana

In 2013 I sent the following email to every Louisiana legislator, and some statewide leaders. I did not get one reply.

Ladies and Gentlemen:

While you are at work your wife could file for divorce, get a Protective Order based on her word that she is afraid of you, and you couldn’t get into your own house…not even get some clothes, shave kit, etc., and you would have to sleep somewhere else tonight.

That is divorce according to current law. Staying apart for just 6 months would guarantee her a divorce, and that is when you would start paying for something you didn’t even want…the divorce.

You wouldn’t hear any charges against you and proof of guilt, no defense because there aren’t any charges, and no way to appeal the judge saying “Divorce granted”…because there is no Case to appeal.

Now you see why I am an Advocate for Divorce Reform…fighting our ILLEGAL laws…that make you “like it or lump it” in divorce.

The lawyers in 1969 in California who came up with the current No-Fault divorce laws were told by an Associate Justice of the California Supreme Court was present and told them that what they were doing was illegal, and they did it anyway.

Louisiana has had these illegal laws on the books for 40 years, destroying marriages and families…ILLEGALLY. These same laws are in effect in all 50 states.

I hope that concerns you IMMENSELY, and that you will initiate actions to put a stop to these ILLEGAL laws.

(  SIFC:   Billy Miller is a Baptist pastor, family patriarch, covenant marriage stander and family law reform activist who lives in Louisiana.)

www.standerinfamilycourt.com

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

Church Discipline, citizenship, Connection of Unilateral Divorce to SSM, Discipleship, Lost culture, morality, Religious freedom, Spiritual Warfare

Death of a (Postmodernism) Sales(person): The Sad Passing of Rachel Held Evans

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by Standerinfamilycourt

And inasmuch as it is appointed for men to die once and after this comes judgment,  so Christ also, having been offered once to bear the sins of many, will appear a second time for salvation without reference to sin, to those who eagerly await Him.  – Hebrews 9:27-28

On Wednesday, May 1, 2019,  divorce law reformers were again in front of the Texas House of Representatives, testifying in an effort to get the repeal of unilateral  (non-consensual) “no-fault” grounds to advance from that committee, a bill identical to the one that had been voted out of the same committee two years before, whereupon that bill died a mysterious death before it could be brought to the floor of the full house for a vote, and before the legislature adjourned for two years.  This time, related bills under discussion, HB922 and HB926 occupied about an hour of the late evening 3-hour session for testimony, while one bill seeking to protect wedding officiants from (homosexualist) liability by allowing them to recuse themselves, where conscience before God would be violated, (HB2109) preceded this debate and took more than 90 minutes of that time.   During the discussion of the supposedly “homophobic” recusal bill, one recently-elected millennial lawmaker from a district north of Austin responded to the testimony of Cecilia Wood, a family law attorney of 32 years, there to testify in support of HB922 eliminating non-consensual “no-fault” grounds for divorce, but also a supporter of the right to recuse from officiating weddings based on religious conscience, as follows (@ 8:30):

Rep. Talarico:  “Two comments and a question:  of course, allusion to the civil war (sic) important, but there was also a right side to that war and a wrong side to that war.  Second, you mentioned Christians staying home.  There are many Christians on this dias, including me who don’t hold discriminatory beliefs….”

“Woke” social justice writers like Ms. Held are largely responsible for the extrabiblical notions of young Mr. Talarico and too many of his generation:

(1) Belief that one can be a follower of Christ without embracing and obeying His teachings on morality and sexual ethics, as plainly described in the bible – both on a homosexual and heterosexual basis.

(2) The belief that biblically-immoral sexual behavior choices can constitute an “immutable” identity which can then be parlayed into valid comparisons with the civil rights movement of the 1860’s and 1960’s that were based on race, biological sex and religion, i.e. “a right side to that war and a wrong side to that war…”  to pass prudent moral selectivity off as “discrimination”.   (It should be noted, however, that homosexualism is quickly becoming a sect of the larger secular humanist de facto state-religion of the United States ruling political class.)

(3) The asserted moral superiority of “social justice” Christianity over a holiness-based discipleship that better comports with the full teachings of Christ, the apostles and the early church fathers, especially in the area of sexual ethics.    The fact remains that this humanist pseudo-religion is the very antithesis of actual Christian discipleship in every respect.

(4) That false analogies (in general) are excusable for the greater “good”.

To this last point, a woman’s purported “right” to disobey Christ (such as by divorcing her husband in a pagan civil court) is obscenely compared with  Martha’s sister, Mary choosing to sit at the feet of Jesus and learn from Him, in the RHE illustration we’ve opened this post with.

While this testimony was occurring in Austin, TX, another kind of eternal tragedy was occurring in Tennessee in the Evans household, a covenant holy matrimony union of 16 years, with two children.


Dan and Rachel Evans wedding, 2003

The news site, AL.com wrote on April 19:  “During treatment for an infection, Rachel began exhibiting unexpected symptoms. Doctors found that her brain was experiencing constant seizures. She is currently in the ICU. She is in a medically induced coma while the doctors work to determine the cause and solution…”     By May 1, her condition was deteriorating due to brain-swelling after she failed to come out of the coma.   As reported by  CNN:  “…Over the next 10 days and transfers between three facilities, Evans was comatose.  Doctors began weaning Evans off coma medication Tuesday, but she did not return to an alert state during this process…Thursday [the coincidental date of the committee vote in Texas], Evans had ‘sudden and extreme’ changes in her vitals. A medical team found “extensive swelling of her brain” and took emergency action”.

That emergency action was unavailing, and she died on Saturday, May 4.   Out of respect for the Evans family and their grieving process, we will be publishing this blog a day or two after her funeral.

This is the sort of dias-sitting “Christians” that Rep. Talarico was referring to in his hearing remarks were, no doubt, influenced in great measure by the evangelical darling of CNN, the Huffington Post, and a host of other liberal publications, secular and evangelical.  SIFC has a grown, married daughter four years older than Mrs. Evans, who also started adopting RHE’s views around the time her writings gained prominence on CNN, and quoting similar homosexuality-sympathizing  “Christian” writers such as Jen Hatmaker.    This tragedy hits very close to home for that reason.   It’s normal for young adults who have been raised in Christian homes to go through a season of questioning, but in these evil last days, it can be eternally fatal to purchase a home there (and turn it into a real estate office, as RHE did, with the backing of crooked investors).    Hopefully, SIFC’s daughter is “just renting”, and moves to a home with a Rock foundation in time.

Mrs. Evans joined Soros-funded Baptist feminists (Karen Swallow-Prior, Beth Moore and an acclaimed homosexual journalist) in the leftist smearing of Rev. Paige Patterson, resulting in his removal from his leadership posts in the Southern Baptist Convention last year because of his fully biblical anti-divorce views which rejected the morally rabid  “abuse” doctrines of this evangelical feminist cult.   She was quoted by Baptist News Global at the time: “Patterson’s comments need a swift and thorough rebuke from the SBC and all Christians of good faith.”    At least indirectly,  Mrs. Evans was the epitome of the “rent-an-evangelical” cadre that Soros operatives openly bragged about recruiting.

SBC leader under fire for comments about divorce, abuse

The following was typical of her views on man’s divorce, finding purported legal “dissolution” a necessary “right choice” to prevent the exploitation of women, and imagining the true protection of women under the biblical leadership of her husband “legalistic”….rather than the metaphysical impossibility Jesus taught that divorce of an original holy matrimony union actually is.    In effect,  RHE was a popular writer because she excused hardness of heart, telling her fans what they wanted to hear – at a time when nearly 70% of unilateral “no-fault” divorce petitions are filed by women, and almost nobody takes provable abuse through the criminal justice system, as the bible would instead direct.

“…but whoever causes one of these little ones who believe in Me to stumble, it would be better for him to have a heavy millstone hung around his neck, and to be drowned in the depth of the sea.

“Woe to the world because of its stumbling blocks! For it is inevitable that stumbling blocks come; but woe to that man through whom the stumbling block comes!”   –  Jesus, Matt. 18:7-8

Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.   – Romans 1:32

“standerinfamilycourt” would vigorously challenge the late Mrs. Evans’ assertion about the “purpose of Jesus’ words on marriage”.   Rather than protecting women from “exploitation by the system”,  those words were to protect society as a whole from self-absorbed individualism, and keep fathers firmly in authority over the generations of their families, per God’s design.

Challenging the authority of scripture on such a matter, and then (apparently) dying unrepentant is very eternally costly, at least according to one early church bishop who was martyred early in the 2nd century….

Meeting this fate while still very young illustrates the extreme danger of achieving broad influence and acclaim which is built on a foundation of sand.   It’s a mercy that God sometimes removes high-impact siren voices from our midst.   When He must do so while they are so young, it’s a strong sign of how many they were leading astray, and of His foreknowledge of whether they would ever repent.    Apparently, Mrs. Evans knew John Stonestreet of the Colson Center (Breakpoint.org) very well because they were from the same town in Tennessee, and (while he can’t quite bring himself to vocalize it), he is wondering if she ever repented before she passed into eternity last week.   We can only hope so.

We are bracing for the howl we’re going to get from the antinomians out there, as we did when remarriage adulteress Joey Feek passed away young and unrepentant in her “marriage” to another woman’s legally-estranged husband.    That blog post elicited comments from hundreds of people for days.    We didn’t write that piece to be “mean” to the divorced-and-remarried, nor will we apologize for reminding people that all of the apostles warned repeatedly about the possibility of wandering away from the faith, as directly evidenced by the levels of repentance, and spirit of obedience to Christ’s commandments, in the life under discussion.  If those who would take offense insist on doing so based on extrabiblical denominational dogma, their souls are in their own hands.   If the past is any indication, some will read this and insist that SIFC has “judged” and personally consigned these erring souls to hell, as if feeling deputized by God to do so.    This is irrational (to be as kind as possible in expressing it).    What SIFC has done is tell the audience what God’s word and early church fathers clearly said about similar situations.

“standerinfamilycourt”, as Mrs. Evans did, feels called to the role of a teacher of God’s word on the family, approaching it with a holy fear of God, and ever-mindful of the stern warning from Christ’s brother, James, about the eternal impact on the audience….

“Let not many of you become teachers, my brethren, knowing that as such we will incur a stricter judgment. “

www.standerinfamilycourt.com

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

 

 

citizenship, Connection of Unilateral Divorce to SSM, Divorce, Equal Protection, Equal Protection, family law, Fundamental Rights, Lost culture, Religious freedom, Spiritual Warfare, Substantive Due Process

Legislative Learning Curve: The Fate of Texas HB 922 To Scrap “Insupportability” Grounds

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by Standerinfamilycourt

This will be a good news / bad news account of the third consecutive unsuccessful try in Texas to restore fundamental constitutional protections to “Respondents” sued by their own spouses in “family court”.     Re-introduced into the 86th Legislative Session by Rep. Matt Krause, HB 922 would have limited the “no-fault” grounds for divorce to cases of mutual consent and have required cases where the spouses do not mutually agree to the divorce to submit proof of existing fault-based grounds, while HB 926 would extend the waiting period for “no-fault” divorce to 180 days.   Testimony for these bills occurred at a very late evening hour on May 1, 2019 with just 2 business days’ notice of scheduling.    More about that unfortunate circumstance follows below.

The latter bill extending the waiting periods made it out of committee on Thursday, May 2 and still has a remote chance of being scheduled for a floor vote in the House in time to go to the Senate before the 2-year adjournment.   During the 85th legislature, this bill made it out of committee unanimously (versus 5-3 this time), but was killed by adverse lobbying of someone in the Calendars committee.   HB 922 was killed by the Democrat-dominated JJFI committee, and will need to be re-introduced in the 87th session in 2021.    It also passed out of this committee in the 85th session but met the same special-interest lobbying fate before it could come up for a floor vote or proceed to the Senate.

This blog post will be something of a post-mortem:  what went well, and not so well, and will shine some light on some long-festering process issues in the Texas legislature that has, over time, made legislative reform of family laws a bit of an uphill battle structurally.    Family structure activists are not deterred, even though the demographic trend in Texas points to an even more liberal-dominated legislature in 2021 when it next convenes.

Is a Constitutional Amendment Needed to Allow the Texas Legislature to Convene Annually?
According to the National Conference of State Legislatures (NCSL),  46 state legislatures meet annually today.  The remaining four states—Montana, Nevada, North Dakota and Texas—hold session every other year, each in the odd year.   Illinois convenes annually but holds approved, pending bills open for two years, rather than require them to be reintroduced each session, which seems to be a cost efficiency to the taxpayers, not to mention, a bit of a safeguard against the effects of voter fraud and rapid demographic change (such as via unchecked illegal immigration) in elections, and possibly curbs the sort of Calendar Committee chicanery the Texas House is bloody infamous for.  In each span between legislative sessions, committee membership changes along with the makeup of the House, with a definite recent “bluing” trend in this (once) deep-red state, as people move into Texas from economically-failing liberal states losing several large employers each year.

The frequency of legislative sessions is set by the Texas Constitution, which reads as follows:

Sec. 5.  MEETINGS; ORDER OF BUSINESS.  (a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

Hence, any change would require passage of a measure to put a statewide referendum on the ballot to change Article 3, Section 5.   This actually brings up one key example of the effect of biennial legislative sessions in Texas:  we are coming up next month on 4 years elapsing since the capricious Obergefell decision legislated a “right” to gay “marriage” from the Federal bench, and nullified all of the DOMA (defense of marriage) amendments passed by citizen referenda  a decade or so before, in numerous states.   Although a bill, HJR 64 was debated to put the DOMA repeal measure the ballot in the fall, astonishingly it still sits in committee, with only three weeks remaining in the session.   It appears that both the Texas marriage statute and the Texas constitution will continue to officially define marriage as being only between one man and one woman well into 2021, the 6th anniversary of Obergefell, since the constitution must be amended before the statute can be changed.

As the moral fabric of society has continued to fray, at least in part due to the societal destructiveness of divorce-on-demand, so has the legislation load perceived by citizens and their state leaders as necessary to manage all of the ever-worsening symptoms from this disease, now in its 3rd and 4th generations since enactment (boomers, gen-X, millennials, nextgen).    The NCSL article cited earlier makes this interesting observation:

“In the early 1960s, only 19 state legislatures met annually.  The remaining 31 held biennial regular sessions.  All but three (Kentucky, Mississippi and Virginia) held their biennial session in the odd-numbered year.  By the mid-1970s, the number of states meeting annually grew tremendously—up from 19 to 41.”

Gun rights activist Rachel Malone provided  her Facebook followers this statistical breakdown of Texas bill activity as of May 1 or so:

722 bills passed by the House (693 are HB’s)
640 bills passed by the Senate (632 are SB’s)
37 bills passed by BOTH chambers (but some still in process / conference)
16 bills sent to Governor

In the past 6 sessions, an average of . . .
– 6,363 bills were filed
– 1,382 bills were passed by both chambers (trending downward to the 1200’s)
– 1,342 bills were signed by the Governor / went into effect
– 389 bills died in Calendars (about 25% of the bills sent there)
– 258 bills passed the Senate but died somewhere in the House
– 368 bills passed the House but died somewhere in the Senate
– 11 bills died on the House floor
– 0 bills died on the Senate floor

How does this compare with other populous states that meet annually, such as Florida and California?  A good topic for study!
In the meantime, anyone can see that there’s basically only a 5% chance per biennial session that any bill in Texas would make it to the governor’s desk, including (apparently) a SCOTUS-dictated matter from 4 years ago– and plan their activist activities accordingly.

The power of life and death is literally in the hands of the Committee Chairman’s scheduling choices
Attorney Harold Dutton has been the Chair of the Juvenile Justice and Family Issues committee for the past several legislative sessions.   He is a man with a very checkered family life of his own, and has apparently treated this standing appointment as a personal fiefdom, according to a 2007 article in the Houston Chronicle.  The Chair of each House committee controls the hearing calendar for that committee, a fact which is absolutely key to the difference in what occurred this year with HB’s 922 and 926.

Not that Rep. Dutton had all that much to fear in terms of a repeat of the 4-3 party line committee approval that occurred in 2017 for HB 93, the predecessor bill to HB 922, since the Democrat majority on that committee was now 5-4, with 100% turnover in the rank-and-file members.    But just to be on the safe side, a bill filed in January was not scheduled for a hearing until May 1.    Two business days’ notice of the scheduling was given after business hours on the Friday before.    The hearing was scheduled on a day when there was a very heavy agenda on the House floor, typical for this point in the year when the session’s calendar days are dwindling, so the hearing scheduled for 10:30 a.m. didn’t actually start until after 7 p.m.   That was tough enough, but these bills were heard alongside a litany of bills whose numbers indicated they were filed substantially later on, including an albatross of a bill opposed by an army of LGBT activists: HB2109 which sought conscience-based protections from liability for wedding officiants to recuse themselves from certain weddings.    This testimony was, of course, prioritized to lead off (and, cynically, it set the political tone for) the entire evening.   

SIFC expects that Chairman D was giving himself high-5’s for preventing the parade of constitutional law attorneys who testified in 2017 before his committee that Texas’ divorce law is profoundly unconstitutional, and replacing that with a literal Gay Pride parade twice as large.    Despite the bills being introduced for the 3rd time by a practicing constitutional attorney, and despite ever-faithful veteran constitutional attorney Shelby Sharpe reprising an abbreviated portion of his 2017 testimony (given only 2 minutes this time instead of 3 minutes), and despite another family law attorney echoing the unconstitutionality with handouts to the committee,  what wound up resounding from the testimony was the technically-true but woefully-incomplete declaration of Texas Family Law Foundation head lobbyist Stephen Bresnan that “no court in the United States has ever found  no-fault divorce to be unconstitutional.”

The final injury came in the departure from the room of most of the GOP members shortly after the gay rights debate, which ended around 8:30 p.m.   After powerful reprise testimonies by Kristi Davis and Jeff Morgan and a few other excellent witnesses, none of them got any questions from the committee members, mostly because there were few or no Republican committee members present any longer to give them a hand.   Ditto for when Texas Values Sr. Policy Analyst Nicole Hudgens was peppered by feminist committee members with repetitive ideological “questions” she couldn’t quite handle to everyone’s satisfaction (partly due to coming off as being a bit unprepared).     Last time, executive director Jonathan Saenz testified in favor of the predecessor bill.    Whereas the victim witnesses got no questions, Ms. Hudgens’ 2-minute debut testimony evoked 6 contentious minutes of questions from the remaining committee members.

Another pivotally-damaging moment in the testimony questioning….

Rep. Callani to Ms. Hudgens:   “Why do people get divorced?” (@1:57)

Texas Values’  Nicole Hudgens:  “There are a number of reasons you can get divorced, but you have ‘insupportability’ which is no-fault divorce but this is not talking about…in the case of abuse or in the case of neglect..others, this is simply talking about ‘no-fault’ divorce…”

Rep. Callani:  “Right, but what do you think the reason for that is?”

Hudgens: (pause) “It can be a number of reasons.”

Callani:   “Just one of them”….(after longer Hudgens pause)…”Like a reason that people would get divorced…other than abuse?”

Hudgens: “Other than abuse?”  [Way to affirm Callani’s pet ideology there, Ms. Hudgens!]

Callani:  “So in your work for the Texas Family Law Foundation….”

Hudgens:  “That’s Texas Values”

Callani:  “OK, Family Texas Values…and you’re against divorces…so when…what types of divorces have you seen being…that were insupportable…what was their reason for wanting to get divorced?”

( SIFC:   Noooo, Nicole, please don’t assent to her rhetoric again!!   Proper response:  “there can’t be any ‘insupportable’ marriages in the legal sense because the term has not even been objectively defined in the statute.”   Legislator lecture coming in….4, 3, 2, 1… )

Hudgens: “There could be a number of reasons.  We’re for government promoting a policy that keeps families intact as much as possible, so…it could be a number of reasons…right now you can just get divorced for pretty much any reason.”

Callani: “All I want you to do is just give me one reason why people would get divorced.”

Hudgens:  “A lot of people would say ‘it’s complicated’…”

( SIFC: Callani could easily have gone in for the kill right here, but she was having herself a ball playing like a cat with her helpless prey….)

Callani:  “But what do you think is complicated about it?”

Hudgens:  “One person says they don’t want to be in the relationship anymore….”

Callani:  “So if that’s reason, if this bill were to pass, it defeats the whole purpose.”   (She didn’t say of what, but it’s clear that she believes in the “force people to stay married” dogma.)

( SIFC:  While every question couldn’t have been anticipated, less than two minutes invested in a Google search would have produced this fairly accurate study information, courtesy of AARP, which places “abuse” far down the list, and would have put up a far better fight against Callani’s media-driven assumptions…the fact is that the vast bulk of divorce is driven by adultery, and in a lot of cases, deliberate spouse-poaching in older, more affluent couples with older kids, and often grandkids….creating massive retirement problems, and rewarding the offenders while severely penalizing the non-offenders.   If this kind of informed content had filled those 6 minutes, they would at least have had something substantial to chew on, and it would have raised the opportunity to educate the committee on at least two important points that almost never get talked about!)

(Please click to enlarge)

Perhaps the most harmful moment that carried the evening, as a result of the GOP lawmakers all leaving the room, is the patently false statement by TFLF lobbyist Bresnan which went shamefully unchallenged because nobody remained present who was both entitled and motivated to debunk it at that point:

Bresnan: “And the third thing I’d like you to consider is leverage.  If I’m in a relationship with someone and they can’t leave without my permission,
I have extraordinary leverage over them.  I want the kids, I want the car, I want the house, I want the business.   I want everything.   If you want out bad enough, that’s what you’ll give me.  Right now, people are on an equal basis and they can dissolve their marriage, and in no way should you allow the law to..uh..change the leverage in a relationship.”

But suppose GOP Rep. Faithful had been in the room, wide awake and on the ball — despite it being 9 p.m. by then (since the liberals somehow managed not to take a dinner break, no doubt because of the wherewithal for campaign contributions that were on the line here)….

Rep. Faithful:  “that’s certainly an interesting point of view, Mr. Bresnan.  Let’s probe that a bit further, if you don’t mind.   Do you think it’s really necessary, in the best interest of the family as a whole, for the idea of “leverage” to be a zero-sum game, where the petitioner has 100% of the leverage and the respondent has zero percent?   How do you see this as being an ‘equal basis?’  The AARP has rightfully been growing concerned because the most recent studies show that due to the effect of no-fault divorce laws on younger adults opting not to marry at all, the only growing category of no-fault divorce is what is commonly called “gray divorce”, often where a couple has been successfully married for decades.  Often these divorces leave an innocent spouse, who wanted to save their marriage, with half or less of their retirement savings, 401K’s, IRA’s and pensions.  So, AARP published a 2004 study report showing that the chief driver for these gray divorces is adultery and / or the selfish desire to marry someone else, and the divorce petition filer is typically the adulterer.   Let me ask you:  should the adulterer have 100% the leverage over an innocent spouse who has done nothing substantial to harm the marriage?   Should they get the house, the business, the kids?   Could you tell us how that is good for society, Mr. Bresnan?

Of course, back in December, following the disastrous 2018 mid-term election results which reflected the changing demographics in Texas, Rep. Krause tried to warn us (privately) that there “would be little appetite for” family law reform in the 86th session.    He was a little reluctant to re-introduce the bills, but thankfully was persuaded (late).    The video feeds showed him  looking a bit disengaged, overtaxed and disinterested throughout the May 1 committee proceedings, and he apparently did little to encourage his conservative peers to stay in the room when their pushback against commercial / special interest testimony was absolutely crucial.  

Taking the picture as a whole, SIFC believes it was still right to keep re-introducing the bills despite the formidable obstacles to enactment rehearsed above.    William Wilberforce did this before Parliament for more than 20 years, across the entire spectrum of political circumstances, in order to engage the uphill battle to abolish the slave trade.  The activist community can do a much better job of supporting Rep. Krause’s political courage by taking all of the following steps:

(1) praying for Dutton’s defeat in 2020.  He’s been over the JJFI committee for far too long, and was morally ill-qualified for that pivotal Chair to begin with

(2)  making a lot of off-session visits to allies for educational purposes, especially Texas Values, but also sympathetic family law attorneys like Cecilia Wood (who seems as well-informed as anyone).    Ideally, we’d be visiting those same committee members with educational materials, but historically each session typically sees new faces under Dutton on that committee, so perhaps the only solution is to see all incumbent Reps in the off-session season, and from Nov. – Jan. 2020 visit the newly-elected (who are likely to wind up on the committee).   This means Jeff Morgan, who has purposed to focus on enlisting the support of the state’s churches in the off-season, will need a lot more hands.

(3) re-courting the constitutional attorneys who testified in 2017

(4) entreating Rep. Krause to file his bills on Day 1 of filing rather than in January, so that testimony in both chambers can occur by March

(5) prioritize the courting of Senate concurrent sponsorship

(6) recruiting the testimony of once-divorced couples who remarried each other (#somuch4irreconcilabledifferences)

(7) solidify ties now with the Constitution Party of Texas who might be able to help Jeff Morgan with some of the ground work over the next two years

(8) write Rep. Krause a heartfelt thank-you now, hoping for his re-election, and advising him how we will be doing our part to better support his efforts next session

For just one example of potentially effective connections, HB 2109, the wedding officiant recusal bill, which had six co-sponsors (Reps. Flynn, Bonnen, Dean, Schaefer, Springer and White) has already died on the vine this session, which really need not become a tragedy that leads to a similarly ill-considered Alabama-style reaction.  Would these gentlemen not be great candidates for some timely education on why the successful repeal of unilateral forced divorce would make their issue go away altogether — by quickly killing the demand for gay “marriage”?    This is before even mentioning the budgetary heroes and rock stars they would become over the next few years!   According to a 2008 study, unchecked unilateral divorce was costing Texas taxpayers almost $3 billion each and every year.   This might be a great conversation to have with these gentlemen even before this session adjourns at the end of the month, if their attention can be had during crunch-time.

The debate on HB 2109 was (in reality) about compelled moral approval for sodomy-as-marriage, and by extension, the morality of sodomy in general.   May 1, 2019 needn’t have become Gay Day in Austin, and it needn’t have been a Democratic committee member pointing out how this bill reflected a “fire, ready, aim” mentality
(Flynn testimony: “I thunk it up mahself”) behind it.   Passage of HB 922 (accompanied by the future repeal of Sec. 6.006 – forced divorce with a 3-year delay in redundancy of Sec. 6.005) would have made that whole debate moot and unnecessary.   Hence, there seems little reason why all six should not have been co-sponsors on Rep. Krause’s bills during the 86th session, and why they shouldn’t be courted by our team to become co-sponsors during the 87th session.

“standerinfamilycourt” is retired from corporate life, and lives several states away, but would have loved to spend part of 2018-19  in Texas for the reasons mentioned above.   Steps are being taken to find a way to monetize Unilateral Divorce is Unconstitutional so that the finances to do so, and to start working other states, become available in 2019-2020.    Prayers are appreciated for success and God’s direction in this fundraising vision.    We have a formidable adversary, but a mightier Lord, so it all boils down to: who’s hungrier to win?

Therefore, do not throw away your confidence, which has a great reward.  For you have need of endurance, so that when you have done the will of God, you may receive what was promised.
– Hebrews 10:35

www.standerinfamilycourt.com

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