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Book Series – Chapter VI – DOES DIVORCE DISSOLVE MARRIAGE?

REVEREND MlLTON T.WELLS  (1901-1975)

EASTERN BIBLE  INSTITUTE

GREEN LANE,  PENNSYLVANIA

1957 – (Public Domain)

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FB profile 7xtjwNote by Standerinfamilycourt:    Rev. Wells was an Assemblies of God Pastor and served as President of the Eastern Bible Institute in Pennsylvania,  now known as the University of Valley Forge.

Our Lord Jesus Christ would have called his scholarly work, with its rigorous application of all the principles of hermeneutics to the scriptural texts on marriage “faithful”.

The author uses the term “Five-Word-School”  for those who reject Christ’s teaching, centered around Luke 16:18 and other scripture, that the marriage covenant is dissolved only by the physical death of one of the spouses; those who instead prefer to center their view around Matthew 19:9 according to the Erasmean / Lutheran / Calvinist rendering, in such a way as to contrive a “biblical exception” (except it be for fornication) to justify remarriage after civil divorce.  

 

CHAPTER VI –  COMMENTS ON LUKE 16: 18 (R.V.)

 

Every one that putteth away his wife, and marrieth another, committeth adultery: and he that marrieth one that is put away from a husband commit­teth adultery.

This is Christ’s second statement on divorce.  In His first public statement on the subject (Matt. 5,32), He did not make provision for a spouse’s putting away an adulterous mate to marry another; neither did He make provision for a chaste woman (an innocent party), to marry another man, even though her husband had committed adultery by divorcing her and marrying another.

Before discussing this text fully,   it would be well to consider the relation of the Apostle Paul to Luke and his Gospel.

 

A.  Paul’s Relation to Luke was Like the Relation of Peter to Mark.

The ancient tradition that Mark’s Gospel is essentially that of Peter, and Luke’s essentially that of Paul is corroborated by their general character and form.

( Milton S, Terry: Biblical Hermeneutics.   Grand Rapids, Zondervan Publishing House, n. d. p.558.)

 

Tertullian, [A.D. 160-222], who said that Mark was the interpreter   of Peter, said that Paul enlightened Luke in the preparation of the Gospel of Luke.   Irenaeus,  [A.D. 120-200], said that Luke who was the companion of Paul presented his Gospel as it was preached by the Apostle Paul.   Origen, [A. D. 185-253] said that Luke’s Gospel was the Gospel commended by the Apostle Paul.  Jerome, Eusebius and other Church fathers were of the same conviction.

(W. Graham Scroggie: A Guide to the Gospels. London. Pickering & Inglis Ltd., 1948.   p.360.)

 

 B. The Context of Luke 16 :18 is Related to The Text of Luke 16:18

The words of Luke 16: 18 were addressed to the same class of people as those of Matt, 19: 1-9, namely, the Pharisees, who believed that they could freely di­vorce their wives for virtually any cause and especially for the sin of adultery. Those of the Pharisees who believed that one might specifically divorce and re­marry for the cause of adultery were of the School of Shammai.  They based their conviction for such right on Moses’ divorce permission (Deut. 24: 1 -4),  which was quoted in full on page 88. They justified their right to divorce and marry another and the right of the divorced wife to many another on Moses’ divorce permission. Christ immediately, prior to Luke 16: 18, said to them (the Pharisees):

Ye are they that justify yourselves in the sight of men [for sundry evils, embracing the divorcing “of wives for manifold causes including adultery}; but God knoweth your hearts; for that which is exalted among men is an abom­ination in the sight of God.   The law and the prophets were until John: from that time the  gospel of the kingdom is preached, and every man entereth vio­lently into it. presseth into it(A.V.)](R.V.).

Christ told the Pharisees that a new order,  a new kingdom had come with the preaching of the kingdom of God and that It would require spiritual violence on their part to enter this kingdom, for its demands were very high. Truly it would take great violence of soul for these Pharisees to discontinue their loose practices relative to divorce,  as well as their other ungodly deeds.

Christ knew how difficult it was for the Pharisees to hear His Word on divorce. To be denied this privilege was to them like striking off their right hands.  Jesus said, therefore, that they must press(v:.16 A.V.) violently intothe moral stand­ards of His kingdom, self-discipline being indispensable. What God hath joined together is “one flesh.” The Pharisees must, therefore, face up to God’s standard of marriage as fixed at the beginning.   The innocent(spouse) disciple of Christ and of thekingdom of God is willing to be a eunuch for the kingdom’s sake..for he knows bythe grace of God how to contain himself.

Many in Christ’s day could not receive the higher ethic of His kingdom which He announced in the Sermon on the Mount and which embraced His teaching on divorce (Matt.5:31,32).  It was too ideal for them. It is, unhappily, too high for many professing Christians who claim to have experienced the doctrine of John 3:5 which, indeed, should give them power to measure up to the high stand­ards of the Lord Jesus Christ and His kingdom.   Happily, the experience of John 3:3,5,6 is open to all who will receive Jesus Christ as Saviour and Lord (Jn.I:12, 13: Rom.10:9,10,R.V.). The power of then new birth is described by the Apostle Paul in Rom. 8:4:

For what the law could not do, in that it was weak through the flesh, God send­ing His own Son in the likeness of sinful flesh, and for sin, condemned sin  flesh: That the righteousness of the law might be fulfilled in us. who walk not after the flesh, but after the Spirit.

 

The Spirit of God indwelling the believer will enable him to fulfill   Edenic standards of righteousness, including God’s original standard of marriage.

There were many in Christ’s day who pressed into the kingdom of God. The strait gate through which they entered was indeed very narrow; so nanow they had to leave every sin behind them.  The Apostle Paul spoke of the seriousness of measuring up to Christ’s standards of the kingdom of God.  Now the works of the flesh are manifest, which are these; ADULTERY [He who marries another while having a living former mate commits adultery (Matt. 19,9; Luke 16:18)], FORNICATION . . .wrath, strife . . .and such like: of which I tell you before,  as I have also told you in time past, that they which do such things, shall not inherit the kingdom of God (Gal.5:19-21).

C.  In Luke 16: 18 Christ Reiterates His Abrogation of Moses’ Divorce Permission.

The emphasis of Matt. 5 :32 is on the sin of a husband in causing his wife to commit adultery by divorcing her and then her consequent sin of presuming to marry another when her first marriage was stlll intact.  The emphasis of Luke 16:18, however, is twofold: first, it is the sin of a husband in marrying another after divorcing hiswife, and second,as in Matt.5:32, the sin of the divorced wife in presuming to marry another on the grounds that she had been put away and that her husband in remanying, had committed adultery.  His divorce and remarriage, however, had not dissolved the first marriage union of which she was a   part.

The FIVE WORD School and all evangelicals believe that a Hollywood star who divorces his chaste wife and marries another while the former wife is still living is in a state of adultery because he has not by a court’s decree dissolved his marriage union before God, nor has his subsequent marriage dissolved it. The FIVE WORD School strangely allows the first wife to marry again because it as­serts that the husband by his remarriage commits adultery and thus brings (its private interpretation of) the exceptive clause of Matt.19:9 into action.  How amazingly contradictory is this school’s reasoning! In one breath its followers say that the remarried Hollywood star is living in adultery because he is still be­fore God married to his first, chaste wife, and in the next breath, they say that the wife may get a divorce from him (dissolve the marriage and marry another because he has committed adultery.  If he is still married to his first wife, she ( the first wife) must still be married to him.  The Bible knows of no marriage that is a one way union! To accept the FIVE WORD doctrine of divorce is to return presumptously to the divorce permission of Moses (Deut, 24: 1-4) which Christ so clearly and forever abrogated!    In Matt. 5:32b; 19:9b and Luke 16:18b, He said that such wives who marry another are caused to commit adultery and that those who marry them commit adultery! Did Christ approve of such adultery? God forbid the thought! “From the beginning it was not so “(Matt.19:8b); death and death alone dissolved a marriage union.  Under Moses adultery called for the stoning of the unchaste spouse(Deut.22:22), not the divorcing of such an indi­vidual.  FIVE WORD theology sets up a CHAIN REACTION of divorce and remar­riage not only within the Church but without the Church also. The careless, com­promising Church of today is responsible for the fearful increase of divorce. FIVE WORD THEOLOGY multiplies it, and smiles upon adulterous unions within the Church.

As observed in the discussion   of   Matt.5:31,32,  the wife could not remarry upon being divorced because Christ abrogated her former Mosaic permission to do so, and likewise He abrogated Moses’ toleration of a husband ‘s putting away his wife.  Her sin of remarrying was the sin of adultery because her first marriage union remained undissolved despite her husband’s subsequent remarriage af­ter divorcing her. Similarly, the sin of the husband in Luke 16: 18 in marrying another was adultery because, obviously, his first marriage union was still un­broken. The sin of the wife of Luke 16: 18 in marrying another, after the hus­band remarried following his divorcing her is adultery, notwithstanding the fact her husband had committed adultery in marrying another, because his first marriage union was undissolved.  He could not by marrying another abrogate CHRIST’S ABROGATION of MOSES’ toleration of divorce which dissolved a mar­riage union for virtually any cause.  Christ as clearly abrogated  Moses’ tolera­tion of divorce in Luke16:18 as in Matt.5:3I,32.

Does not the reader, in the light of these two texts (Matt. 5:31, 32; Luke16:18) now see clearly that the sin of adultery on the part of a spouse does not free the other mate to divorce such a partner for the purpose of remarriage?  The Pharisees could not have failed to get the full import of His divorce statement (Luke 16: 18) just described. Why should we fail to do so today?   Shall we look at  ISOLATED text for the answer to this problem, or to all of the divorce texts given by Christ and the Apostle Paul? Indeed, the Pharisees on this occasion were of the same schools as those who later faced Christ with the  respecting divorce when He spoke to them in the setting of Matt. 19: 1-12 and Mark 10: 1-12.  In either case, the members of the school of Shammai were represented in the group.  Christ closed the door to divorce for this school, as well as for the Pharisees in general, for the followers of the school of Shammai rested their hope for divorce for adultery on Deut. 24: 1-4.

As we noted already under Matt, 5:32, Christ could not abrogate the first part of Moses’ divorce permission and not the second part without so indicating. He was dealing with Moses’ divorce permission as a unit and thus he also abrogated the right of the woman to remarry despite her husband’s marrying another. The husband under Christ’s law could not and did not dissolve the first union by mar­rying another; neither could the divorced wife dissolve the first union by marry­ing another, for Christ’s law was but a reiteration of God’s original marriage law in Eden which makes husband and wife ONE FLESH for life.

The FIVE WORD School insists that Luke 16: 18 does not treat adultery in mar­riage as a cause for divorce, but we have seen above that Luke16:18 contradicts this assertion when viewed in the light of Christ’s entire abrogation of Moses’di­vorce permission.   If under  Christ a divorced wife could marry another when her husband married another, then Christ’s abrogation of Moses’ divorce permission (Matt. 5:31; 32; Luke 16: 18) was meaningless, and His several statements on divorce were completely contradictory. Could Christ in the same statement (Matt. 5:3I , 32)  abrogate Moses’ divorce permission and then deny it?

 

D. Four Possible Alternatives Within the Text of Luke 16: 18 Are:

(1) It is a chaste husband who puts away a chaste wife,   or

(2) It ls a chaste husband who puts away an unchaste wife, or

(3) It is an unchaste husband who puts away an unchaste wife, or

(4) It is an unchaste husband who puts away a chaste wife.

The sum of the matter of Luke 16: 18 is that a husband of whatever sort who puts away a wife of whatever sort, and remarries, commits ADULTERY, and a man who remarries a wife (whether chaste or unchaste) who has been put away by another commits ADULTERY.   There can be no doubt  that  this text as well as Matt. 5 :32  makes no provision for the innocent wife,  of either of the two texts just mentioned, to divorce a guilty husband with the inherent right of marrying another.   This holds equally true of Matt. 19:9b.

Beyond any doubt, Luke 16:18 prohibits an innocent wife from marrying anoth­er, even though her husband marries another before she marries again. How amazing, therefore, is the reasoning of the FIVE WORD School.  They insist on modifying the meaning of Luke 16: 18 by the exceptive clause and their unique interpretation of Matt. 19:9.  Two texts already have closed the door to the FIVEWORD School’s interpretation of Matt. 19:9,  which they allege supports the right of an innocent party to remarry when he has divorced his unchaste spouse. Would it not be more reasonable for the FIVE WORD School to modify the apparent meaning of Matt.19:9 by twotexts, Matt.5:31,32and Luke16:18, not to men­tion Mark 10: I I, 12; Rom. 7 :2, 3 and I Cor, 7: 10, I I, 39, rather than reverse the matter and insist on modifying the many texts by the one text, and that by their singular and private (II Pet. I :20) interpretation of it?

 

Back to Chapter V

Continue to Chapter VII

Appendix

FB profile 7xtjwSIFC NoteRev. Wells is comprehensively on target here with monumentally important forgotten and ignored truth that would revolutionize churches today if the heresy of “biblical” grounds was contritely repented of, and practices changed accordingly, so as to no longer offend a holy God, and perhaps even obtain His last-minute mercy for our nation and government.  Rev. Wells makes a point in this section that deserves a bit more contextual commentary:

On page 33 of the physical book, Wells says: “He could not by marrying another abrogate CHRIST’S ABROGATION of MOSES’ toleration of divorce which dissolved a mar­riage union for virtually any cause.”

However, carefully-translated texts taken with the relevant cultural context narrows the application of Moses’ “permission” to the Jewish betrothal period, and to fornication (uncleanness) committed prior to consummation of the marriage.  It is still possible the Pharisees were trying to apply the Mosaic allowance more broadly than its original purpose, but  this is moot since  the abrogation  applied  broadly.

 

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

Book Series – Chapter V – DOES DIVORCE DISSOLVE MARRIAGE?

REVEREND MlLTON T.WELLS  (1901-1975)

EASTERN BIBLE  INSTITUTE

GREEN LANE,  PENNSYLVANIA

1957 – (Public Domain)

 

 

FB profile 7xtjwNote by Standerinfamilycourt:    Rev. Wells was an Assemblies of God Pastor and served as President of the Eastern Bible Institute in Pennsylvania,  now known as the University of Valley Forge.

Our Lord Jesus Christ would have called his scholarly work, with its rigorous application of all the principles of hermeneutics to the scriptural texts on marriage “faithful”.

The author uses the term “Five-Word-School”  for those who reject Christ’s teaching, centered around Luke 16:18 and other scripture, that the marriage covenant is dissolved only by the physical death of one of the spouses; those who instead prefer to center their view around Matthew 19:9 according to the Erasmean / Lutheran / Calvinist rendering, in such a way as to contrive a “biblical exception” (except it be for fornication) to justify remarriage after civil divorce.  

 

CHAPTER V –   COMMENTS ON MATTHEW 5:31, 32

It was said also, Whosoever shall put away his wife, let him give her a writing of divorcement; but I say unto you, that every one that putteth away his wife saving for the cause of fornication, maketh her an adulteress and whosoever shall marry her when she is put away committeth adultery.

It is important to observe that the context of this passage of scripture is a part of the Sermon on the Mount wherein Christ repeatedly quotes from a command­ment of the Mosaic Law or repeats a concept of the Old Testament setting forth the moral views enunciated therein, and then abruptly cries, “BUT I SAY UNTO YOU . . .  ”   and then immediately thereafter states a higher ethic of the same moral principle in question.

A. The Righteousness of the Pharisees Versus the Righteousness of Christ as Set Forth by Context (Matt. 5:20,32).

The moral standards of the Pharisees of Christ’s day were very low, for Christ said:

I say unto you, that except your righteousness shall exceed therighteous­ness of the scribes and Pharisees, ye shall in no wise enter into the kingdom of heaven   (Matt.5,20).

The Pharisees were strong on observances of minute, external rules of mens tradition.  Christ emphasized the inner state and motivations of the heart.  In verses 21-25, He showed that anger is incipient murder, and in verses 38-44 that a divinely sanctioned retaliation is to “turn the other cheek” and to “go the sec­ond mile.”

To the Pharisees, care to avoid an overt act of unchastity was the important thing.  To  Christ, the look of the eye and the thought of the heart were more im­portant.  To Him, the look of lust (coveting one of the opposite sex unlawfully) was adultery already committed In the heart (Matt.5:28).

To the Pharisees,  divorce was a moral convenience for greater personal hap­piness.  To Christ. it was a glaring immorality.  The Pharisees said, “Do we not have Moses ‘law for a basis for putting away our wives?  Did not Moses say:

When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.  And when she is departed out of his house, she may go and be another man’s wife. And if the latter husband hate her, and write her a bill of divorcement,   and giveth it in her hand, and sendeth. her out of his house; or if the latter husband die, which took her to be his wife;  Her former husband. which sent her away may not take her again to be his wife, after she is deilled; for that is an abomination before the LORD; and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an lnheritance (Deut. 24:1-4)?”

B.  Moses’ Divorce Permission Abrogated by Christ (Deut. 24:1-4)

There can be no doubt that in Matt.5:3I, Christ specifically refers to  Moses’ divorce permission(Deut.24:1-4). The Master’s statements in Matt.19:3-9 and Mark I0: 3-6 confirm that fact.

How shocked must the Pharisees have been to learn that Jesus said, “It was said.. . .(referring toDeut.24:1-4) . …BUT I SAY UNTO YOU….” It is important at this point to notice the rest of Matt.5:32:

Every one that putteth away his wife,  saving for the cause of fornication, maketh her an adulteress and whosoever shall marry her when she is put away committeth adultery (R.V.).

Christ’s statement of Matt. 5: 32 completely reversed Moses’ divorce permis­sion. Indeed , He abrogated it.  By His sweeping statement He said  that a hus­band who put away a chaste wife “causeth her to commit adultery (A. V.)”  and he who married such a woman, whether before or after the husband married anoth­er, committed adultery also. This is clear because in contrast Moses’ divorce law ( Deut. 24: 1.-4) permitted such a woman to marry again whether or not herhusband had married another.  Christ revoked Moses’ temporary permission of di­vorce to bring humanity back to God’s original marriage law which was estab­lished in Eden (Gen. 2: 18-24). The permissive law of Moses (Deut. 24: 1-4) was a schoolmaster to bring men to Christ’s superior way of life.

Let us inquire more deeply into the reason why the “chaste wife” above was forbidden to marry another. The Scripture states that the husband who puts her away “causeth her to commit adultery… The question is this: why would she commit adultery by marrying another if her former husband had himself committed adultery ­by remarrying after divorcing her?   The answer is simply found in carefully answering other searching questions.  Was the husband’s second marriage a valid one according to Christ?  Did Christ approve of a man’s marrying   another woman after he had put away his chaste spouse?  Certainly He did not!True, the Pharisees did. Did the husband invalidate the marriage bond with his first wife by marrying another?  If this be so, then everyone who wishes to gain a di­vine title to another woman as his wife has but to remarry for any cause and presto, his marriage bond is broken!   By sinning,  He has established his marriage before God.  The ultimate conclusions to which the reasoning and logic of the FlVE WORD School lead are, indeed, frightening!  Many an evangelical pastor agrees with the author in his position in this paragraph but denies it in practice by officially condoning the state of remarried divorcees in allowing them to hold offices in his church.

If the husband in question did not invalidate his first marriage bond by marrying another, then neither may the wife marry another while her first marital union stands before God.  Indeed, as Christ said, she commits adultery if she re­marries.  Certainly the Lord Jesus did not teach that every so-called innocent might remarry while the former spouse was still living; in fact. He did not teach that any innocent mate could remarry.   He said:

Every one that putteth away his wife, and marrieth another, committeth adultery; and he that marrieth one that is put away from a husband commit­teth adultery ( Luke 16: 18 R.V.).

C. Divorcing   of   Adulterous   Mate   is not Approved   by Christ According   to Matt. 5:32.

Note that the sin of adultery is in the foreground in the context and text of Matt.5:32.   Its immediate context begins at verse 27, where Christ refers tothe commandment, THOU SHALT NOT COMMIT ADULTERY (Ex.20:14), and then immediately He lifts it to a higher interpretation than the Pharisees were wont to give it.   Was He referring to the lust of Pharisees forother wives more beautiful or more genial than their own when He said, “BUT I SAY UNTO YOU, That whosoever looketh on a woman to lust after her [as did David after Bathsheba] hath committed adultery with her already In his heart”!  Then Christ shocks the Pharisees again by linking sin to the divorce action of a man who puts away a chaste wife by stating that such a man “causeth his wife to commit adultery,” and adds that he who marries her “committeth adultery. ”  Elsewhere Christ says that he who divorces her commits adultery in marrying another(Mart.19:9; Luke 16:18, 12).

Observe also that the sin of “putting away” (divorcing) a wife with the obvious purpose of marrying another (for that is the reason the Pharisees put away their wives) is likewise in the foreground. The right of a man to put away an adulter­ous mate to marry another is not in the foreground, nor is the right of the innocent divorced mate to marry another in the foreground.  Let the reader keep the verse in focus with its context and its true intent, and he will not fall into the trap of erroneous interpretation.

The main thrust of Matt. 5:32 states nothing about the right of a man to put away his unchaste mate to another.  The FlVE WORD School finds a self­-originated secondary thrust in the text and erroneously makes it the prominent teaching of Christ in the passage.   By emphasizing the exceptive element of the verse, they distort the purpose and intent of Christ’s declaration at this point.

Christ no more approves an “innocent mate’s right” to divorce and marry another by the exceptive element of Matt.5:32 than does the Apostle Paul ap­prove slavery in Eph.6:5: “Servants [Greek–doulos slave], be obedient to them that are your masters according to the flesh, with fearand trembling  in single­ness of your hearts, as unto Christ.”

The exceptive element. “saving for the cause of fornication,” was not intro­duced to put Christ’s stamp of approval upon a husband’s divorcing his wife for adultery.  The right or wrong of it is not before the reader in the text.  The man who puts away a wife because of FORNICATION is mentioned only in passing to bring out the main thought namely, that it is a heinous sin to put away a chaste wife to marry another.     This practice was common among the Pharisees.

The reason for Christ’s introducing the exceptive clause in Matt.5:32 becomes apparent if one reads the verse without the exceptive clause.   It follows

But I say unto you, That whosoever shall put away his wife….causeth her to commit adultery ….

The text makes no provision for an innocent husband to dissolve his marriage, should his wife commit adultery, so that he might marry another. The exceptive element is introduced as a qualifying clause to say in effect: “unless he previous­ly made herself a fornicator by her unchaste conduct.”  The man who puts away (rightly or wrongly) an unchaste wife does not  cause her to be guilty of her previous adultery nor does such action cause her to be an adulteress.  Christ inserted the exceptive clause so that the Pharisees would not understand Him to say that one of them would have caused his wife to commit adultery in putting her away if she had of herself committed adultery already. Whether the Wife in question had committed FORNICATION before or after marriage is not stated, if we are to take the word in its widest signification.

Felix L. Ciriot, Th. D. , in his book, Christ and Divorce, has stated:

The “exception-clause” occurs twice; in Matt.5:32 and again in Matt,19:9.  But the first time it does not, even by implication, give support at all to the idea that remarriage after a divorce given on the grounds of adultery is permitted. Thefunction of the “exception-clause” in 5:32 is quite different. There it is equivalent to the qualifying clause, “unless she has already  made herself an adulteress by her own misconduct.  The passage says nothing aboutthe remarriage of the husband.  What it says is that any husband who divorces his wife makes himself morally responsible for her becoming an adulteress, it being assumed, apparently, that she will either remarry or be incontinent outside pretended wedlock, and in either of these cases will have become an adulteress. The function of the “exception-clause” in this passage is, then, to cover the obviously exceptional case that, if she was divorced for adultery, in that case the husband will not be morally responsible for her becoming an adulteress since she was one already-the reason why she was put away. Thus the “exception-clause” in this passage has no bearing at all on any right of remarriage In the husband.

(Felix L. Ciriot: Christ and Divorce. R. A. Ciriot, 3006 Wheeling Street, El Paso,Texas, 1945,   pp. 3,4.)

The evil of divorcing a chaste wife In Matt, 5:32 is viewed from the stand­point of the dreadful effect upon the wife. The verb underscored in the phrase”causeth her to commit adultery” is one word moicheuthenai in the Greek. Professor John Murray of Westminster Theological Seminary has indicated in his text on divorce that the verb moicheuthenai is in the passive voice and that such gives the phrase this literal effect,   “he causeth her to suffer adultery. ”

(John Murray:   Divorce. Philadelphia, The Committee on Christian Education , The Orthodox Presbyterian Church, 1953, p.21)

The man is not in Matt. 5 :32  said to commit adultery (as stated In Luke 16: 18) in putting away the chaste wife. He is, however, said to be implicated In his wife’s sin of adultery, should she marry another after he has divorced her and married again.  She obviously commits adultery because her husband had no right to   divorce her. According to Christ, the divorce was invalid.  In the case just described,  the wife could not put all the blame for her sin of adultery upon her hus­band,  but neither might the husband be exempted or exonerated from guilt in this matter.  Indeed, the husband is morally responsible for her possible unchastity when she is put away, for it is assumed that she will find it so difficult to remain continent in her single state that she will unlawfully marry another. It would have been more difficult for an innocent wife of that kind to remainun married in Christ’s day than today, because she had been steeped in thetraditionsof the schools of Hillel and Shammai, which permitted women to marry again in accordance with their interpretation of Deut. 24:1-4.

A. S. Worrel’s translation of the New Testament is of assistance at this point:

 BUT I SAY TO YOU, THAT EVERY ONE WHO PUTS AWAY HIS WIFE, EXCEPT ON ACCOUNT OF FORNICATION,  MAKES HER COMMIT ADULTERY : AND WHOSOEVER MARRIES HER WHEN PUT AWAY COMMITS ADUL­TERY (Matt.5:32).

By the above statement Conservatives believe that Christ was In effect saying:

You my hearers, of the schools of Hillel and Shammai, have taken for granted that it is right to give a bill of divorcement to a wife for one (thecause of adultery) or for any cause, because of your interpretation. of Moses’ declaration in Deut.24:1-4, and have concluded the same that it is also right for divorced, chaste wives to marry again when divorced, BUT I SAY UNTO YOU,   that whoever gives a bill of divorcement to a wife causes her to commit adultery (unless she has previously committed FORNICATION: and in that case it is clear that the husband did not cause her to commit unchastity), and further he who marries the divorced wife commits adultery also.  By this state­ment I declare that the Mosaic permission for the divorcing of a wife and the remarrying of the divorcee (even though she be an innocent spouse) is not ap­proved of God, I have come to re-establish the law of marriage as instituted by God at the beginning in Eden, for such is the law of My Kingdom, the KINGDOM OF GOD.  The Mosaic law of divorce and remarriage is forever abrogated by me!  Therefore the divorced wife described above who marries again, and he who marries her commits adultery since their marriage is not valid before heaven.  Their union is an adulterous union because the marriage bond of the wife with her first husband is not dissolved.  Under the law of marriage of the KINGDOM OF GOD a bill of divorcement is of no effect in dissolving a marriage union.

Christ could have added, according to His statements in Luke 16:18 and Matt.19:8:

Every one that putteth away his wife, and marrieth another, committeth adultery: and he that marrleth one that is put away from a husband commit­teth adultery (R. V.).

Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so.

Dean Henry Alford of Canterbury, in discussing the problem of whether the marriage of the innocent party after separation (on account of fornication) is for­bidden by Matt. 5:32 or 19:9, states:

Certainly it would appear, from the literal meaning of our Lord’s words, that it should not be allowed for if by such divorce the marriage be altogether dissolved, how can the woman be said to commit adultery by a second   marriage?  Or how will St. Paul’s precept (l Cor. 7: 11) find place?  For stating this as St. Paul does, prefaced by the words “not I, but the Lord, “ it must be understood, and has been taken, as referring to this very verse  [Matt,5:32] or rather (see note there) to Ch.19:9 and consequently can only suppose fornication as the cause.  Besides which, the tenor of our Lord’s teaching in other places . . . seems to set before us  the state of marriage as absolutely indissoluble as such however he may sanction the expulsion a mensa et thoro of an unfaithful wife.    

(Dean Henry Alford: The New Testament for English Readers, Chicago, Moody Press, p.33)                         

 

A considerable portion of the FIVE WORD School’s argument is based on the meaning of the word divorce as it views it.  The liberals of the divorce questionare driven to an extensive treatment of this word because they are in such poverty of text to support their position.   Indeed, they can ill afford to get along without the alleged support of Matt. 5:32 if it can be even weakly established that it is in their favor.  The FIVE WORD School cannot objectively claim Matt, 5:32 as support for the reasons already given in the discussion of this text.   Since this verse does not discuss either the right or wrong of putting away an unchaste mate,  the meaning of the word divorce here is, therefore, of no significance in settlingthe problem of the right of an innocent mate to divorce his unchaste spouse and marry another.

The divorce liberals admit that Matt. 5:32 is a very weak reed upon which to support their doctrine of divorce, since it has nothing within it like the phrase which follows the exceptive clause in Matt.19:9(A.V.). The phrase is under­lined [bolded] in the quotation which follows: “except it be for fornication and remarrieth another.” There is no declaration in Matt.5:32 which may be taken, even by implication to state that an innocent spouse who puts away his unchaste mate can marry again if the verse is properly understood within its context.

How do followers of the FIVE WORD School get around the problem?  In the first place, their circuitous and illogical method causes them to assume that their interpretation of Matt. 19:9 on an a priori basis is sound, thereby representing Christ to teach that He authorized an innocent party to divorce a spouse who com­mits adultery with the inherent right to marry another while the former mate still lives.  In the light of that assumption,   they secondly read their interpretation of Matt. 19:9 into Matt. 5:32 because it contains the word divorce in reference to putting away one who has committed FORNICATION.   They believe that the fact that 5:32 also contains an exceptive clause further enhances their a priori posi­tion.  Thus, presto, they apparently have two divorce texts allegedly support­ing their doctrine of divorce.

Followers of the FIVE WORD School would not have made such a glaring error had they proceeded differently,  but at the very beginning of their study of the doctrine of divorce they presumptively set up their view of Matt. 19:9 as an esatablished postulate.  This they did before examining objectively and independ­ently all the divorce texts to determine their separate meaning and ultimately from them to deduce the general tenor of the Bible’s teaching as a whole respect­ing divorce.  Hence their “postulate” reduces itself to a mere assumption made too early in the analysis. Too often in the Christian Church a teacher’s wish is the father of his theological thought.  See the full discussion of the meaning of the word divorce in its bearing on the subject on pages 121 through 124.

 

D. Marriage Bond is not Dissolved by Adultery

 

The paragraphs above indicate the fact that an act of adultery does not dis­solve the marriage bond.   According to Matt.5:32, the chaste wife of the text cannot dissolve the marriage union by divorcing her adulterous husband and thus free herself to marry another.  Under Moses, it was the death of the adulterer by stoning which dissolved the union and freed an “innocent party” to marry another.  It was death and only death “from the beginning” and not divorce which erased the union of husband and wife so far as Christ was concerned.  The Apostle Paul reaffirmed this fact in Rom. 7:2, 3 and I Cor. 7:39.  He clearly taught that death and death alone dissolved the marriage union.

Some of the FIVE WORD School reason that because the innocent spouse was freed from the unchaste spouse by the stoning to death of the adulterous mate under the Old Testament(Deut.22:22), that that fact indicates that God appar­ently considers an innocent mate loosened from his adulterous partner as truly under grace as under law because such an erring mate is allegedly reckoned be­fore God to be as good as dead when he commits the immoral act.  Accordingly, the securing of the bill of divorcement from the state is taken to be but a perfunctory requirement to certify before men what has been previously accepted by God before heaven.  By such a principle a spouse would today consider herself free from her marriage bond when her mate was thrown into life imprisonment for first degree murder because the Old Testament would have required the death penalty (Deut. 19: 11- 12) as do many states in our country today.

If the stoning of an adulterous mate in the Old Testament provides a principle for the dissolution of such a union in both Old and NewTestaments alike, then by the same token. parents today may consider themselves free from further respon­sibility for their incorrigible child (Deut, 21: 18-21).  Indeed, if liberal divorce theology is correct in its reasoning at this point, a parent of today is automatically released from further obligation to a child as soon as he manifests the character described above, for under the law he would have been stoned (Deut.21:21), and would thus cease to sustain any relation to the parents.  See more detail on the subject of this paragraph in the Appendix on pages 176 and 177.

Such a principle as the above would also mean that no unmarried fornicator, although converted to Christ, should be privileged to marry under grace, for al­though living in the new dispensation, he should be stoned to death, and is,there­fore, as good as dead to the privileges of marriage ( Deut.22:22-27). There is not a vestige of Scripture in the New Testament supporting such a teaching.  To the contrary,  Acts 13:39 assures such an individual that he may be justified from his sin by faith in the Saviour, the Lord Jesus Christ (Acts.13:39; I Cor,6:9-II). Christ did not, in Matt. 5:32 or elsewhere, state that when a wife or husband committed adultery the innocent mate should not forgive such an one and perpet­uate the union, or that he should marry his unchaste spouse over again because the adulterous act had automatically disolved the union.   Indeed, the union of such mates is still intact.  Adultery, therefore, does not dissolve the bond of marriage.   Christ does not say that it is a sin to forgive an unchaste mate and continue to live with him or her,  but this would be true if adultery automatically dissolved the union as many of the FIVE WORD School allege.

If it be true that adultery dissolves the marriage bond, then it would be wrong for a spouse to live with his unchaste mate for a single day. Happily, the Scrip­ture does not support such a thought.   If adultery dissolves the marriage union, then a man might cease to be married and not know it if his mate secretly committed adultery.   In that case, he would be committing adultery by living with an unmarried woman !!

(Andrew Telford: Why No Divorce.   Philadelphia, Berachah Church, n.d.)

A premium is put on adultery if it severs the marriage bond; a spouse unhappily married would thereby be encouraged to commit adultery or to make a pretense of committing it.

The above establishes the fact that it was not adultery, even under Moses, which dissolved the marriage union, but the stoning of the adulterer. Indeed, so long as the adulterous person lived, the marriage was, intact.  The severity of the law of Moses provided for the cleansing of the land of Israel from adulterous people through stoning.  Under grace, the adulterous spouse is given anoppor­tunity to get right with God by an extension of life.  His period of probation is lengthened because of Calvary.

The putting to death. of the adulterer or adulteress was not specifically for the purpose of releasing innocent mates to marry other spouses; it was to free the land of such pollution lest such evil become a destroying cancer in the society of Israel.   The Scriptures (Deut. 22 :22, 24) speak of the purpose of the putting to death by the nation of such immoral men and women in this fashion:

So shalt thou put away evil from the land.

If the FIVE WORD School insists that adultery dissolves the marriage bond, it is pertinent to ask why the union should not be destroyed for other flagrant sins which, in similar degree,   destroy the fidelity of one spouse to the other.   Some examples of such are persistent cruelty. criminality, and neglecting to support the spouse and home because of drunkenness or gambling.  It is important to remember that an isolated act of infidelity may be the result of a momentary pas­sion; but cruelty, neglect, or desertion are deliberate.  Certainly these must de­stroy the marriage bond even more effectively than adultery from the standpoint of human reason.   How can one answer this?   To such a question there seems   to be no satisfactory answer.

(Kenneth E. Kirk: Marriage and Divorce. 2nd ed. London, Hodder andStoughtonLtd.,1948, p.84).

The idea that adultery is the cause that breaks the marriage union   arises out of the fact that there is an overemphasis on the sexual side of marriage in this adulterous generation. It is made the focal point of the happiness of marriage, a kind of marital recreation. Rather, marriage is a vocation, a high call­ing from God for a purposed, life-long union in outpoured (agape) love, regard­less of the unworthiness of the mate.  Such love is Christ’s love, and has He not asked God’s children to love their mate as He loved the Church(Eph.5:25) ?  A marriage which is built upon and centered in sex is bound to come to grief. Even modern psychologists are deeply aware of this fact.

Many actors of the movie world, who have been divorced and remarried a num­ber of times are, as Billy Graham has said, ”living in adultery, ” even though their several marriages have been legalized by some state’s divorce laws.  The probability is that many of these people could have obtained a second, third, fourth or fifth divorce on the grounds of FIVE WORD theology, for does not this school permit one to divorce an adulterous mate and marry another?  And does not this school permit a mate to marry another when his spouse has married again?  The Hollywood practice of divorce and remarriage will be the practice of many in evangelical churches which adopt FIVE WORD divorce doctrines. This is prov­en by the fact that today so many professing, divorcee Christians are marrying again contrary to Scripture (Luke 16: 18), because they are strongly encouraged to do so by the loose divorce doctrines and practices of the majority of Protestant churches.   Not a few of these churches are evangelical in their profession of faith.

Indeed, men and women can secure bills of divorcement nullifying their mar­riages under state’s laws which permit them to marry again, but Christ did not permit men to do so.  And what Christ forbids as unrighteous cannot be made righteous by man!  Certainly Christians should not presume to secure divorces for remarriage from offices of a state when the divine government of God forbids it. A divorce parchment under Moses was important; it is not so under Christ.  He does not make allowance for any document which will dissolve a marriage for any cause.

Christ’s position is supported by the Lord’s action in the Old Testament (Jer.3: 1,8, 14).  Verse one states that the LORD pleaded for his adulterous wife to return, contrary to the provision in the divorce permission of Moses (Deut.24,4). Verse eight shows that He had given Israel a bill of divorcement for her adultery in accordance with His permission to Israel under Moses, but verse fourteen states:

Turn, O backsliding children, saith the Lord; for I am married unto you.  (A.V.).

Return, O backsliding children, saith Jehovah: for I am a husband unto you (R.V.).

 

The LORD of the Old Testament acted in keeping with the statement ofthe LORD Jesus of the New Testament.   He said:

Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so (Matt.19:8).

 

Note that the LORD did not look upon the bill of divorcement as the dissolu­tion of His marriage union with Israel, The FIVE WORD School replies that this statement in Jeremiah is but an analogy. That is right; it is a true analogy, and the principle still holds. However, was not Israel married to the LORD?  ls idolatry,  the spiritual sin of adultery, less evil than the physical sin of adultery?   Is it less evil to play the harlot with God than with man?

True, the LORD put away Israel and gave her a bill of divorcement because she was a harlot (Jer. 3: 1, 8) and had many lovers; but so much did He love her that He did not close the door to her return by dissolving the marriage by a di­vorce parchment, for as noted above. He said that He was still married to her, and that He was still her Husband.  He remained true to her although she long continued unfaithful to Him.  He asked that this message from His heart be con­veyed to her:

Return, thou backsliding Israel, saith the LORD; and I will not cause mine anger to fall upon you: for I am merciful, saith the LORD, and I will not keep mine anger forever(Jer.3:12).

The FIVE WORD School persists in viewing the reaction of men (spouses)to ADULTERY as seen under law. Christ would have us view the sin of ADULTERY and our reaction to it as seen under grace.

No trespass offering was provided for the sin of adultery under law; thank God,it is otherwise under grace.   See Acts13:39:

And by him [Christ] all that believe are justified from all things, from which ye could not be justified by the law of Moses.

 

The LORD Jesus said:

 

Pray ye…and forgive us our debts,  as we forgive our debtors…For if ye forgive men their trespasses your heavenly Father will also forgive you; But if ye forgive not men their trespasses, neither will your Father forgive your trespasses (Matt,6:9, 12, 14,15).

 

Nowhere in Scripture does God fix for the race, as a whole, a period of so many weeks, or so many months, or so many years for them to repent of theirsin before He will be reconciled to them.  He is already reconciled to sinners who offend Him.

 

God .. . hath reconciled us to Himself by Jesus Christ, and hath given to us the ministry of reconciliation:  To wit, that God was in Christ, reconciling the world unto Himself, not imputing their trespasses unto them (IICor.5:18,19).

 

God is reconciled to sinning men before they even turn to Him. He waits for them to accept His reconciliation and forgiveness, and does not in the meantime close His door of grace to them by fixing a universal period of five weeks, or five months, or five years, or twenty years during which they must come or forfeit the reconciliation which He offers.   Christ bids us follow the LORD’S example.­

Therefore if thou bring thy gift to the altar, and there rememberest that thy brother hath ought against thee: Leave there thy gift before the altar, and go thy way; first be reconciled to thy brother, and then come and offer thy gift   (Matt. 5:23, 24).

If he refuses your readiness to be reconciled to him, should you close the door of reconciliation to him? This a spouse does by divorcing an adulterous mate and then marrying another.  Reconciliation is henceforth impossible.  Happily, God does not shut the door of reconciliation to a backslidden, worldly Christian who is considered an adulteress in His sight (James4:4).  God grant that the so-called innocent party may be as longsufferingl

The Word of the LORD of Israel and of the Church is:

A new commandment I give unto you. That ye love one another; as I have loved you,   that ye also love one another (Jn. 13:34).

May a Christian forgive another before he repents and personally acknowledges his wrong? What did Jesus say?

And when ye stand praying, forgive if ye have ought against any: that your Father also which is in heaven may forgive you your trespasses (Mark 1l:25).

A true Christian forgives one who has wronged him before such a one even asks him for forgiveness. He is reconciled to him, like His Lord, before he returns to acknowledge his offense.

Back to Chapters III and IV

Continue to Chapter VI

Appendix

FB profile 7xtjw SIFC NoteRev. Wells is comprehensively on target here with monumentally important forgotten and ignored truth that would revolutionize churches today if the heresy of “biblical” grounds was contritely repented of, and practices changed accordingly, so as to no longer offend a holy God, and perhaps even obtain His last-minute mercy for our nation and government.  He does, however, make two points that do not have biblical support, or that directly contradict the biblical principles he is righteously advocating.  These bear specific cautionary mention:

(1) on page 27 of the physical book he states (while referring to Jeremiah chapter 3 text):  [ “Verse eight shows that He had given Israel a bill of divorcement for her adultery in accordance with His permission to Israel under Moses…”]
(We note that there does not seem to be support anywhere in scripture for any inference that God “approved” of Moses’ expediency, and in fact, Jesus’ mention of it in Matthew 19 seems to take a disapproving tone, to the careful reader.   Additionally, we shall see whether materials in the Appendix deal with the very narrow cultural circumstance relating to the Jewish betrothal period to which Deut. 24 actually applied.  This is not mentioned in the chapters of Rev. Wells’ main text.)

(2) on page 29 of the physical book he states:  [“If he refuses your readiness to be reconciled to him, should you close the door of reconciliation to him? This a spouse does by divorcing an adulterous mate and then marrying another.  Reconciliation is henceforth impossible“. ]
(Wells does not state why he made this remark, so we shouldn’t speculate, but if that which he has so meticulously supported with faithful principles of scriptural interpretation for the first five chapters is fully true, then neither the civil divorce nor the second or any subsequent marriage is valid in God’s eyes, and remains a state of continuous adultery subject to the loss of inheritance in the kingdom of God reiterated in 1 Cor.6:9, Gal. 5:21 and Heb. 13:4.   Rev. Wells seems to be stating a presumption while not (here) offering any scriptural support for it, which seems a bit unreasonable in light of all the arguments he has so authoritatively made.  It could be as simple as his personal doubt that a once-adulterous mate would ever be convicted by God to stand for their covenant marriage, once the spouse they wronged had entered an adulterous remarriage.  He could be implying that physical termination of the ongoing remarriage adultery, with reconciliation / restitution toward the only true spouse God recognizes would be “compounding the sin”.   If so, then soul matters less than the appearance of propriety and man’s sensibilities.   He seems to be also forgetting that “nothing will be impossible with God”, and that it is God who pursues a wandering spouse and changes the hearts of both spouses, unbound by any such circumstances.
To be fair, Rev. Wells did not live long enough to see such reconciliations and restorations start to very frequently occur in the faithful church, nor the prevalence arise in unmarried cohabitation entrapping spouses and producing children–as immorality proliferated far more than he could ever have envisioned prior to the unilateral divorce regime implemented in the last 5 years of his life.   He did not live to see how much more rapidly the resulting foundationless subsequent civil-only “marriages” fell apart than did the forsaken covenant marriages.  He did not live to see the move of God where disciples become convicted upon discovering they had married someone else’s spouse by these very standards, and they voluntarily exit the adulterous union.   In recent practice, neither a non-covenant “marriage”, nor non-covenant children in such a “marriage” has proved to be a permanent barrier to reconciliation of covenant spouses to the only valid marriage in God’s eyes. )

 

 

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

 

Book Series – Chapters III and IV – DOES DIVORCE DISSOLVE MARRIAGE?

REVEREND MlLTON T.WELLS  (1901-1975)

EASTERN BIBLE  INSTITUTE

GREEN LANE,  PENNSYLVANIA

1957 – (Public Domain)

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FB profile 7xtjwNote by Standerinfamilycourt:    Rev. Wells was an Assemblies of God Pastor and served as President of the Eastern Bible Institute in Pennsylvania,  now known as the University of Valley Forge.

Our Lord Jesus Christ would have called his scholarly work, with its rigorous application of all the principles of hermeneutics to the scriptural texts on marriage “faithful”.

The author uses the term “Five-Word-School”  for those who reject Christ’s teaching, centered around Luke 16:18 and other scripture, that the marriage covenant is dissolved only by the physical death of one of the spouses; those who instead prefer to center their view around Matthew 19:9 according to the Erasmean / Lutheran / Calvinist rendering, in such a way as to contrive a “biblical exception” (except-it-be-for-fornication) to justify remarriage after civil divorce.  

 

CHAPTER III  –  THE POSITION OF THE FIVE WORD SCHOOL

 

A.   The Five Word School Builds a Doctrine of Divorce on One Text

 A  group of believers today as in the past, insist that the Scriptures teach the right of an “innocent party” to put away his adulterous spouse and marry another even though that mate is still living.  This group admittedly build their doctrine on one  isolated text, namely, Matt. 19:9 (A. V.)  and more specifically on five words (as in the Authorized Version) of the text.  Certainly it is fair and approp­riate that they be called the FIVE WORD School of Divorce, for without this text, and particularly its exceptive clause of  five words as stated in the Authorized Version,   they would have no support for their doctrine.

Rather than first collating all the divorce texts and then making an objective study of each before deducing a doctrine from their general tenor, the FIVE WORD School proceeds on the assumption that Matt.19:9(A.V.) alone provides the answer to the problem of the right of an innocent party to divorce an adul­terous mate and marry another while the first mate is still living.

Instead of bringing this text into the light of all the texts bearing on the sub­ject, they bring all the texts bearing on the subject into the light of their biased interpretation of Matt. 19:9 and insist on interpreting all other divorce texts strictly in its illumination. It is amazing that they presume to interpret the MANY texts in the light of the ONE text and not the ONE in the light of the MANY,  which has been the method of the Church of Christ over the centuries. Certainly this same group of evangelicals do not follow this method of interpreta­tion in other areas of Christian doctrine. They would be among the first to re­pudiate and decry teachers of cults who follow the principle which they them­selves pursue in arriving at their doctrine of divorce.

The reasoning of the FIVE WORD School is very much like the reasoning of ad­vocates of evolution. The latter start with the premise that evolution is true, and therefore conclude that the facts of biology, geology, and paleontology must support the doctrine of evolution. The FIVE WORD School starts with the premise that its distinctive interpretation of the one isolated text, Matt.19:9(A.V.), is conclusively proven and therefore, all other divorce texts of the Bible must fol­low the same interpretation, namely,  that all innocent parties have the right to marry another upon divorcing their adulterous spouses.  To a legally trained mind, this kind of reasoning is like a lawyer’s brief drawn to support his pre-determined conclusion.   Indeed they reason in a circle, for they use the conclusion to prove the premise.

Charles F. Kettering of the General Motors Corporation once said, “I have a friend who gave me a definition for logic.  He says logic is an organized pro­cedure for going wrong with confidence and certainty.”  This statement con­tains more truth than humor.  How careful, therefore,  must any teacher be in developing a statement of doctrine.  Certainly he must eschew the method of building a doctrine on an a priori postulate, or the teacher himself may bede­ceived by his own presumed logic. The greater peril will be that multitudes may follow the self-deceived teacher to their temporal and eternal sorrow.  The danger will be especially grave for those who follow an erroneous doctrine of divorce, for such may lead them to commit the sin of adultery, which precludes entrance into the kingdom of God  (I Cor.6:9,I0).

If the FIVE WORD School’s exegesis of Matt. 19:9,  standing by itself, were seemingly correct, it would still be unsound to interpret all other divorce texts strictly in its isolated light when the preponderance of Scripture states a position which sharply modifies what appears superficially to be the meaning of Matt. 19:9 (A. V. ). John Owen once said. “Error under the notion of truth takes firm root in the carnal mind.”  May God sanctify our minds that they may be kept free from error.

How scripturally poor must be a doctrinal school which insists on resting its case on ONE principal text when there is a preponderance of texts presenting the doctrine in a totally different light. It cannot claim that it has two texts upon which to rest its case because Matt.5:32 does not specifically declare that one has either the right to divorce an adulterous mate or to marry another when such a one has been put away. This point will be discussed more fully under the treatment of Matt.5:32.

Some members of the FIVE WORD School unwittingly admit the scriptural weakness of their position by accepting and appealing to some or all of the false assumptions which follow, and many more which will be discussed at some length in the Appendix under the heading A CHARGE TO THE JURY OF READERS.  There are twenty-one points under this section in which the writer has presented the major objections of the FIVE WORD School to the position of the Conservative School and has there given an answer to them.

 

B. Five Erroneous Postulates of the FIVE WORD School are Stated

The doctrine of divorce of the FIVE WORD School appears to be based chief­ly on five major erroneous postulates relating totext (Matt. 19:9, A.V.).  They follow:

I. The assumption that because the Pharisees understood the word divorce in Matt.19:9 to mean what it meant in Deut.24:1-4, namely, to dissolve a mar­riage, therefore Matt. 19:9 obviously teaches that an innocent party may dissolve his marriage for adultery and marry another.

2.   The assumption that the exceptive clause of Matt. 19:9 (A. V.) must modify the clause, ”and marrieth another,”  which immediately follows it, thus permitting an innocent spouse to dissolve his marriage and marry another.

3. The assumption that the Greek text which supports Matt.19:9 (A.V.) has been proven beyond any possible doubt to be the finally approved text, despite the fact that no true textual scholar would presume to make such an assertion and de­spite the fact that many outstanding Greek scholars have believed the variant reading, which is in complete accord with the context of the text in question, to be the more accurate one.

4.  The assumption that one principal divorce text Matt. 19:9(A.V.) must scripturally settle the right of an innocent party to divorce an adulterous mate and marry another.

5. The assumption that the almost intolerable situation of many remarried divorcees who profess Christ as their Saviour necessitates a liberal view of Matt.19: 9 , permitting at least the innocent spouse to marry again while his former mate is still living.

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CHAPTER IV –  A SURVEY OF THE SEVEN PRINCIPAL DIVORCE TEXTS OF THE NEW TESTAMENT

A specific item of evidence might,if taken by itself, prove an innocent man to be guilty, whereas the accumulated evidence that might be painstakingly in­troduced in a court, when viewed as a whole, would prove the seemingly guilty one to be innocent.

The proof of God ‘s existence does not rest on one or two evidences but on many evidences.  Any of the several evidences would not prove that the God of the Bible is, and is the Creator of the Universe, but the cumulative evidence from many sources within and without the Bible establishes that fact.

The cumulative evidence, both within and without the Bible for the Conservative view of Matt.19:9 seems to the author of this book, and to many others who have read it, to be conclusive.  It has been stated that a doctrine cannot beac­cepted as true unless it has been established beyond reasonable doubt. In that case, a far greater burden of doubt lies with the FIVE WORD School’s position than with the Conservative position. The pages which follow will establish that fact.

The cumulative evidence will show that the exceptive clause of Matt.19:9 and the exceptive clause of Matt. 5:32 do not grant an innocent party the right to marry another if his mate should commit adultery.

A.  Five Texts Which State That One Who Is Married   May Not Marry Another While His First Mate IsLiving

Mark 10:11,12; Luke 16: 18; Rom. 7 :2, 3; I Cor. 7: I I; I Cor.7:39.

With the five texts above and the two texts which immediately follow, we have the seven principal divorce texts of the New Testament. The text of  I Cor.7: 15 will be treated in the Appendix. The great divorce passage (Deut. 24: 1-4) of the Old Testament will be treated also.  It will be shown that it  has been ab­rogated by Christ.

B.  Five Texts Which State That One Who Marries Another While His Former Mate Is Living Commits Adultery.   They follow under two heads.

  1. Two Texts With Exceptive Statements Which State That a Divorced, Chaste Wife (An Innocent Spouse) Commits Adultery in Marrying  Another.

Matt. 5:32and 9:19

A statement of Ralph M. Riggs, General Superintendent of the Assemblies ofGod (1956),   is pertinent here:

There are seven New Testament scriptures on the question of divorce and remarriage.    In five of them (Mark I0:11;  and also verse 12; Luke 16:18; Rom.7:3;I Cor.7:11,39) the  Lord and the Holy Spirit definitely and unequiv­ocally forbid remarriage after divorce. Separation is allowed on the ground of fornication and (if the initiative is taken by the unbeliever) upon the ground of incompatibility because of one being a Christian and the other not. But in no one of the five mentioned scriptures is remarriage ever permitted but in all is distinctly forbidden.  In Matt.5:32 and 19:9 statement is made that no one shall put away his wife  save for the cause of fornication, and the state­ment continues that whoso shall marry herthat is divorced committeth adultery. To some people the inference is carried here that if an individual di­vorces another because of fornication, he or she is then free to remarry.  If there were no other scriptures than these in Matthew, such an inference might be taken and such a position maintained,   However, these twoscriptures al­ lowthis position only on inferential ground, and neither makes a positive statement that any divorced person may remarry.  In all of the five scriptures (referred to above) the absolute and positive statement made that remarriage is always forbidden. The two passages in Matthew must therefore be inter­preted as consistent with the teaching of the other scriptures.  It is only thus that we can get the tenor of teaching of God’s Word and arrive at a final un­derstanding of its laws. Thus, taking all seven of these scriptures (all that are given us in the New Testament) we come to the inevitable conclusion that al­though separation is allowed under some circumstances, remarriage while the former companion is  living is never allowed.  This is the law for Christians.

(Ralph M. Riggs: “Standards of Membership …” The Bulletin of the Illinois Dis­trict of the Assemblies of God,   (June   1953),   Springfield, Illinois.)

 

2. Three Texts which State That He Who Puts Away His Mate and Marries Another Commits Adultery, and She Who Is Put Away as a Chaste Mate Commits Adultery If She Marries Another.

 Mark 10: 11, 12; Luke 16: 18; and Rom, 7:2,3.

An extended, chronological treatment of the seven principal divorce texts of the New Testament follows in the succeeding chapters.

FB profile 7xtjw SIFC:  Can an adulterous relationship ever be converted to holy matrimony just by civilly divorcing to in order to legalize?   Find out in Rev. Wells’  Chapter V discussion of Matt. 5:32, next….

Back to Chapters I and II

Continue to Chapter V

Appendix

 

 

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

 

 

 

 

 

 

Book Series – Chapters I and II – DOES DIVORCE DISSOLVE MARRIAGE?

REVEREND MlLTON T.WELLS  (1901-1975)

EASTERN BIBLE  INSTITUTE

GREEN LANE,  PENNSYLVANIA

1957 – (Public Domain)

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FB profile 7xtjwNote by Standerinfamilycourt:    Rev. Wells was an Assemblies of God Pastor and served as President of the Eastern Bible Institute in Pennsylvania,  now known as the University of Valley Forge.

Our Lord Jesus Christ would have called his scholarly work, with its rigorous application of all the principles of hermeneutics to the scriptural texts on marriage “faithful”.

The author uses the term “Five-Word-School” for those who reject Christ’s teaching, centered around Luke 16:18 and other scripture, that the marriage covenant is dissolved only by the physical death of one of the spouses; those who instead prefer to center their view around Matthew 19:9 according to the Erasmean / Lutheran / Calvinist rendering, in such a way as to contrive a “biblical exception” (except-it-be-for-fornication) to justify remarriage after civil divorce.  

 

CHAPTER I  –  WHAT CONSTITUTES MARRIAGE?

The true definition of marriage is given by Christ in Matt. 19: 1-12 and Mark in 10: 1-12.  These passages will be discussed detailedly later in this book.   Christ based his ·definition of marrlage on the principles laid down “from the beginning”,  as described in Genesis 2: 21 -24. These principles did not permit polygamy “from the beginning.”  The man, of his own choice, was to “leave his father and mother”  and “cleave unto his wife” and the Scripture adds, “they shall be one flesh.” The taking of the wife was to be for life, for Christ said:  But   from the beginning of the creation God made them male and female. For this cause shall a man leave his father and mother, and cleave to his wife; and they twain shall be one flesh; so then they are no more twain; but one flesh.  What therefore God hath joined together, let not man put asunder   (Mark 10:6,9).

The underscored words can leave no doubt that it was God’s intention from the beginning that man should have but one wife at a time, for the Scripture above states that the husband shall “cleave to his  wife” not to his wives.  Such a union of a man’s choice is a union which “God hath joined together”; as we shall see in the study of the harmony of Matt. 19:1 -12 and Mark 10: 1- 12.  Indeed it is not man but GOD who joins husband and wife together as one.  Neither the clergy­man nor the justice of the peace ties the knot. Marriage is not of civil political or human origin.  It was instituted by God in the Garden of Eden when God joined Adam and Eve as husband and wife.  God has not given any government the right to legislate any matrimonial laws contrary to His revelation.  Those who circum­vent the true laws of marriage by adopting the human laws of marriage will an­swer for it at the eternal judgment bar of God Almighty.  Any judge who dis­solves a marriage is dissolving it contrary to the law- of God and will himself answer before the ­true Judge of all men for his action.   Any minister who marries anyone to a divorcee who has a living mate will himself answer in eternity for participating in the sin of adultery for allegedly joining together those whom Christ has forbidden to be husband and wife.

Marriage is more than cohabitation between a male and female.   Christ’s statement in John 4: 17, 18 proves that fact, as do the many Scriptures of the Old Testament which affirm that an unlawful union of a single man with a single girl is fornication.   If,  however, one party to the unlawful union is married,  sin is called adultery.   The passage In John follows:

The [Samaritan] woman answered and said, I have no husband. Jesus said unto her, Thou hast well said, I have no husband.  For thou hast had five hus­bands; and he whom thou now has is not thy husband; in that saidst thou truly.

Some have supposed that physical union of itself constitutes marriage.   Christ’s above statement, “he whom thou now hast is not thy husband” makes it exceed­ingly clear that this is not so. It seems that she was a divorced and remarried woman because the men with whom she had earlier lived were called “husbands” by Christ.  It is unlikely that the five husbands died one after the other prior to her marrying the succeeding one. The spirit of the passage indicates that he was dealing with a dissolute woman who freely divorced one husband for another. The man with whom she now lived was not her husband despite the fact that she had married him.   Hollywood has many such women.   Indeed, marital union consummates marriage; however. the union is entered before that.   Adam took Eve to be his wife before he cohabited with her.  And the rib, which the LORD God had taken from man, made he a woman, and brought her unto the man,  And Adam said, This is now bone of my bones, and flesh of my flesh (Gen. 2:22,23a).    Note that Adam spoke of Eve as bone of his bone and flesh of his flesh (ONE FLESH) before he went in to her. This was true because her body was made of his body, her flesh of his flesh; and this was obviously before coitus.  In this light a woman becomes a man’s wife from the time  that he publicly takes her, law­fully before men and lawfully before God, to be such.  Any other view is both unscriptural and unacceptable to all serious thinking individuals, whether Chris­tian or non-Christian, To accept another view is to accept promiscuity, prostitution, and polygamy with all their polluting and degenerating customs, vile prac­tices, and evil consequences. No thinking parent would want his son or daughter to become a victim of such a society. The all-wise God provided that marriage should be socially and morally exalting by making it a life long union before God and man.

Other Scriptures show that both in the Old and New Testaments a betrothed woman was considered to be a man’s wife before marriage was consummated in coitus. See pages 61 through 62 for a more detailed discussion of this matter. The fact that a man who cohabited with a betrothed damsel (against her will) was put to death under Moses indicates that fleshly union did not of itself con­ stitute marriage; neither is there a suggestion in the Scripture (Deut, 22:25) that such a young woman was not still the wife of her husband despite her unfortunate and grievous experience,  In fact, the young man in question would not have been put to death had she been an unbetrothed damsel (Deut.22:28, 29).  Deut.22 :24 states that the man who commits fornication with a damsel that is be­trothed has “humbled his neighbor’s wife.”  Matthew’s Gospel confirms muchofthe above. Joseph was deeply distressed that Mary, the virgin, was with childbefore he cohabited with her. He would have “put her away priv!ly (Matt. I :19) had not the angel of the Lord appeared unto him and said, “Joseph ..fear not to take unto thee Mary thy wife; for that which is conceived in her is of the Holy Ghost” (Matt. l :20).  Verse 24 adds, “Then Joseph being raised from sleep did as the angel of the Lord had bidden him,and took unto him his wife…There is no doubt, therefore, that a betrothed woman was known in a Biblical sense to be the wife of a man before he “knew her” in the intimacies of consummated marriage. Even in modem society a woman is known and recognized as a man’s wife immediately after the wedding ceremony before coitus.  In fact, should such a husband be killed on the same day before coitus. the wife would have legal rights to a wife’s share of his property. This is common to the laws of most Western nations.  A man or woman cannot expect to be (nor are they later) properly united when they take their vows of matrimony unless they expect to give to each other conjugal rights.

The Biblical idea of marriage provides for a stable home and the interests of the children of that home .It is not a mere human contract which may be scrapped whenever one or the other may choose.  Such a contract would permit divorce by withdrawal of either spouse from the contract upon dissatisfaction with the man­made union. The tiny sect of early Christians were in the midst of a society which practiced that kind of marriage. They were bold to teach and practice Christ’s teaching respecting marriage and, as a result, revolutionized marriage in the civilized world in subsequent generations. The early Church created a new conception of a monogamous lifelong marriage.  It insisted that such was God’s law and that its members conform to that belief. The fact that their be­lief and practice transformed society’s view and practice of marriage throughout the civilized world can only be accounted for by the fact that it came from the teaching of the divine  Lord,  It is not strange, therefore, that for many genera­tions most Christian churches have had within their marriage ceremony, at leastin substance, the following words:

I, B.,take thee C. .to be my wedded (wife)(husband), to have and to hold, from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish till death   do  us part,  according to God “s holy ordinance; and thereto I plight thee my troth,

Unregenerated men of the day teach that when the partners cease to love one another, marriage may cease. Christ, to the contrary, taught that when sentimental love ceased to be felt, the marriage union continued. In fact, the Scrip­tures are plain; the union of a male and female is a real marriage whether or not”falling in love” was the origin of it.  Adam did not find his wife; God brought her to him.  Isaac had no opportunity to “fall in love” with Rebekah; she was chosen by Abraharn through Eliezer for his son.  Such arrangements were common in Bible times and are common today over a large part of the world. Indeed, love may exist apart from marriage and marriage apart from love.   Hollywood has debased and prostituted the meaning of love. They have given it a purely sensual and selfish meaning. The movie world suggests that when you become “fed up” with the girl you married, you may drop her, because you are  no longer gratified with her.  Sex is the center and circumference of marriage on the screen, and.unfortunately the screen in theater and home has set the stand­ards o f marriage for a very large segment of American society and has subtly in­filtrated the thinking and standards even of evangelicals.

There are three Greek words for love: eros , philia, and agape.  The first is centered in sex and sex atttaction. It seeks its lover for its own gratification and fulfillment.  The second, philia, is the word which best explains friendship. It means a mutual sharing of common interests, attrations and ideals.  Each lives for the other while the other is loyal and true.   It is based on reciprocity.  I love you for you fondly love me.”Let the fondness of either of the two cease and the philia ceases to carry through.   The last of the three words, has within it the spirit of altruism. and selflessness. The word describes the love of  God which is commended to mankind in spite of his sinfulness. adulteries, dishonesties, hates, bitternesses, infidelity, and unfaithfulness.  SeeRom.5:6-10.  Gods aid to Israel,

“I have loved thee with an everlasting love: therefore with lovingkindness have I drawn thee” (Jer.31:3).

The last kind of love (agape) Christ expects to be existent in marriage. “Hus­ bands, love your wives.   Even as Christ also loved the church, and gave himself for it” (Eph.5:25). This kind of love persists in showing itself to one who neither merits nor deserves it.   True, the love of eros and philia are not superseded by agape; they are enriched and dominated bythe latter which is God-like.  The spouse is loved for his or her own sake and for God’s sake.  Human standards of love are set aside for God’s.   Marriage in this sense of love as instituted at the beginning is lifelong and exclusive.  It Is indeed, in the sight of heaven, indis­soluble!

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CHAPTER II  –  BASIC RULES OF SCRIPTURAL INTERPRETATION WHICH ARE UNIVERSALLY ACCEPT BY EVANGELICAL CHURCHES OF THE PAST AND PRESENT

A.  Maxims and Principles of Interpretation Follow

Bernard Ramm presents the following in his text entitled,  Protestant Biblical Interpretation:

(Bernard Ramm:   Protestant Biblical Interpretation.   Boston, W. A. Wilde Company, 1950, pp.78-96)­

A  LIST OF GENERAL HERMENEUTICAL MAXIMS

( I) The Bible is to be interpreted in view of the fact that it is an        accommodation of divine truth to the human mind.

(2)  We must interpret the Bible with the realization that it is a progressive revelation becoming more clear as it nears the completion.

(3)   Our interpretations must keep a sound historical basis,  i.e. our inter­pretatlons must not create an historlcal blunder.

(4)  In our interpretation we must discover the meaning of a            passage, not attribute one to it a priori.   Happy is the man who can approach his Bible as free from predilections, prejudices, and biases as it is possible to do, humanly speaking. Too often the Bible is approached with stock­ in·trade or mere traditional interpretations.   But the task of the inter­preter is to determine the meaning of the Bible, not to verify his preju­dices.

(5)   Give preference  to  the clearest   and   most   evident   interpretation of a passage.   Frequently the interpreter is confronted with two equally probable interpretations as far as grammatical rules are concerned.  One is a strain upon our credulity. while the other makes good sense. We are to choose that one which makes the best sense and imposes the least strain on our credulity.

(6)  No statement should be interpreted as having  more  than one meaning unless unusually strong reasons warrant.   One of  the most persistent hermeneutlcal sins is to put two interpretations on one passage of Scripture breaking the force of the literal meaning and obscuring the Word of God.

(7)   Interpretation is one; application is many.

(8)  Interpret the Bible harmonistically. This Is based on the belief in the veracity of Scripture. Therefore, the Christian interpreter seeks to in­terpret the Bible free from all contradictions.  He will sympathetically endeavor to adjust all parts of the Bible to each other so there will be a consistent system.

(9)  Everything  essential in Scripture is clearly revealed,   This principle maintains that if a truth is an essential teaching of the Bible we need not scour the Bible to find it, nor will it be taught In one passing reference. ….The basic manner in which this principle is violated is as follows: a certain point of theological debate arises and its scriptural­ness is questioned.   The defender of the view then proceeds to find a verse or passage that has a verbal or perhaps even conceptual reference to his doctrine.   The defender proceeds to invest the verse or passage with the doctrine o r dogma he is defending.  Having found a peg on which  to  hang his doctrine. he considers it Scriptural.

We may consider something Scripturally proved when the very body of the concept is found in the Bible itself; not when we can find a peg to hang a doctrine upon.

( 10) All interpretations must be grounded in the original languages if they are to pass as accurate and factual interpretations.

(11) Ignorance as to the meaning  of some passages  must be admitted.

(12) Obscure passages mu:st give right of way to clear passages. There is the danger and temptation to invest a passage of very dubious meaning with far greater content than it will bear.

(13) Check all interpretations by referring them to secular studies,  a doc­trinal system, and the great efforts of the past.

(14) Finally, the Old Testament must be continuously searched for help in interpreting the New Testament

(Lewis Sperry Chafer: Systematic Theology, Vol. I. Dallas, Texas, Dallas Seminary Press, 1947. p 8);

Leading theologians of the day accept the following as a fundamental prin­ciple of interpretation:

Induction is distinctly the scriptural method of interpretation. Such in­ductions are imperfect when some but not all the texts bearing on a given subject are made the foundation of a doctrinal declaration.

The following principle is universally accepted by evangelical teachers:

The consensus of opinion of Bible Scholars is against founding a doctrine upon an isolated verse of Scripture when the preponderance of Scripture states otherwise.  No one should ever attempt to bring the general tenor of Scrip­ture to the terms of an isolated verse, but should rather call the isolated verse to the terms of the broader teaching of Scripture on a given subject.

B.  The Law of Witnesses is Plain.

In the mouth of two or three witnesses shall every word be established (IICor. 13:1).

C. The Treatment of Contexts Is Important.

  1. General Principles of Contexts and Their Abuses

It is also an accepted rule of true interpretation that every text should be understood in the light of its context or contexts. Every verse of Scripture or phrase of Scripture has both a limited context and a general context. The statements immediately before and after a given verse of Scripture which bear on the same subject are its limited context. The position that the text holds in reference to the book in which it is found is likewise important. The general context em­braces both the book in which the text is found and its relationship to the gen­eral tenor of Scripture found in THE BOOK, the Holy Scriptures,  as a whole.

Bernard Ramm has shown the importance of a context in this statement:

Just as a knowledge of each individual word falls to yield the meaning of a sentence and recourse must be made to grammar, so at times when all the grammatical data are known the sentence is still uninterpreted.  For example, the word nature has several major meanings in the English language as a con­sultation of any unabridged dictionary will reveal.  What the word means in any given sentence can only be determined by the context.  So the study of the context takes its place with the study of words and grammar as absolutely is very conscious of contexts.

It is striking that the contexts of Scriptures which support the Conservative School of Divorce are attacked by the FIVE WORD School to discredit their having any validity as a support for texts of Scripture which speak strongly for the Conserva­tive position of divorce.  Examples of the practice of the FIVE WORD School in this regard will follow later.

 

2. Context of Parallel Accounts in the Gospel

A full treatment of this subject will appear under the introduction to the har­mony of the two divorce accounts, Matt. 19: 1-12 and Mark 10:1-12.

D.  The Presumption of Establishing  a  Doctrine upon One Text is Revealed

There is a wide difference of opinion in the Church of Christ between the Ar­minian and Calvinistic schools of theology respecting the eternal security of the Christian believer, yet neither of these schools presumes to build their doctrine upon one text.  Neither do opposing schools, which differ widely respecting their views of the baptism of the Holy Spirit, pre-millenialism, the time of the rapture of the Church, and the doctrine of sanctification, presume to build their doctrine on one text.

Think of the presumption of either an individual or group that would seek to establish a doctrine of the absolute humanity of Christ. to the utter exclusion of his deity, on ONE text,   namely,   I Tim. 2:5:

For there is one God, and one mediator between God and men. the   man  Christ Jesus.

The statement of this text that Christ is a man must be modified in the light of a preponderance of Scriptures which show Him to be deity as well as man.

Think of the presumption of either an individual or group that would seek to establish a doctrine that human teachers are not needed in the Christian Church because of the statement of ONE text, namely, I John 2:27:

 But the anointing which ye have received of him abideth in you, and ye need not that any man teach  you: but as the same anointing teacheth you of all things and is truth, and is no lie, and even as it hath taught you, ye shall abide in him.

The statement of this text that a Christian needs no man to teach him must be modified in the light of a preponderance of Scriptures which show that God has appointed teachers for the Church to instruct others under the guidance of the Holy Spirit.

Think of the presumption of either an individual or group that would think to establish a doctrine of the final restitution of all wicked men on ONE text.name­ly,   I Cor.15:22:

For as in Adam all die, even so in Christ shall all be made alive.

There can be no doubt that this text teaches that all shall be made alive in Christ, but it is and must be modified and qualified by the preponderance of other Scriptures bearing on the subject which show that all men will not have eternal life, but only those who repent of sin and accept Jesus Christ as Saviour and Lord.

Think of the presumption of an individual or group that would seek to estab­lish the right of an innocent party to marry another after divorcing his spouse if he. or they, sought to build such a doctrine on ONE isolated text. namely, Matt. 19:9(A.V.):

And I say unto you, Whosoever shall put away his wife, except it be for fornication, and shall marry another. committeth adultery: and whoso mar­rieth her which ls put away doth commit adultery.

Truly this text appears on the surface to support the assumption of the group of interpreters called the FIVE WORD School, but the preponderance of texts and passages of Scripture teach otherwise, as will be shown in this book.

FB profile 7xtjw  SIFC:  Did Jesus really say anything at all about an “exception clause” as apparently quoted (solely) in the book of Matthew?    Is there such a thing  — or was Erasmus and virtually the entire post-Reformation Church in serious, soul-endangering error?   Have literally millions gone to hell since the 16th  century for unrepented biblical adultery “sanctified” within the church walls?   To get to the truth, we need to dive into some hermeneutical principles, next installment, Chapter IV.

Back to Introduction

Continue to Chapters III and IV

Appendix

 

www.standerinfamilycourt.com

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

 

Book Series: Introduction – DOES DIVORCE DISSOLVE MARRIAGE?

REVEREND MlLTON T.WELLS  (1901-1975)

EASTERN BIBLE  INSTITUTE

GREEN LANE,  PENNSYLVANIA

1957 – (Public Domain)

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FB profile 7xtjwNote by Standerinfamilycourt:    Rev. Wells was an Assemblies of God Pastor and served as President of the Eastern Bible Institute in Pennsylvania,  now known as the University of Valley Forge.   His work would be considered “judgmental”, “legalistic” and “graceless” in many of the Assembly of God churches like the one SIFC belongs to today, and virtually any other evangelical Protestant church in America.

Our Lord Jesus Christ would have called his scholarly work, with its rigorous application of all the principles of hermeneutics to the scriptural texts on marriage “faithful”.    Until 1973,  so did all of Rev. Wells’ peers in the ministry.   Rev. Wells’ cautions in the Preface to this book, of course, went shamelessly unheeded by denominational leadership, and his words predicting the consequences proved prophetic.

The author uses the term “Five-Word-School” for those who reject Christ’s teaching, centered around Luke 16:18 and other scripture, that the marriage covenant is dissolved only by the physical death of one of the spouses; those who instead prefer to center their view around Matthew 19:9 according to the Erasmean / Lutheran / Calvinist rendering, in such a way as to contrive a “biblical exception” to justify remarriage after civil divorce.   It is interesting to read that even with the much-lower divorce rates of the 1950’s, the author even then refers to “a storm center of controversy among evangelical church leaders and other churchmen……especially over the past 3 decades.”   Some men of God will never take Christ’s “no” with a submissive spirit….as an undershepherd concerned primarily for souls above human esteem.

 

FOREWORD

We are living in perilous times. One of the most serious perils of our times is divorce, a danger which threatens the very foundation of our society; the mar­riage institution and the home.   One out of four American marriages breaks to pieces in a divorce court.  So many people are mixed up in their marriage rela­tions today that our social fabric is seriously  weakened.   Sensuality and promis­cuity are all too common in the American scene.   Hell and Hollywood contrib­ute freely of their vulgarity and sin.   These are indeed the days when men have “eyes full of adultery.”

Against this tide of evil the church stands as the only remaining bulwark. It  was reassuring. recently, to have a member of the British royal family stand firmly with her church against the temptation to marry a divorced man.  Certain churches in America also stand resolutely against marriage after divorce.  That  Holiness and Pentecostal churches be among those that resist this evil is properly consistent.  They refuse to countenance easy   divorce and remarriage  after di­vorce for any reason.

Such a position is Scriptural! “Whosoever shall put away his wife and marry another committeth adultery against her.”   Mark 10: 11. In his book, “Does Divorce Dissolve Marriage?” Reverend Milton T. Wells has presented this position in an able manner. He has done the church and its moral standard a real service in this complete and convincing document which he has prepared.  May it bring reassurance and strength to the church and Christians in general as they resist the pressure and help stem the tide of modern laxity and compromise.

Reverend Ralph M. Riggs

General Superintendent

The Assemblies of God

 

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PREFACE

 

The frightening increase of divorce in the past two decades is tragic. Even more tragic is the departure of some evangelical churches from the clear teaching of Christ respecting marriage and divorce.   Today, a large segment of the Christian Church accommodates the Scriptures  to the seeming necessities of di­vorcees.   This compromising practice has led to a vitiated doctrine of divorce with terrible and consequent results.  Indeed, divorcees and their mates need the sympathetic concern of every true pastor, but a church must not build doctrines of divorce to suit the practices of expediency and heart-felt sympathies, neither must such doctrines be adjusted to fit the Christian experiences of these  unfortu­nate lives. Christian experience cannot settle Christian doctrine; Biblical doc­trine alone must determine and qualify Christian experience and the practices and rules respecting the divorce problem within the Church.

God is regenerating the lives of spouses of divorce unions.  This fact however should be no excuse for the Church to alter her doctrine of divorce. To do so will increase the rate of divorce and remarriage both within and without the Church, and consequently will blight the lives of millions of innocent children now living and yet unborn. The blame for the dreadful increase of divorce is properly laid at the door of the compromising segments of the Christian Church.

The purpose of this book is to draw believers back to an objective study and exegesis of the Scriptures bearing on the doctrine of divorce, that they may see whether Christ did, indeed, teach the doctrine .of the indissolubility of marriage for any cause,

The further matter of the status of converted divorcees  within the Church is treated at considerable length in the Appendix.

The writer is deeply indebted to the following for their substantial help in the preparation of the manuscript:  Paul H. Chappeli. Esq., member of the Maryland Bar; Richard J. Crozier, S. T. M.; Hobart E. Grazier, B. A.; Nicholas Tavani, B.A. and R. E. Watson, B. E. D._, A. M., Ph. D.   It is doubtful that the writer could have completed such a comprehensive treatment of the subject except for the inspira­tion, encouragement, and practical assistance of these brethren, some of whom contributed brief sections which they have permitted the author to include in the text without identification of their authorship.   In addition,   other   anonymous friends generously assisted in preparing the manuscript copy.  A hearty “thank you” is extended to them.

The writer is also grateful for the kind permission of many publishers to quote and print portions of their publications, acknowledgements of which are con­tained in footnotes.

 

INTRODUCTION

Divorce with its attendant evils is one of the most serious blights upon modern society.  Recent statistics reveal that there are three times as many suicides among divorced persons as there are among married people and that more delin­quent children are found in homes broken by divorce than in homes broken by death.  Whenever God’s laws are broken, someone has to pay. Nations and churches are only as strong as their homes. God ordained the family to be the core and strength of the moral and spiritual welfare of mankind; therefore it is important that society know the teachings of the Holy Scriptures respecting di­vorce and remarriage.

All Bible-believing Christians will agree that Jesus did not permit divorce be­tween husband and wife, except in the case of fornication on the part of the one or the other.  The following scriptures leave no doubt about this matter:  Matt. 5:32, 19:9; Mark 10: 1-12, and Luke 16:18.

True evangelicals, however, do disagree as to whether or not the Scriptures teach that a chaste mate may BOTH “put away” his unchaste mate and marry another.  One group of believers, whom we shall call the FlVE WORD School of Divorce, insists that the Scriptures teach that a “chaste mate” may put away a mate who commits adultery or fornication and then marry another while the first mate is still living. The writer of this paper is of the Conservative School, which believes that the Scriptures teach that a “chaste mate” may be separated from an “unchaste mate” but MAY NOT remarry while that mate still lives.  The writer, at the close of this paper, will show that there may even be a grave  doubt as to whether Christ authorized one to DIVORCE an adulterous wife.

Numbers of churches, including some of the older denominations, which in the earlier years of their existence retained rigid views on divorce, going so far as to forbid the right of the so-called “Innocent party” of Matt.19:9 who divorces his “unchaste wife” because of fornication to remarry, have in later years  liberalized  their doctrine of divorce.  Is this a fulfillment of II Thess.2:3. “Let no man de­ceive you by any means: for that day [the day of the Lord] shall not come, except there come a falling away first ..and that man of sin be revealed the son of per­dition..?  Will our denomination follow the pattern of other apostatizing  churches?  God forbid!

Is the more liberal view of Matt. 19:9, and divorce as a whole, based on a bet­ter exegesis and exposition of the sacred Scriptures and is therefore more to be desired for the glory of God.  Should changing moral standards and mores of mod­ern times cause us to re-examine the Scriptures with a direct effort to seek for a more liberal interpretation of Scripture, as it touches upon the subject of divorce and remarriage, so that the Church may more..realistically “establish standards” in keeping with the more universally accepted moral tone of the timesl

It is true that students of either side of a given doctrine are prone to regard only that which will entrench them further in their previous convictions. It is, unfortunately, doubtful whether many students or readers of studies on either side of the interpretation of Matt;19:9 will alter the opinions with which they ap­proached the study of this subject.   It is my hope that the reading of this paper will accomplish two purposes: first, to clarify the thinking and convictions of those who are still uncertain as to which of the two views is correct; and second, to resolve the problem for those who, while they have accepted the conclusions and interpretations of the FIVE WORD School, still have deep misgivings because they know that strong segments of the Christian Church for centuries have held the conservative view of this question, and further, because they realize that a loophole for divorce and remarriage for the one cause of fornication will certain­ly lead to permission for divorce and remarriage for other causes.

The very fact that the doctrine of divorce has been one of the storm centers of controversy among evangelical church leaders and other churchmen for centuries, and more particularly in the last three decades, should impel him who ap­proaches this subject to come humbly with an honest heart and open mind, pre­pared to study diligently and painstakingly all the Scriptures in the Bible deal­ing with the subject.  No easy, snap judgments are in order here. Thorough thinking is needed. Obviously, the Conservative School and the FIVE WORD School of the divorce controversy cannot both be right. Let us, therefore, think prayerfully under God until by God’s grace we truly think God’s thoughts after Him in this great problem of the Christian Church. The Holy Spirit through the Apostle Paul has bidden us:

Study to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth (II Tim.2:15).

An old French writer made an observation in the nineteenth century which is far more true today.   He said that Democratic societies prefer books which may be easily procured, quickly read, and which require no learned researches to be understood …they must have what is unexpected and new.  Accustomed to the struggle, the crosses, and the monotony of practical life, they require  strong and rapid emotions, startling pas­sages, truths or errors brilliant enough to rouse them up and to plunge them at once as if by violence,   into the midst of the subject. I

A. W. Tozer: the editor of the Alliance Weekly, has said:

Our “vastly improved methods of communication” of which the short-sighted boast so loudly now enable a few men in strategic centers to feed into millions of minds alien thought stuff, ready-made and pre-diagnosed.  A little effortless assimilation of these borrowed ideas and the average man has done all the thinking he will or can do.  This subtle brain-washing goes on day after day ad year after year to the eternal injury of the populace — a populace, incidentally, which is willing to pay big money to have the job done, the reason being, I suppose , that it relieves them of the arduous and often frightening task of reaching independent decision for which they must take responsibility.

It is necessary that all who approach the study of this subject do so dispassion­ately, for admittedly there are scholarly and godly men on either side of this question who are deeply convinced that their position is the correct one.  May we come to the Scriptures in the study of this subject, by the help of God, without fixed prior prejudice or bias and without desire to wrest the Scriptures to suit them to the convenience of our denomination’s supposed need,  our seeming ne­cessities, our proclivities, or our carnal sympathies!  Alas, so often one’s expressed thought in a matter of diverse opinion is fathered by what suits his biased wish or apparent necessity rather than by an objective study of the facts in the case.  Most everyone sees the folly of this in others, but all are prone to do thesame thing. How desperately each one who studies this subject needs the illum­ination and direction of the Holy Spirit.  May God help each of us who approach­es the subject of divorce and remarriage to be free from this grave evil which has so many times blighted the Church of Christ. May this question not be set­tled by the traditions of great branches of the Protestant Church, no matter on which side of the question they may stand, for it is a fact that two of these, the  Church of England and the Presbyterian Church, have had equally eminent schol­ars championing opposite sides of the divorce problem under discussion. Surely it must be settled on the same sound principles of interpretation which have char­acterized the Christian Church for centuries in establishing the vital and essential doctrines of Holy Scriptures which have been virtually universally accepted by Bible-believing Christians for many generations.

The pastor who has dealt with earnest, believing divorcees, or their   mates, tempted to desire a doctrine of divorce which will enable him will be peculiarly to solve more expeditiously, at least, some of the complex problems of divorcees with the sympathy of his heart rather than with the conviction of his soul borne of a clear understanding of the teachings of the Holy Scriptures.   Many of these unfortunates have come into evangelical churches as a result of the easy divorces secured during World War II. They need Christ, He died for them. A pastor should not presume to give such people hasty and severe counsel lest they be pre­cipitated into worse moral pollution. God will guide them if they are encouraged to seek the Lord earnestly and study the Word of God diligently for light on their problems.

A pastor whose relatives have been blighted by divorce will find it difficult to be completely objective as he studies the Scriptures on this subject.   Obviously, a divorced person who is still unmarried will find it difficult also. Man’s depraved nature tends to press him to favor interpretations which make his way and the way of others easier and to favor such views of Scripture as shall not make him an exile and stranger (foreigner) (I Pet. 2: I I) to the spirit of his age (Rom. 12: 1.2V.) or church.  May all of us who pursue this study seek to be true Bereans, who search earnestly for the truth under the guidance of the Holy Spirit. May we seek the truth, the whole truth, and nothing but the truth regarding this matter, cost what it may to us,  or to those nearest and dearest to us, or to any others for whom we have the deepest sympathy and compassion. The Bereans “were more noble than those in Thessalonica , in that they received the word with all readinessofmind, and searched the Scriptures daily, whether those things were so” (Acts 17:I I). Certainly the unfortunate divorcees need our sympathy, but we dare notbuild a doctrine of divorce on our sympathy and at the same time claim tobe honest with ourselves and the God of the Holy Scriptures.

Tangled problems of divorcees within the Church must be settled; however, they must not be settled by a prejudiced accommodation of the sacred Scriptures to them but by bringing them to the light of the truth gained by a straightforward and exact exegesis of the divorce texts of the Bible. Christ said,”Sanctify them through thy truth: thy word isTRUTH” (John 17:17).   All should heed the call of the STANDARD BEARER who during a fierce battle was bidden to return the flag to the retreating troops.   As he turned to press forward, he cried,   “BRING THETROOPS UP TO THE STANDARD,  I SHALL NOT BRING THE STANDARD DOWN TO THE TROOPS!”

May God help all who write on this subject, and all who diligently study it, to regard prayerfully the warning by V. H. Stanton: ..When once we have thought ourselves into a particular theory,  a conviction of its truth is apt to be bred in the mind, which is altogether beyond the evidence, while inconvenient facts are ignored…V. H.Stanton: The Expositor, Vol.Vll.

 

Continue to Chapters I  and  II  –  Does Divorce Dissolve Marriage?

 

www.standerinfamilycourt.com

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

Rebuttal to ERLC: “IS DIVORCE EQUIVALENT TO HOMOSEXUALITY?”

by “standerinfamilycourt”

“standerinfamilycourt” responds to a blog dated September 24, 2014 by Dr. Russell D. Moore, President of the Ethics and Religious Liberty Commission of the Southern Baptist Convention (ERLC) safe_image (2)

“Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals nor thieves, nor the covetous, nor drunkards, nor revilers, nor swindlers, will inherit the kingdom of God.”     1 Corinthians 6:9-10

‘If anyone comes to Me, and does not hate his own father and mother and wife and children and brothers and sisters, yes, and even his own life, he cannot be My disciple.”  Luke 14:26

 

In the fall of 2014, Dr. Moore and the Southern Baptists, and separately, the Roman Catholic Church held conferences on the future of the traditional family and “inclusiveness” issues in the Church.    Following this, we started hearing a lot from the Catholics about how remarried divorced people should be made to  feel “better- included” in their church life.    It seems neither church was talking much about holiness, true repentance,  or pleasing the Lord.   The Catholics may need to watch who they seek to emulate, and retain their own saltiness, rather than seeking to stem the loss of divorced members, at all costs, to permissive Protestant churches.    Dr. Moore’s blog is from this conference time frame.

 

We shall start with the title to Dr. Moore’s blog, because the obfuscation of the biblical truth actually begins right there.   “Is Divorce Equivalent to Homosexuality?    The answer is “yes” and “no”.    In the first place, the manmade concept of legalized civil divorce has absolutely no meaning in God’s eyes.   Divorce’s impact in the Kingdom of God depends on its motivation.   If civilly divorcing the partner of one’s youth,  it is willful rebellion against God’s law.   If civilly divorcing someone in order to separate from an immoral subsequent union,  it is  a step in repentance, restitution and surrender to God’s law.   Either way, God is standing firmly in covenant with the original one-flesh union, which He exclusively and permanently  joined at the time of those holy vows.

BiblicalGroundsNot

We need to point out that Dr. Moore’s view is based on an explicit presumption that Jesus supported adultery as grounds for His disciples to both divorce and remarry, based on a phrase in Matthew 19:9.    Moore presumes no debate on this point, and because this view is so broadly accepted by the vast majority of the evangelical Protestant Church, he offers no biblical defense of it  in this piece.    We will therefore not lengthen our response by addressing something Moore did not argue, except to point out the significant conflict with the preponderance of other marriage scripture and church history.   All of the early church fathers of the Rome-based church up through the 4th century (Tertullian, Origen, Jerome, Eusebius, Justin Martyr, Basil, Augustine) as well as Paul, instead centered the adultery discussion around the exceptionless pronouncement of Jesus in Luke 16:18 strictly forbidding both, consistent also with the tone of Christ’s Sermon on the Mount which raised the moral bar for a wide swath of Jewish life-conduct.   Marriage revisionists, beginning with clerics in the Emperor Constantine’s court, later persisted in shifting the debate to instead focus on Matthew 19:9 in order to accommodate Constantine’s ongoing adultery / polygamy, and this trend carried forward beyond the Reformation.    Dr. Moore assumes that some of the subsequent unions Jesus said were adultery, are not sinful and not adultery based on this revisionist view.

Nevertheless, God uses the Hebrew word   שָׂנֵ֣א [sa-ne] in Malachi 2:16 for detesting and intense hatred of the “putting away”- the wrongful repudiation or abandonment – שַׁלַּ֗ח [shalach] , literally “sending away”, which He states is an act of violence against one’s family.    Notice that there is no mention in Malachi of  any civil piece of paper nor an allowance granted by Moses to divorce,  many centuries after the journey through the wilderness.    Contrary to the false direction of Luther, God never intended for adjudication of covenant marriage to be a permanent matter of civil government ( 1 Cor. 6:1).

All that said, civil divorce is an easily reversible one-time event that (in isolation) is not at all comparable to the two ongoing states of sin entailed in homosexuality or unrepented, continuing adultery via remarriage while an estranged covenant spouse is living.   Marriage revisionists have grown quite accustomed to arguing (straight-faced) that the first abomination automatically confers God’s permission for the far worse abomination of trampling His holy matrimony covenant and misrepresenting His very character to the watching world.    We all know that the pagans know a bit of scripture, too, and of late they’ve grown quite vocal in letting us all know they are watching.

So, let’s suggest a more forthright title to Dr. Moore’s blog:   “Is  Legalized, Unrepented  Adultery Equivalent to Homosexuality?”   Based on the two scriptures quoted above, we can respond to the honestly-restated question, which now reflects the main issue of consequence before the eyes of God, with a well-supported and unequivocal “Yes”.     Continuing, unrepented practice of both adultery and homosexuality are God-substitutes of equal degree: idols.   Consequently, as long as either of these relationships continue, they continue in idolatrous competition with any relationship or fellowship with God.   Neither is worse than the other, both must be repented in exactly the same way.   Neither can be cleansed in any way other than cessation and permanent severance.  

1 Corinthians 6:11 goes on to say:

“Such were some of you; but you were washed, but you were sanctified, but you were justified in the name of the Lord Jesus Christ and in the Spirit of our God.”     (An exchange was made, idolatry was laid down for genuine  fellowship with the Most High.)

Dr. Moore opens his piece as follows:

This week my denomination, through its executive committee, voted to “disfellowship” a congregation in California that has acted to affirm same-sex sexual relationships. This sad but necessary move is hardly surprising, since this network of churches shares a Christian sexual ethic with all orthodox Christians of every denomination for 2,000 years. One of the arguments made by some, though, is that this is hypocritical since so many ministers in our tradition marry people who have been previously divorced.

In fact, “SIFC’s”  own large, conservative evangelical denomination did likewise up until 1973 with any pastor who performed a wedding ceremony where either the bride or the groom had an estranged living spouse.    The reason for that is, quite simply, a holy reverence for God’s unconditional participation in the indissoluble marriage covenant, which the bible teaches is a supernatural 3-party entity that scripture also tells us is broken only by the physical death of one of the spouses. (Ephesians 5:29-32, Romans 7:2, and 1 Cor. 7:39).    Ministers in the evangelical tradition who perform vain marriage ceremonies over people who have been previously divorced civilly, (but still bound spiritually to their 3-party original covenant), are jeopardizing their salvation and aiming two souls, if not their own, towards hell.   They are also destroying the power and witness of their church, for He is a jealous God.   He is a God who is most especially jealous of His symbols and the image they cast, of which biblical marriage is paramount.

Dr. Moore arrives at an entirely different conclusion, one that demands physical repentance only of homosexuality (even if legalized), but gives full accommodation to the continuance of adultery if it has been legalized.   “Grace” he says, is owed to the adulterer, but not to the homosexual, unless (only) their immoral and idolatrous relationship is terminated.    Let’s address the misuse of the concept of grace momentarily, but first let’s gain a proper understanding of the marriage covenant, what breaks it, and God’s revealed character toward it.   Once this is correctly understood according to the word of God, all of the rest of the fallacies laid out by Dr. Moore have proper context.

Covenant is a very deliberate choice, and by God’s very nature, a permanent choice.  Throughout His three-year public ministry Jesus very deliberately walked around announcing to us that He is our Bridegroom, and that He will never leave or forsake us, that He was going to lay down His life for us, that He was going to be spiritually responsible for us, even allowing God to punish Him for our transgressions by allowing God to break fellowship with Him, His only Son, for those agonizing moments on the cross.    His first miracle was by no accident performed at that wedding in Cana when He turned water into wine – not just a beverage, but symbolic of His blood and of covenant, of the indwelling Holy Spirit Who cannot abide in a sinful vessel .   He told us that nobody can contain new wine in old Pharisaical (Deuteronomy 24) wineskins.   At His last meal on earth before going to the cross, He very deliberately recited nearly all the traditional vows of the Jewish betrothal ceremony in order to comfort His disciples and to institute Holy Communion.   When He spoke His Revelation to the Apostle John, He again spoke of His wedding supper, the consummation event.

Ephesians chapter 5 gives us a definite glimpse that the marriage of our youth goes far beyond the civil certificate, and would permanently exist even without it.   True marriage represents the oneness of the Godhead, also the relationship between Christ and the Church, whom He will never permanently send away and never replace.    To blasphemously suggest that God would break covenant, and betray a living covenant spouse to join into an adulterous union suggests that He would allow His Own holiness to be defiled, and His faithfulness to be miscast as unfaithfulness.    In Malachi 2, when God is fiercely defending the covenant wife of the offender’s youth by withholding His fellowship from the adulterer, He could have referred to Himself as “YHWH” or “Jehovah”, but He did not.   He called Himself Elohim Tsebaoth, the God of Angel Armies, the Lord of Hosts.    God is also  El Kannah, the Jealous God, and whenever He sets up a symbol, lacing it in and out of holy scripture from Genesis to Revelation, it is a very big deal!

Next, Dr. Moore continues…

We don’t necessarily affirm this [welcoming of divorced and remarried people into their congregations] as good, but we receive these people with mercy and grace……

Anyone who has attended an evangelical church for any length of time can define these terms, mercy and grace, by rote.   Mercy is not receiving the bad consequences that we’ve earned or that we deserve from God.   Grace is receiving unmerited favor from God due to Jesus going to the cross for forgiveness of our past sins committed by us before we surrendered control of our lives to Him, while accepting His completed work on the cross and renouncing our own efforts to keep the law.    Another way to describe grace is the empowerment that regeneration gives us to keep moving toward holiness, due to the infilling of the holy spirit, in response to His mercy.   It is the empowerment to make it to the finish line without sin hardening our hearts again and causing us to fall away, as warned of repeatedly in the book of Hebrews.    Grace is a divine attribute that cannot be bestowed man to man, but only extended by men where God extends it.   Forbearance, on the other hand, tends to become confused with “grace”.   It is the patience and forgiveness Christ commanded us to have toward one another when we’ve been offended in some way.    Grace is never cowardly and silent (nor affirming) acceptance of a sinful way of life in a person, which the word of God makes clear will cost that person their place in the kingdom of God.   That kind of “grace” is actually man’s license, and it is decidedly unloving, because it leads to hell without warning.   Naturally, these words are offensive to a denomination which has embraced “once saved, always saved”, but not surprisingly, this false doctrine seems to accompany heretical teachings about divorce and remarriage.   In these last days, we can only call these brothers and sisters in the Lord back to the words of Jesus Himself,  much of whose unpalatable truth Calvin, Luther and Knox summarily rejected.   Jesus warned:

Many false prophets will arise and will mislead many.  Because lawlessness is increased, most people’s love will grow cold.  But the one who endures to the end, he will be saved. “   Matthew 24:11-13

It is absolutely right for SBC congregations to welcome both adulterers and homosexuals into their congregations, but if they do, that local body is fully responsible for discipling them into the likeness of Christ, Who laid down His life and took up His cross.  Calvinist bodies, including the Southern Baptists, embrace the “once saved, always saved” mantra which is erroneous, in light of Peter’s instruction to “walk out your faith with fear and trembling”, and in light of Paul’s repeated warnings not to fall away, not to wander from the faith, and to finish the race.    The teaching that Christ died for present and future sins has no scriptural basis without active, ongoing mortification of those sins.   We are quite literally urged by Paul not to let sin reign in our mortal bodies.   By contrast, we are urged to confess and turn from our sins on an ongoing basis after salvation, and believers are repeatedly warned “do not be deceived” with regard to the controlling addiction of sexual sin, before being warned at least twice by Paul that this will cost them their inheritance in the kingdom of God.

 

The charge of hypocrisy is valid in some respects.   I’ve argued for years and repeatedly that Southern Baptists and other evangelicals are slow-motion sexual revolutionaries, embracing elements of the sexual revolution twenty or thirty years behind the rest of the culture. This is to our shame, and the divorce culture is the number-one indicator of this capitulation.

We would admonish that his is a much more perilous and urgent admission than Dr. Moore seems to grasp, in light of the rapidly escalating lawlessness of our times and the fully-evident meltdown of our society that resulted from outright licentiousness of the evangelical church in its unwillingness to call sin sin, and deal with it as Christ and Paul commanded.   The notion that it will take this cowering bride 20 or 30 years to embrace homosexuality in light of the persecution that is building at and within our borders is absurd.  We would further remind historically that the immoral compromise with God’s definition of marriage (Matt. 19:4-6) did not originate doctrinally for the Southern Baptists in the 1960’s but with Erasmus, Luther, Calvin and Knox in the 16th century.

It seems furthermore ridiculous to think that a church or denomination who wouldn’t risk offending congregants even for the sake of their souls over enforced societal normalization of adultery would suddenly develop an appetite and the discipline to weather persecution over enforced normalization of homosexuality as long as they cling to a belief of “once saved, always saved.”    After all, “grace” will cover it, and Jesus’ death paid for all present and future sins  – so insisting on physical repentance from remarriage adultery is “legalism”.

Legalism..huh

The preaching on divorce has been muted and hesitating all too often in our midst.

As we’ve just demonstrated, it’s a very good thing that it has been “muted” in many churches, for it has also been heretically distorted and false, when it does occur.   Better to have muted teaching than loud teaching that defies Luke 16:18 by claiming that an ongoing state of sin doesn’t persist in adulterous civil remarriages, or put forth blasphemous slander against the very character of God by denying His character revelation that He never breaks or abandons an original marriage covenant.   Better for such a  compromised pastor to remain silent in his deception than falsely claim from the pulpit that exiting immoral civil unions is “repeat sin” rather than the repentance and restitution it actually is.   Or to blaspheme that a Holy God would enter into “covenant” with adultery.   His position is very clear.   In Malachi 2, He says “I stand as a witness between you and the wife of your youth…she IS (not was) your partner, the companion of your marriage covenant.”   In Numbers 23:19, He says of Himself, “I am not a man that I should lie, nor a son of man that I should change My mind.  Do I speak, and not act?   Do I promise, and not fulfill?”

We love what Sam Crabtree, Executive Pastor of the Salem Baptist Church said  in the blog DesiringGod, April 9, 2014:
We are free to divorce when Jesus divorces the Church, which is never. (Even the divorce in Isaiah 50 is not a divorce from those he predestined, called, justified, and glorified, but rather a temporary action taken against ethnic Israel, who was never en masse the true bride in the first place.).    We are free to remarry when Jesus remarries a bride other than the elect bride, which is not as long as the spouse lives.”    AMEN!

Continuing with Dr. Moore….

Sometimes this is due to what the Bible calls “fear of man,” ministers and leaders afraid of angering divorced people (or their relatives) in power in congregations. Sometimes it’s due to the fact that divorce simply seems all too normal in this culture; it doesn’t shock us anymore.     Exactly, Dr. Moore!

The fear of man brings a snare,
But he who trusts in the Lord will be exalted.    Proverbs 29:25

Continuing…

…there are arguably some circumstances where divorce and remarriage are biblically permitted. Most evangelical Christians acknowledge that sexual immorality can dissolve a marital union, and that innocent party is then free to remarry (Matt. 5:32). The same is true, for most, for abandonment (1 Cor. 7:11-15). If the church did what we ought, our divorce rate would be astoundingly lowered, since vast numbers of divorces do not fit into these categories. Still, we acknowledge that the category of a remarried person after divorce does not, on its face, indicate sin.

Dr. Moore is here arguing with Jesus Himself when he makes his last fallacious assertion.   It matters not one whit what “most evangelical Christians” opine.   All that matters is what Jesus actually commanded.    One day, He’s going to ask, “Why do you call me Lord, Lord but do not do what I say?”

Luke 16:18:  18 Everyone who divorces his wife and marries another commits adultery, and he who marries one who is divorced from a husband commits adultery.

Matthew 5:31-32:  31 “It was said, ‘Whoever sends his wife away, let him give her a certificate of divorce’; 32 but I say to you that everyone who divorces his wife, except for the reason of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.

Jesus made this statement in the midst of His lengthy Sermon on the Mount, where He talked extensively about suffering for the kingdom of God, where He completely abrogated numerous points in the Pharisaical Mosaic law that embellished the Ten Commandments to the point of conflicting with them, and where He was unquestionably raising the moral bar, requiring forgiveness and reconciliation, and demanding that we keep our hearts clean and soft.   Against this backdrop, the street-speak version of what He said in this passage Matthew 5:32 is:

“You married a ‘Ho’ you say?   Too bad!   You [are] one-flesh with her and I’m also a party to that, until one of you ain’t no more .  So, if you kick her out and run, even if you get a piece of paper from the rabbi, you makin’ her a ‘Ho’ if she ain’t one already!”

Permission to divorce for adultery?   Don’t think so, dawg!    Permission to marry someone else?   Not unless you want a wife and a concubine, and not if you want Me to bless it!   I just got done telling you that if you say one unworthy word about her,  you are in danger of hell, and if you so much as reach for another woman, you’re at strong risk of wishing for all eternity you had cut off that hand first!

The Greek tense used here for  “commits adultery” is vitally important as well, but some scripture revisionists like to falsely assert, like Moore, that even if the marriage was sinful, it’s “still a marriage” or “the adultery is only a one-time act, covered by grace”.    If that were so, let me suggest that the One Who never spoke an idle word would have saved His breath for something important rather than repeat it twice!    Jesus used the present-indicative tense to refer to an ongoing state of adultery.   This is not a marriage in anything but the 2-party civil sense, and it doesn’t become one just because the parties are “sorry” but do not terminate the relationship.   The original marriage(s) still stand(s) undissolved!  There is a difference between being sorry for the evil consequences of transgression, and being sorry because fellowship with God is broken, leading in the latter situation to removal of the competing idol.   Adultery, and any form of idolatry always leads to a hard heart, which leads to enmity with God and, if not corrected, eternal separation from Him.    This is the reason John the Baptist told King Herod, an unbeliever civilly married to another unbeliever who remained the covenant wife of his brother, “it is not lawful for you to have her.”  (Matt. 14:4), and showing, as well, there is also no exception for spiritual condition.

Dealing now with the inexcusable misuse of 1 Cor. 7:15, this too comes courtesy of Paul in the midst of a passage that was teaching exactly the opposite of a “right” to divorce and remarry after abandonment.   For that very reason, remarriage is not even mentioned in this chapter.   In verses 10 and 11, Paul has stated that the Lord commands  the husband not to divorce his wife (no exceptions mentioned), and the wife not to separate from her husband, but if she does separate, to remain unmarried or be reconciled with her husband.   The chapter ends with verse 39 reiterating the reason:  the marriage bond δέδεται (dedetai) “deo” cannot be broken by anything but physical death.    It is no coincidence that Paul’s teaching taken in correct context correlates more so to Luke 16:18 than to any other gospel rendering.   Several church fathers’ writings, such as Tertullian, give extensive account of the two of them travelling and ministering together,  along with Paul’s mentorship of Luke as eyewitness to Christ’s teaching.

220px-Tertullian

Aside from the obvious context issue, 1 Cor. 7:15 has for centuries suffered significant Greek language translation abuse, with several of the words in that isolated verse, including the words “departs” and “bound”, that are best resolved by looking up Romans 7:2-3, 1 Cor. 7:15 and 1 Cor. 7:39 in a Greek interlinear text tool.    Upon doing this, it becomes clear that the word δεδούλωται (dedoulōtai) or “douloo” is not the word for marriage bond at all, but means “compelled to meet the absent spouse’s needs”, rather than follow Christ with single-minded focus.   Consistent with the rest of scripture, abandonment indeed does not break the indissoluble covenant marriage bond, either.

If the church “did what we ought”,  pastors would immediately cease performing weddings over anyone with an estranged living covenant spouse – no excuses.   That’s what the Assemblies of God did up to 1973, until unilateral divorce became the domineering blight on the land.   The immorality of the world system and culture should never drive doctrine or practice in the church!
With actual souls on the line, if the church “did what we ought”,  pastors would start telling their flock that the only biblical grounds for divorce is to undo falsely-sanctified, legalized adultery so that they can go reconcile with the spouse of their youth, as Hosea did with Gomer.  If the church “did what we ought”, false doctrine would be rewritten and seminary courses on marriage returned to a biblical basis based on full and faithful application of the laws of hermeneutics.   Yes, those actions would indeed cause the divorce rate (and, most likely,  lukewarm membership in the body of Christ) to precipitously drop , but more importantly, it would restore power and witness to the church which has been missing for centuries.   In the two scriptures Dr. Moore cites to claim a “biblical justification” for remarriage, Matthew 5:32 and 1 Cor. 7:15, the mere application of just one of the “5-C’s” of hermeneutics (Context) would immediately debunk his perennially popular, ear-tickling assertion.   See above.

From this point on, we’ve probably made our case where addressing the remaining presumptions in Dr. Moore’s blog becomes redundant, but now that we’ve laid the essential groundwork, we soldier on to a few more points.   We’ll ignore a few, too, because they are too irrelevant to bother addressing.

Continuing…

The second issue, though, is what repentance looks like in these cases. Take the worst-case scenario of an unbiblically divorced and remarried couple. Suppose this couple repents of their sin and ask to be received, or welcomed back, into the church. What does repentance look like for them? They have, in this scenario, committed an adulterous act (Matt. 5:32-33). Do they repent of this adultery by doing the same sinful action again, abandoning and divorcing one another?

How embarrassing it must be to these churches, who have “married” people into soul-endangering adultery, when with increasing frequency, the Lord mercifully brings full reconciliation between the original covenant spouses!   In my own church, a covenant couple who has been divorced for decades is in their 80’s and dating again, taking care of each other, and coming to church together for the first time over the past two years.    We published an amazing story a few weeks ago that made national news when a man, divorced for 43 years took an engagement ring into Wal-Mart and wooed back the wife of his youth!   It has been well-documented that there is a 60-80% failure rate for serial legalized adultery that builds in direct proportion to the number of adulterous civil-only marriages one undertakes, and indications seem to be that civil “marriage” entered into from adulterous cohabitation fails at a 97% rate.   Yet that doesn’t seem to stop the harlot church from demonizing the covenant spouse (who actually has God’s intense favor), nor from treating him or her like an interloper in many churches because they continue to wear their wedding rings, to  obey 1 Cor. 7:11 and to take a biblical stand for the restoration of their covenant relationship,  most importantly,  the errant spouse’s very soul  following adulterous remarriage.   God is jealous for His symbols, and for the soundness of the generations of their covenant family, and for their souls.   In many cases, God glorifies Himself in restoring two marriages as a result of such repentance, and He snatches 3 or 4 people from the fire in such cases!   Any bloodguilt from “breaking up [non-covenant] families”  falls right back on the false shepherds who ignored God’s word and abused their ordination by immorally joining one person to another’s spouse in direct conflict with Luke 16:18.

Given the scriptural fact that nothing breaks the marriage covenant short of physical death, there is no need to carve out a “worst case scenario” for hypothetical purposes, as Dr. Moore suggests.   God has laid down and clearly defined the seventh commandment.   Violation thereof is violation thereof, regardless of the circumstances.    Repentance looks exactly the same as for any other sin:  cessation and restitution.    Failure to repent leads to an ever-hardening heart, continued idolatry and continued broken fellowship with God.    The act of repentance is hard, so hard that the apostate church’s utter lack of remorse for their part in fostering serial adultery is shocking, to say the least!    But the understanding of how to repent is not hard at all.    As long as these pastors keep performing weddings over biblical adultery, this entire line of argument is incredibly shallow and disingenuous!   We would set up an entirely different “worst case scenario” and pose this hypothetical to Dr. Moore:   a civilly-married homosexual couple has been born again, and they realize they are living in sin, so they come to you asking how to repent.   They have “been together” for 15 years and have children,  two through depriving the covenant parent custody after a civil, unilateral divorce that God does not recognize, and the other child through renting somebody’s womb.   Are you going to tell them that breaking up that “family” is a “repeat sin”,  (so do they repent of this sodomy by doing the same sinful action again, abandoning and divorcing one another? )  The obvious answer for both scenarios is “only if they, and we as their church body, care about their eternal destinies. ”

 

In most cases, the church recognizes that they should acknowledge their past sin and resolve to be faithful from now on to one another. Why is this the case? It’s because their marriages may have been sinfully entered into, but they are, in fact, marriages.

In most cases?   In what case would the church not recognize their (and the organizational) past sin?     Furthermore, adultery, covetousness and discontent are hard habits to break, because if the baggage they brought with them was actually shed, the irreplaceable, supernatural one-flesh condition naturally draws a repented heart back to their covenant spouse, because that is always God’s will and way.    For all of the reasons already laid out above, we will agree that these are indeed 2-party civil marriages, for so says the piece of paper, but it is only in this sense they are “marriages” and adultery.   The very same could be said of legalized homosexual unions, however.    Neither will ever constitute holy matrimony in God’s eyes, but rather unrepented  adultery, exactly as Jesus said.    1 Corinthians 6:9 applies equally to these civil unions where God is not a covenant party, as it does to the practice of homosexuality.

Jesus redemptively exposed the sin of the Samaritan woman at the well by noting that the man she was living with was not her husband. “You have had five husbands, and the one you now have is not your husband” (Jn. 4:18). It could be that her husbands all died successively, but not necessarily.

Just like today, this woman most likely had quite a complicated mix of covenant husband, deceased partners, cohabitation and / or legalized adultery partners.    The fact remains that if the husband of her youth continued to live, all subsequent relationships were adulterous, and her present relationship was definitely adulterous.    If the husband of her youth was deceased, it’s possible a subsequent husband still living is now her estranged covenant husband.   We can’t speculate and there’s really no need to.   Again, looking at John 4:18 in the Greek interlinear tool, we find that one of the two words used here for “husband” is quite familiar –ἄνδρας (andros),  and ἀνήρ (aner) , either of which could also simply mean “man” or “companion”.   There is are numerous other Greek words for “husband” used in other New Testament passages, but not used here.  It is impossible to speculate from this passage which of her relationships beyond the first one constituted covenant marriage, and which were mere civil unions blessed by the rabbi under an outdated Mosaic “bill of divorcement” law that Jesus was about to abrogate. (See above).   Therefore, there is no more basis here for using this passage to support divorce and remarriage than there is in using Jacob, Elkanah,  Solomon or David’s experiences to support polygamy.    Jesus declared new rules as a result of the Sermon on the Mount.

Even if these marriages were entered into sinfully in the first place, they are in fact marriages because they signify the Christ/church bond of the one-flesh union (Eph. 5:22-31), embedded in God’s creation design of male and female together (Mk. 10:6-9).

As discussed above, God remains exclusively in the first covenant, rendering none of the above true of any attempt at remarriage,  except of remarriage solely following widowhood.   If civil marriages are entered into adulterously while the original covenant is unbroken by death, they can’t be marriage and adultery in God’s eyes at the same time, for that violates His holiness and misrepresents His faithfulness.   Jesus made it clear in Luke 16:18 that this is ongoing adultery not marriage.  The more-relevant scriptures, on which the Eph. 5 and Mark 10 scriptures cited by Moore actually depend, are:

Matthew 19: 4 -6 and 8:  And He answered and said, “Have you not read that He who created them from the beginning made them male and female, and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? 6 So they are no longer two, but one flesh. What therefore God has joined together, let no man separate.” ….He *said to them, “Because of your hardness of heart Moses permitted you to divorce your wives; but from the beginning it has not been this way.

Mark 10: 6-9:  But from the beginning of creation, God made them male and female. For this reason a man shall leave his father and mother, and the two shall become one flesh; so they are no longer two, but one flesh. What therefore God has joined together, let no man separate.”

Ephesians 5:31 echoes this, right after saying that any man who hates his covenant wife (obviously out of a hard heart, and due to the irreversible one-flesh connection exclusively  indwelt by God) hates himself,  hates his own body.   This is because a civil piece of paper cannot separate one-flesh or make it two again.   Physically and spiritually impossible, this is.   It is clear that what was established in God’s creation design per Genesis 2:24, to which Jesus was resetting the moral compass, is the husband and wife of youth being joined for life, and never again to be two separate people in God’s eyes.    God doesn’t issue “ideals” or “intents” with a Plan B- we are talking about the 7th commandment here.   This is the basis on which Jesus took the no-excuses hard line he did in Luke 16:18.

 

Same-sex relationships do not reflect that cosmic mystery, and thus by their very nature signify something other than the gospel. The question of what repentance looks like in this case is to flee immorality (1 Cor. 6:18), which means to cease such sexual activity in obedience to Christ (1 Cor. 6:11). A state, or church decree of these relationships as marital do not make them so.

All of what Moore has flatly stated about homosexual relationships applies in exactly the same fashion to the very relationships Jesus unambiguously described in Luke 16:18.   In fact,  those verses about fleeing immorality and honoring Him with our bodies were originally written to primarily address heterosexual sin including concubinage, false divorce, prostitution and polygamy.   Moore’s last statement is particularly salient with regard to remarriage adultery, in light of what Jesus said in Matthew 19:6 and 8.    Jesus made it crystal clear that man was never given authority to dissolve covenant marriage, nor to solemnize adulterous unions.

 

Instead, our response ought to be a vision of marriage defined by the gospel, embodied in local congregations. This means preaching with both truth and grace, with accountability for entering marriages and, by the discipline of the church, for keeping those vows. We don’t remedy our past sins by adding new ones.

So long as the definition of marriage is corrected to the  Matthew 19:6 scriptural basis, we couldn’t agree more.   However, once again, Moore’s last statement is particularly salient.   The SBC may legitimately lay claim to that declaration the moment they stop creating new cases of sanctified adultery through performing immoral weddings and counseling civil divorce on fabricated “biblical grounds”.

We conclude by returning to the (adjusted) question:  “Is  Legalized, Unrepented  Adultery Equivalent to Homosexuality?”

For purposes of restoring the church’s witness, restoring her power,  overcoming her enemies, for being pure and ready to meet her Bridegroom in the clouds, for withstanding the persecution of the last days, and for coming through the evaluation Jesus applies in Revelation 2 and 3, we say, yes indeed, they absolutely are equivalent.   Civil divorce, however,  is only equivalent to the extent that the root is equivalent to the fruit.

The attitude of evangelical churches in refusing to admit that remarriage after divorce is always biblically immoral has created an enormous obstacle over the past 40 years to driving any sort of godly family law reform that could rebalance constitutional protections between offending petitioners and non-offending, religiously objecting respondents.   The latter suffers oppressive religious discrimination in a myriad of circumstances as they are invariably punished, and made an example of,  by the courts for taking a biblical moral stand.   Pro-family, religious liberty legal ministries turn a deaf ear when embattled Christian spouses seek help in challenging the constitutionality of unilateral divorce, because these ministries don’t accept that it is morally unacceptable before God to remarry,  hence they don’t readily recognize the extent to which unilateral divorce laws burden a faithful believer’s free religious exercise and right-of-conscience.    Ideally, the government would not have any jurisdiction whatsoever over marriage, but the church would govern it righteously as Christ intended (1 Cor. 6 :1-2).    The government is an exceedingly unworthy steward of holy matrimony, and the harlot church no longer accepts her Christ-assigned accountability!

Additional resource:   Milton T. Wells, Does Divorce Dissolve Marriage  Eastern Bible Institute (1957), available through Flower Pentecostal Heritage Center, Springfield, MO   (archives@ag.org)

 

www.standerinfamilycourt.com

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

 

 

 

No Day in Court for (Stander) “Jane Doe” – Our Story, Part 4

 

An excellent wife, who can find?
For her worth is far above jewels.
The heart of her husband trusts in her,
And he will have no lack of gain.
She does him good and not evil
All the days of her life.

Proverbs 31

IlSupCtStatueby Standerinfamilycourt

The two-year ride through the Illinois family court system may be nearly over for Standerinfamilycourt,  several months ahead of our scheduled appeal docket date.    On December 2, 2014, the 2nd District Court of Appeals denied our appealed motion for anonymity to bring our religious freedom and equal protection challenge to Illinois’ unilateral divorce law, just as the trial judge had done back in August.     Our constitutional attorneys have confirmed that this denial cannot be appealed any higher.   This very important matter was firmly in God’s sovereign hands all along, and it was the subject of much prayer, both mine and that of our small band of supporters in this cause.    God’s people are right to obediently show up dressed for battle, but we must never lose sight that the battle belongs to the Lord, as does all choice of weapons and timing for the battle.

He has shown you, O mortal, what is good.
    And what does the Lord require of you?
To act justly and to love mercy
    and to walk humbly with your God.      –   Micah 6:8

Why was anonymity so important?   Doesn’t the public have a “right to know”?   In this case, probably so.     A consulting firm which employs an emotionally ill man in a very responsible position,  seeks new clients who will rely on this firm’s fiduciary integrity over $ million+  long-term contracts.   That firm allowed this principal to install a girlfriend under his direct supervision, and at least two blood relatives into jobs in the firm, possibly ahead of other more qualified people.   It further allowed per diem payments for lavish trips, and short-sightedly did not care that its employment policies were not only destructive to the families of its employees, but it tolerated illegal sexual harassment discriminatory to the rest of its employees in condoning and knowingly facilitating a known boss / subordinate adulterous relationship for many years.    SIFC is an employee of the sort of client who might hire such a consulting firm, and in fact, her employer is a chief competitor of this firm’s main energy industry client.   If SIFC can simply go to Bing and type in the first and last name of this regional business director who manages very important international engagements, and bring up all the sordid facts about this firm and that consultant in a published appeals case opinion that provocatively challenged the constitutionality of a long-standing state law,  she might well advise her employer to steer clear and find an alternative vendor who manages their business with far less drama.   Such is indeed the public’s right to know, and such are the facts already captured in the trial transcripts.

That said, I love my Lord who unconditionally loves both of us as one person, and I unconditionally love my life companion of more than 40 years.   I have no desire whatsoever to be out of alignment with either of them, unless my beloved is out of alignment with his Lord.   According to God’s clear word, SIFC remains the one-flesh covenant wife of this emotionally tormented man until God’s divorce parts us (God spells divorce  “D-E-A-T-H”) .   By God’s design, nothing happens to this petitioner husband of mine that does not directly happen to the one-flesh wife of his youth, regardless of anything the civil authorities will ever have to say on the matter.   Nothing happens to us as a covenant couple that does not impact the lives of everyone close to us: extended family members on both sides of the family, employers, friends and neighbors.   Which brings us to why anonymity was important in asserting this constitutional challenge in a godly way, if that indeed remains the Lord’s assignment for this time:

  • It would cover my distraught husband’s “nakedness” while he is haplessly under Satan’s control (Genesis 9:20-23)
  • It would be merciful, allowing him an avenue to return to walking with the Lord, without immense public humiliation to live down when God’s discipline eventually catches up
  • It would be equally merciful to his adulterous and extortionist partner whom the court record reflects received massive cash payments from my husband
  • It would protect innocent family members who became ensnared in my prodigal’s elaborately sinful scheming
  • It would avoid the appearance of vengeful or materialistic motives on my part in making a name for myself which would be a poor public witness for this much larger godly cause impacting our entire state, and possibly the nation

Job #1 for any Christ-follower who has been given a covenant life partner, is to unconditionally love, to fast and to  pray that partner all the way through this life and into the Kingdom of God – period.    Every other pursuit is secondary and human divorce decrees are totally irrelevant to that mission.    We will all stand before a Holy God who will ask us,  how did you steward the gifts I gave you, including the most important one, that husband or wife with whom you were joint heirs of My Kingdom and with whom you were made by ME one-flesh during your life walk?   Since we’ve been empowered by the Holy Spirit in a way that transcends time, distance and circumstances, with a holy authority that outranks civil authority, and since all of the host of heaven is fighting on the side of defending our covenant marriages,  He is not going to accept as an alibi that some civil judge, with no Kingdom authority whatsoever over what God divinely and permanently  joined,  has somehow excused me from His assignment just by writing out a sham human dissolution order that means nothing before His throne.

 

SIFC has repeatedly found throughout this legal journey that being restoration-minded, as God’s ways require, is totally incompatible with functioning under the unilateral divorce regime, even with Christian lawyers.   Even its godliest legal practitioners cannot seem to get their heads around maintaining truly biblical behavior and motivations in this profoundly wicked realm.    The very best of them truly fear what failure to submit to the thuggish web of state-sanctioned lies will do to their clients’ cases.   In this instance, my Christian attorney and his associates felt compelled to file his motion to proceed under fictitious name claiming in that document that I “feared political backlash” from those who support the continuation of no-fault grounds and who favor continuation of the tyrannical public policy banning marital fault as a basis in settling property and custody disputes,  rather than pleading the true family preservation reasons I have just stated.   I will always wonder whether the outcome might have been different if my attorney had simply filed his motion petition with the truth concerning my motives.   “She does her husband good and not evil all the days of her life.”    What if my Christian attorneys had had the integrity to truly speak for me with the mind of Christ in that legal motion?

 

I hope that sharing my learnings through this legal journey will help people understand more about what is keeping such an immoral and unconstitutional family law regime so deeply entrenched in our system of “justice”, and how very much the idolatry of doing so is costing us as a nation.      As time marches on, a  growing percentage of us have never known any other way!   Many presume that a law that has gone unchallenged for so long must be inherently right.    Indeed, it takes the lens of God’s word to truly appreciate all that’s wrong.  Many whose consciences tell them they should be challenging this immoral and unconstitutional singling out of a disfavored class of citizens, unfortunately fear men more than they fear God.     All of the powerful gatekeepers (judges, legislators and attorneys on both sides) are members of the legal community who economically benefit from it at the expense of all of the rest of society.    Goliath continues to taunt God’s people and there appears to be no champion in the land to ask His anointing on a stone and a slingshot to bring this giant down.    The expected champions, those national organizations who faithfully take on every other political threat to the traditional family and to every other form of religious freedom violation, quake in fear or denial on the sidelines when it comes to this particular Goliath.    Jesus rightly said we cannot serve God and mammon at the same time.

If I am unable to bring my case without destroying my life partner of over 40 years, how long until God raises up another David with the same reverence for holy matrimony, sufficient finances and zeal for God’s kingdom?   Under those circumstances, I have to have faith that nobody is indispensable, and I have offered my God everything I have in this effort, except the irreplaceable soul of my covenant husband which is, and which must remain, my very first priority and responsibility.

 

“Jane Doe” was not only fighting for the integrity of her own family, but for the families and for the fundamental 14th Amendment rights of all innocent contesting Respondents as a class:  Jack , Jill and Joe Doe, in bringing a constitutional challenge to a blatantly unconstitutional law.    As the politically powerful homosexual movement demonstrated over the past year, actions need to be replicated in many (perhaps not all) states for unilateral divorce in our democratic nation to fall into the dustbin of perverse human history , where it undeniably belongs.

As individual Christ-followers, we are told we must follow Jesus in emptying ourselves of our individual “rights”.  So how does this biblical wisdom “square” with asserting legal rights in the family court system as I and some other lone-wolf believers before me have sought to do?     I think it helps to take one step back from our Constitution and Bill of Rights, and hear what these documents say about all liberty and all justice being given by God as His gift and as a purposeful privilege.   Jesus said, “to whom much has been given, much is required.”   What we think of as fundamental rights can actually be revoked if abused by selfish motives, or if left unprotected through cowardice or slothfulness (i.e. prayerlessness, thanklessness and personal moral compromise) in how we defend them.     The possibility of revocation makes these things divine privileges, more so than rights with responsibilities attached, in sharp contrast to the way most of us have become accustomed to thinking of our constitutional rights.

 

As providence would have it, the day I received the notice from the Appellate Court denying our anonymity motion,  I came home to my devotion book published by Revive Our Hearts,  Nancy Leigh DeMoss’ ministry to women, True Woman Manifesto – the chapter next up was Day 11:  Selfish Insistence on Personal Rights ( is contrary to the spirit of Christ who humbled Himself, took on the form of a servant, and laid down His life for me.)   This devotion further challenged:

“Have you been acting more like a temporary servant of God or like His willing and permanent slave?”    Being honest with myself, I journaled: “the idea of being a permanent slave,  unentitled to the personal fruit of my time, treasure and talent is haunting and chilling to me.  Help me, Lord!”

On the one hand, many years of experience with the Lord has shown me He never fails to restore what the enemy has stolen, and in fact heretofore has always restored it in a multiple!   That is not the issue for me.    The issue is being willing to lay down all the research, financial sacrifice, suffering and risk to my own family, to wait and pray while God accomplishes this momentous state-wide and national task His way.   The issue is continuing to have faith while being humbled and possibly obscured for now.

This devotion reflected on the writings of Elisabeth Elliot, widow of missionary Jim Elliot, both graduates of nearby Wheaton College, who was murdered with several colleagues on the mission fields in Ecuador.    Nancy Leigh DeMoss writes:

‘What are some of the rights that as Jesus’ disciples we need to be willing to surrender?   Here’s the list that Elisabeth Elliot came up with:

  • First is the right to take revenge (Romans 12:19-20).   (if not against my husband, perhaps against the judge who brutally punished me for my convictions?)
  • The right to have a comfortable, secure home. Jesus said, “The birds of the air have nests, the foxes have holes, but the Son of Man has nowhere to lay His head” (Luke 9:57-58). The right to have a comfortable, secure home. It’s a right we surrender to Christ.
  • The right to spend our money however we please (Matthew 6:19-21).
  • The right to hate an enemy (Matthew 5:43-48). We have to surrender that right.
  • The right to be honored and served (Mark 10:42-47).
  • The right to understand God’s plan before we obey (Hebrews 11:8).
  • The right to live life by our own rules (John 14:23-24).
  • The right to hold a grudge (Colossians 3:13).
  • The right to fit into society (Romans 12:2; Galatians 1:10).
  • The right to do whatever feels good (Galatians 5:16-17; 1 Peter 4:2).
  • The right to complain. “Ooo. I can’t have the right to complain? ” No. That’s a right you’re to give up. By the way, you find that in Philippians 2, verse 14: “Do all things without complaining or murmuring.”
  • The right to put self first. That’s the passage we’ve been looking in, Philippians 2:3-4).
  • The right to express one’s sexuality in ways that are contrary to the ways of God (1 Corinthians 6:18-20).
  • The right to rebel against authority (1 Peter 2:13-15).   Acceptable to do so only where there is a clear conflict with God’s law.
  • The right to sue another believer (1 Corinthians 6:1-8).

FB profile 7xtjw (SIFC was summoned into court in this instance because as a follower of Christ she refused to sign a document that affirmed the civil charge of “irreconcilable differences” even though doing so might have protected more of our family’s [in reality, God’s] assets.)

There’s more we could say about all those, but just a sample list from God’s Word of rights that we’re asked to surrender as followers of Christ.  –  Nancy Leigh DeMoss,  www.reviveourhearts.com.

Being a student of the bible, I know it is not acceptable to God to shrink back in fear from a God-appointed battle.    I also observe from the ill-fated battles of the bible that complete obedience is required in all aspects of a God-favored battle:  timing, tools, size of army, willingness to accept seemingly impossible circumstances and trust God, instead of our own resources, to overcome unfavorable circumstances and obstacles for His glory.

2 Chronicles 14:11

Then Asa called to the Lord his God and said, “Lord, there is no one like you to help the powerless against the mighty. Help us, Lord our God, for we rely on you, and in your name we have come against this vast army. Lord, you are our God; do not let mere mortals prevail against you.”

Though I was by now pleading with the Lord to write His instructions on my wall,  I still felt as though I was not getting any clear answer from Him whether to pursue or drop the appeal without the anonymity protection for our family.    I had (perhaps wrongly) treated this anonymity item as a Gideon-style “fleece”.    Was God spanking me for not having more spiritual maturity after 35 years of walking with Him, or was this His actual revelation according to that extended “fleece”?   I had no peace with either pursuing the appeal under our actual names for the sake of the people of our state and all that has been invested,  nor with dropping it for the sake of our family’s peace,  privacy and recovery.     So, I located a comprehensive study of all the biblical battles, their issues and outcomes, and I spent a couple of days studying it, hoping for more clarity.    To get inside the skin of another long-sacrificing soldier of Christ with a similarly monumental task of marshalling an army to change both internal church culture and government policy on a profoundly vital moral and human rights issue on which the future of nations turned – ending the African slave trade,  I dove into Eric Metaxas’ biography of William Wilberforce, called Amazing Grace.   Could some of Wilberforce’s processes be applicable to my approach to this hard decision, and more specifically, to my discipleship path in this?

One passage in this Wilberforce biography seemed jump out and grab me, standerinfamilycourt,  by the throat:

“And so he took stock of himself.  He well knew his mind’s natural tendency to be endlessly on a thousand subjects at once, to flit from this to that and to the next thing to no particular purpose — indeed, he called it his ‘butterfly mind’…..He knew that his world-class wit could turn into the vicious and wounding sarcasm, and that his ability to mimic others and joke and sing and generally be charming could be used to merely draw attention to himself, merely to exalt himself and to feed his personal and vain ambitions….Wilberforce alone knew how constitutionally weak he was with regard to self-discipline…”  

Ouch!   It’s encouraging to reflect that God with whom nothing shall be impossible still found a way to astoundingly use such an inherently flawed vessel!    When I went on to read about the elaborate and regimented tracking lists Wilberforce used to hold himself accountable for correcting these flaws,  I sincerely wonder if I could stay at it for long.    Is that the bottom-line cost of success in an endeavor so much bigger than can be handled in the natural?

In the meantime, some external events transpired that were very encouraging, making it very clear that others are forcefully carrying  this banner alongside me.    Our facebook community page, Unilateral Divorce is Unconstitutional has rapidly gained international followers, including a couple of like-minded U.S. state and national organizations, despite its intensely unpopular cultural message.   By the hand of God, one re-post of Dr. Albert Mohler’s  2010 blog on the hypocrisy within the church’s official position on divorce and remarriage which sharply conflicts with what Jesus taught, was directed into the strategic hands of some seminary theologians and a group of Catholics who care about this subject.    It has been re-shared 21 times in 5 days as I write this, and has had over 8,000 views, with dozens of thoughtful debate comments by important people that seemed to take on a life of its own.    Other posts are also getting large audiences and great feedback very suddenly.   I made personal connection with no-fault opposition pioneer Judith Brumbaugh, who has extended us the honor of her helpful background guidance for which we are so grateful.    Perhaps most significantly, standers from all over are beginning to message our page for prayer and guidance.

With all the praise and the thanks to God, the Illinois legislative session miraculously adjourned without passing the deplorable bill HB1452, or the ERA (equal rights amendment) bill.    Both would have been monumental threats to Illinois families.     Many prayers went up across the state for their defeat, and God was faithful.

Last month, the Catholic-leaning religious magazine First Things started an excellent debate on whether pastors should continue to sign off on civil marriage certificates, or should force a godly separation between God-joined biblical unions and the world’s severely-devalued civil constructions brought on by nearly 5 decades of destructive redefinition.    Additionally, they published the excellent article, Time to Challenge No-Fault Divorce, by Drs. Thomas F.  Farr and Hilary Towers.   The article very significantly validated what the national religious freedom legal organizations are so reluctant to acknowledge:   that divorce Respondents do suffer genuine religious persecution in the family court system, (as all perceived opponents of the sexual revolution do).   Perhaps it’s this group of Catholics through whom our post was circulated so wildly beyond our expectations this past week.   Did some influential people get a good look at our pages and think concretely about a potential alliance?   It is very comforting at a time like this and on the cusp of such a pivotal personal choice that I have to make to see God’s hand and some strong evidence that all of this is part of a larger move of God in which I may not have to be a very significant player nor the lone voice in the wilderness.    May God give me the mix of humility and ambition that is most appropriate here, since I’ve lost all hope of a “cloak”,  and only He can see the larger picture ahead.     May He direct my thoughts and my steps!

In January, the U.S. Supreme Court is reportedly going to decide whether to hear arguments in cases that upheld state constitutions in their voter-approved traditional marriage definitions coming out of the 6th Circuit which conflict with rulings in several other Federal Circuits around the country.   Some of those rulings and cases assert the fundamental right to remain married.      What  is the sustainability of unilateral divorce if the Supreme Court affirms the fundamental right to maintain civil marriage intact?     SIFC was on the Washington Mall with 10,000 other traditional marriage supporters on the chilly day in March, 2013 when the first round of marriage definition arguments were heard during the March for Marriage sponsored by the National Organization for Marriage.    No doubt there will be a similar rally organized in 2015 on the date of these new arguments.   The speeches SIFC heard that day from inner city pastors and the young adult children of divorce galvanized this stander’s resolve that unilateral divorce must be abolished.    SIFC is likely to be there again.

 

Yesterday I mailed off to the attorneys an envelope containing the case history and analysis I researched on prior constitutional challenges to no-fault divorce laws in various states since 1970,  and a glossary of legal concepts that have been impacted by very recent cases.    After much prayer I’ve come to the place where I will not feel any peace about dropping the appeal until my Christian attorneys have reviewed this work and also sought God’s direction specifically concerning the 14th Amendment equal protection and due process aspects of the case.      If our attorneys are willing, I will find the funding somehow for this round of the appeal, but if we win that, God will have to step in and provide the finances to go up against the deep state pockets we would then be facing.    If they discourage me from this aspect of the case, and I can’t find a suitable legal team,  it is unlikely I’m going to be comfortable putting my family through any further litigation rigors.    Prayer warriors reading this post, SIFC would be so grateful if you would pray for our family and our two law firms.

 

Even with dropping the appeal, the Lord will have other, slower avenues to work toward the goal of ending the tyranny in the family court system.    I am confident He is about to raise up further opportunities for challenge across the country.   Important alliances are being formed in the background, and I see SIFC’s pages as a linkage between people and needed resources in the future.    I see these pages as a continuing resource for committed Christ-followers in having the difficult conversations within their churches and denominations to begin to change the culture much the way the abolitionists slowly changed the culture in Wilberforce’s time.    Perhaps with the social media resources we now have and the Lord’s end times timeline, the process will be much more rapid.    We’ve seen the meteoric speed with which evil social change can sweep the nation in the past 5 years.    Yet the word of God says “greater is He that is in us, than he who is in the world.”

Until the hearts of the leadership of the state family policy councils and of the Christian public service legal funds change to embrace our cause legislatively and judicially,  I have a vision for starting a fund that will help people in other states in the appeal stage who have been bullied for their convictions by the family court system.       I don’t have any idea how I’m going to accomplish this just yet, but I know Who must be the Provider.     While we probably can’t afford to fund primary divorce challenges, there are some legal aid groups who may be able to fill that role, and perhaps knowing such resources may be available at the appeal stage may encourage individuals to do as I’ve done in challenging the “irreconcilable differences” civil charge in order to gain standing to bring a 14th Amendment constitutional appeal in other states.    Perhaps the presence of an appeal fund may reform the egregious behavior of the legal community including the bench.

 

Meanwhile, I challenge the state family policy councils, and indeed the many Christian denominations at headquarters level – what are you willing to do to be a godly voice on the  offensive in changing these laws?    Will you trust God enough to risk offending some donors or losing some members ?    When your next meeting comes to debate the cultural “relevance”  of your official position statements on Marriage, Divorce and Remarriage, will you honor God and move back toward scriptural purity and eternal relevance?

I challenge the religious liberty legal funds whose mission statements all say they defend the “traditional family”:  same sex marriage is going to be a waning issue by next year, and there are credible reports that some of you are already feeling it in reduced coffers.    Honor the One you should  be looking to for those coffers, as well as for the tide to turn in court.    Why not look to help the millions who would be only too willing to send in their $50 in exchange for your pledge of solid commitment to this cause, rather than appeasing larger donors out of an unexamined and untested fear that they may be offended because their lifestyles may be biblically immoral.     Soon enough, everyone is going to see the obvious and unavoidable connection between unilateral divorce and same sex marriage.

 

May the favor of the Lord our God rest on us; establish the work of our hands for us— yes, establish the work of our hands.  – Ps. 90:17

Our Story:  7 Times Around the Jericho Wall – Part 1

Our Story:  7 Times Around the Jericho Wall- Part 2

Our Story:  7 Times Around the Jericho Wall- Part 3

 

 

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

www.standerinfamilycourt.com

You Asked: How Can “No-Fault” Divorce Laws be Unconstitutional?

constitution-burningReagan

by Standerinfamilycourt.com

This post goes out to Barney, who raised a very valid question last weekend on our companion facebook page:   https://www.facebook.com/nofaultequalsnoaccountability/posts/1527839317455483

Considering the current reach of our fairly new page, there must be dozens of critical thinkers like Barney out there with the same question.    SIFC is thankful for the question and the engagement,  an opportunity to contribute some expanded thought.    All great social reform conversations began exactly this way, and we of course could have just as easily been ignored, so Barney (and his silent counterparts) are sincerely a blessing.    Our legal team will, no doubt,  get the very same question from the bench next spring.     Indeed, I can quote a recent definition-of-marriage judicial  assertion very much to the point from Judge Stephen Reinhardt of the (liberal) 9th U.S. Circuit:

“If the defendants [states of Idaho and Nevada] really wished to ensure that as many children as possible had married parents, they would do well to rescind the right of no-fault divorce, or to divorce altogether.   Neither has done so.  Such reforms might face constitutional difficulties  of their own, but at least they would further the states’ asserted interest in solidifying marriage.”      

Latta v Otter,  October 7, 2014

Judge Reinhardt, we’ll notice,  stopped well short of saying that such reforms would be unconstitutional.    As the spate of 5-4  Supreme Court decisions clearly demonstrate in cases where the competing fundamental rights of the opposing parties are actually valid on both sides, these competing rights must be prioritized and  must be carefully balanced.   Brilliant legal minds can honestly disagree on the appropriate balance of fundamental rights based on their particular world view, and hopefully they are not wasting taxpayer dollars by accusing one another of misunderstanding the Constitution.

In this blog, we could paste in links to various cases, but we’ve actually done so in several earlier posts, and will be doing so in the very next planned weekly post on relevant legal definitions, so for brevity we won’t do so here.   We’ll come back later and make appropriate linkages.

The basic rule is that a law is presumed to be constitutional if it is aimed a legitimate state purpose (however ineffectively).    That is, it is deemed constitutional unless it intrinsically, or by its means of implementation, it deprives a citizen or class of citizens of one or more fundamental rights.    In one recent example, various U.S. Circuit Courts have ruled that homosexual couples legally married in one state have a fundamental right to stay married if they move to another state:

JudgeSutton

What are some other fundamental rights?    They are basically anything in the Bill of Rights, or that an authoritative ruling has established as a binding precedent: (free exercise of religion, life, defense of property,  family privacy, parental rights in the education and direction of their children, the equal right to bring a defense against a criminal or civil accusation that would strip life, liberty or property, etc.).

If it’s established that a citizen’s fundamental right is being infringed by a state law, then it is no longer good enough just to have a legitimate state purpose behind it.    In that case, the state must prove two additional things for the law to still be deemed constitutional:   (1) that the state interest is compelling, AND (2) they are implementing it by choosing among available alternatives only the means that least infringes or deprives citizens of that fundamental right.   The Supreme Court has ruled numerous times that the 14th  Amendment requires this.   Meeting both the compelling interest and the least restrictive means tests becomes very difficult for the state where there are indeed fundamental rights being intruded upon!

And how should valid but competing fundamental rights be balanced?   For example, in late term abortions, shouldn’t a 7-month pre-born child’s right to life be prioritized over the mother’s asserted  right to privacy?   Does the state truly have a compelling interest in guaranteeing the mother’s right to privacy under the 14th Amendment, to the extent that it actually supercedes another person’s right to life?

How should someone’s fundamental right to liberty and freedom of association be balanced against their innocent spouse’s right to protection of property, to defend against a civil accusation (as “irreconcilable differences” most surely is) that would strip their freedom of association (with children) or strip their property (such as their retirement funds while the other spouse has committed financial abuse in pursuing an affair)?

Many states do not allow marital fault to be considered in either dividing property or determining child custody.   What is the state’s compelling reason for this, given that a dozen or so states do take marital fault into consideration for these purposes, and given that not doing so sets an offending spouse up to actually profit from their own destructive acts against the marriage?   In fact there may be some legitimate state reasons for this,  but this surely does not offset a non-offending spouse’s fundamental right to due process over their property and parental rights!   In practice, some states may only allow the defrauded spouse to prove any financial abuse in court if they agree with the state and their petitioning spouse that a marriage is “irreconcilable”,  which may conflict with their biblical convictions, and conflict with any right a few states still give to bring evidence that irreconcilable differences do not actually exist (as in the case of an emotionally ill spouse who in reality needs treatment more than they truthfully need a divorce).   What about a discarded spouse’s right of conscience, guaranteed by the 1st Amendment and by most state constitutions, to act according to their biblical conviction if they believe and obey the truly startling and radical words of Jesus (Luke 16:18):

 Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery.”    

The state may have a legitimate reason for seeking to provide a low-cost exit from a marriage, but since all 50 states’ current no-fault laws infringe on the fundamental constitutional rights to stay married, and to family privacy and self-governance for both spouses and any children, what’s the compelling state reason for not having minimum requirements and evidence of professional counseling before accepting only one spouse’s opinion concluding that “all efforts to reconcile have failed”, or that “future efforts to reconcile would not be in the best interests of the family”?   What’s the compelling state interest in not considering other impacted family members’ views on their best interests?   What’s the compelling state interest in facilitating and sanctioning adultery in preference to the existing low-conflict marriage, or in shielding the offending party from incurring meaningful natural financial consequences of divorcing for selfish reasons?    Given the vast amount of damning evidence on the cost of unilateral divorce to state and local governments (hence, taxpayers) over the past 45 years, isn’t the compelling state interest actually in the opposite direction?

It’s also instructive to look at what marriage has become under the no-fault regime.   Unilateral divorce was supposed to “reduce acrimony” (although stripping all of the fundamental rights of one spouse to give blatant legal preference to the other makes it seem like the framers were smoking something),  it was supposed to “protect the children from harm in watching their parents deal with conflict” (never mind the tenfold physical and emotional abuse that is typically in store for the kids at the hands of the live-in boyfriend or girlfriend that has replaced the legitimate mother or father).    When individual sexual autonomy started to trump the compelling interests of society and the extended family as a whole, the meaning of government’s role in protecting marriage profoundly shifted.   Another recent ruling on a gay marriage case stated this point brilliantly, in SIFC’s estimation:

“One starts from the premise that governments got into the business of defining marriage, not to regulate love but to regulate sex…..one can well appreciate why the citizenry would think that a reasonable first concern of any society is the need to regulate male-female relationships and the unique procreative possibilities of them.   One way to pursue this objective is to encourage couples to enter lasting relationships through subsidies and other benefits and to discourage them from ending such relationships through these and other means.     People may not need the government’s encouragement to have sex.   And they may not need the government’s encouragement to propagate the species.  But they may well need the government’s encouragement to create and maintain stable relationships within which children may flourish.”

DeBoer v Snyder,   November 6, 2014

Judge Jeffrey Sutton,  U.S. 6th Circuit Court of Appeals

Unilateral divorce laws intrude into the integrity of the family in a tyrannical attempt to regulate mere affection.   Or, as Texas attorney Ed Truncellito describes our post-1970’s stripped-down version of matrimony in  his blog  “Why No One Is Married“:

In truth, our no-fault laws, as implemented, abolished true marriage…….Although cohabitation is handicapped in many ways, it unfortunately has one important advantage: ordinary cohabitation keeps government out of the home.    In contrast, the registered cohabitation that we still call “marriage” invokes the jurisdiction of government officers. They receive authority to manage the lives of both spouses and their children with legal force. ”  

 

So given all this, what would a constitutional no-fault law look like?

(1) Irreconcilable differences as a non evidence-based ground for divorce would be available only by mutual or cross petition — with fully agreed child and property terms, otherwise it would revert to fault-based procedure to protect the due process rights of the non-offending spouse who for moral or religious reasons does not want to end the marriage.

(What we currently have, while deceitfully called “no-fault”,  is actually forced, unilateral, guaranteed divorce that excuses and often rewards destructive behavior toward the marriage).

(2) Proof and balanced consideration of marital fault would be restored in all contested cases where property and child custody matters could not be agreed between the spouses, and would be done without intrusive and non evidence-based court assessments of when the marriage allegedly broke down.   Proof of dissipation and marital fault would be merged and would simply follow the full proven time frame(s) of the offense(s).

(3) Contested, non-mutual out-of-state and offshore divorce decrees where the grounds and agreed settlement terms do not conform with (1) above will not be honored against assets and child arrangements domiciled in the state, and in-state marital fault proceedings will be required to effect those divisions.

(4) Equal evidence parameters and time frames to bring proof of fault would be restored to both spouses by abolishing court rules and operating procedures which are currently designed to suppress evidence of fault in order to give preference to the Petitioner over the Respondent.

Will these reforms force people to stay married against their wills?   That’s an interesting question since studies show that 80% of spouses in this country are divorced against their will.    It’s also an interesting question because additional studies show a high rate of remarriage to the same first spouse after civil divorce  and even after subsequent remarriage(s).   Other studies show a 60-70% divorce rate for second and subsequent remarriages, and a 97% failure rate for any relationship begun in adultery (this may include cohabitation and marriage combined).     In practice, these reforms will more likely just even out the power balance between spouses in resolving their differences, possibly increasing the percentage of mutual petitions if honest reconciliation efforts fail.   It will certainly make non-mutual divorces more expensive in some cases.    In a rare few cases, people unhappily married to a non-offending religious objector to divorce may not be able to obtain an in-state divorce because they can’t prove serious fault where none exists.   Under the Fourteenth Amendment, that’s as it should be.

Parting wisdom from Jesus:   “Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning……”

The disciples said to him, “If this is the situation between a husband and wife, it is better not to marry.”    – Matthew 19:10

 

Indeed.   One may freely choose their behavior,  but they should not get to also choose the consequences.

 

 

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

www.standerinfamilycourt. com

 

 

 

 

 

 

 

 

 

 

One “Stander’s” Vote

HopeInTheLambby Standerinfamilycourt

“Like a roaring lion and a rushing bear
Is a wicked ruler over a poor people.
 A leader who is a great oppressor lacks understanding,
But he who hates unjust gain will prolong his days.”  Prov. 28:15

“But the vine was plucked up in fury,
    cast down to the ground;
the east wind dried up its fruit;
    they were stripped off and withered.
As for its strong stem,
    fire consumed it.” – Ezekiel 9:12

“I overthrew you, as God overthrew Sodom and Gomorrah,
And you were like a firebrand snatched from a blaze;
Yet you have not returned to Me,” declares the Lord.”  – Amos  4:11

If you will return, O [ United States, the nation I, the Most High established], says the Lord, if you will return to Me, and if you will put away your abominable false gods out of My sight and not stray or waver,  And if you swear, As the Lord lives, in truth, in judgment and justice, and in righteousness (uprightness in every area and relation), then the nations will bless themselves in Him and in Him will they glory.”  – Jeremiah 4: 1-3

“Whoever is faithful in very little is also faithful in much, and whoever is unrighteous in very little is also unrighteous in much.”  (Jesus)                          – Luke 16:10

 

Not that there’s any special recognition due me, but in between election days this stander/citizen, like so many others across the country, I fasted and prayed extensively for godly leadership to be restored to our nation through the 2014 mid-term election.    I’ve  been personally serious about this since at least 2008, when my only practical choice for President of the United States was between a rabidly pro-abortion (and, as it turned out, pro-faux marriage) ultra-liberal and a conservative serial adulterer who had abandoned two prior wives, including a disabled one, because his god is his appetite.    Neither candidate seemed likely to serve our nation unselfishly, nor honor God in doing so.

2008 would not be the last time I had to hold my nose from the moral stench while casting my ballot.    It is simply the escalating curse our nation has been under at God’s hand since the 1970’s when the twin abominations of abortion on demand, and unilateral divorce were imposed across our land – the worship of Baal and the worship of Asherah (the absolute right to immoral remarriage), respectively.    I believe  God was especially provoked to bring progressive discipline on our nation  when His bride the Church was not only silent about the latter,  but chose to widely embrace it.

It was an amazing week, the week of November 4, 2014 across our nation.   I once again complained about the lack of acceptable candidates on the ballot, this time for governor of our state.    One of the candidates had signed the marriage redefinition bill in 2013, flouting God’s (Matthew 19:4-6) timeless definition of marriage.   The other is yet another serial adulterer who also supports abortion-on-demand.    The U.S.  Senate race was just as bad:  a choice between the liberal incumbent with the near-100% voting record against the sanctity of marriage, life and traditional family versus yet another adulterer who had recently made a public statement that he now favored marriage redefinition despite his 2013 state legislature vote against it.    The state family policy counsel published a link to an interesting viewpoint on how to handle that situation while staying true to my godly responsibility to cast my ballot for the upbuilding of the kingdom of God.    Early on election morning, I was personally messaged by its leader, which the Holy Spirit quickened in me as confirmation that this was how God wanted me to vote in resolution of my moral dilemma.   I was grateful not to have had to abstain in those two races, or write-in a throwaway name.

Aside from these legislative and executive candidates, several judgeships were on the ballot.   How many times in my roughly 40 years of adult citizenship had I gone into the voting booth with not a clue who these individuals are who hold such sway that with a mere stroke of a pen they can override what GOD has permanently joined as one person  (Matt. 19:5-6), and change the course of a family for GENERATIONS to come?   I spent a year, approximately 10 court sessions, finding out precisely who these black-robed marriage executioners are!      Once again our state family policy council has greatly improved my citizenship by reporting on who is endorsing and financially supporting those candidacies.   (It also helps to have an increased acquaintance with seasoned attorneys!)

With our constitutional appeal awaiting trial next spring, I realized I could also be voting on retention of two of the judges who may potentially be on the panel who will hear our case.   Of all the previous constitutional challenges to the unilateral divorce laws which I researched in other states, 2 or 3 pivotal decisions that could have spared our nation (particularly the budgets of local governments) some 40 years of evil fallout from this unconstitutional unilateral divorce law turned on the opinion of only 1 judge out of 3, while the dissenting judge’s opinion was actually far more creditable.   You can bet I burned up Google the night before, trying to find out all I possibly could!

 

And the outcome?   The nation was abundantly blessed that the Lord established a meaningful check on the despotic power of the current Chief Executive.    The cause itself of socially conservative godly government was also blessed when diverse candidates by age, race and gender in an overwhelming number of  states replaced liberals who were poised to continue and to step up their attacks on the traditional family.   Our own state didn’t fare so well in comparison, but largely because the fruit had already been “cast from the vine” (Ezekiel 9:12) long before the ballots were even compiled.     Nevertheless, God seems to be hearing the prayers of the saints for the leadership of our nation as a whole.

I’d urge that before we get too smug about drubbing the liberals, we keep seeking the Lord for our further repentance as a nation.    I believe He’s watching to see how we steward the graciousness He’s extended to us.   Will we return to Him?   Most of the national legal ministries do not consider unilateral divorce – which tramples on the very image of God’s covenant with ALL  of us, to be a fundamental rights or religious freedom problem,  and they fail to grasp (or admit) the very real connection between marriage redefinition 2014 and marriage redefinition 1969.    This is despite the various organizational mission statements on which they raise donor funds:

Organization A –  “Restoring the culture by advancing religious freedom, the sanctity of human life and the family.”

Organization B – ” …free legal assistance to Bible-believing churches and Christians who are experiencing difficulty in practicing their religious faith.”   

Organization C – “the spread of the Gospel by transforming the legal system and advocating for religious liberty, the sanctity of life, and marriage and family..”

And so forth.    One admirable exception of “walking the talk” is the Family Research Council who in 2006 materially supported a serious legislative challenge to Michigan’s unilateral divorce law.    Cynically, it seems there are far more numerous powerful individuals whose adultery or commercial interests have benefited from state unilateral divorce laws (some of whom are most likely large donors to these ministries)  than there are homosexuals who have benefited from  the current wave of state marriage redefinition.   (Always best to gore someone else’s ox if you are a 501(c)3.)

Did God directly reward righteous political courage around the (heterosexual) sanctity of marriage issue last Tuesday?    I’ll let the reader ask Him and judge.  The following states have either enacted covenant marriage laws or mounted recent legislative challenge attempts to their longstanding unilateral divorce laws:

Arkansas, Louisiana, Arizona, Kansas, Iowa, Michigan,  Pennsylvania, Oklahoma, and Georgia

The following states defeated a liberal incumbent to fill a Senate seat with a conservative, family-values replacement, checking the President’s amoral social agenda by the resulting gained majority of seats:

Iowa, Arkansas, South Carolina, West Virginia, Colorado, and South Dakota.  (Louisiana’s Senate race was forced into a run-off election for early December, and Kansas held on to  its conservative senator.)

 

Two days later, it got even more exciting as state traditional marriage referenda and traditional marriage definition legislation were upheld by the 6th Federal Circuit in their ruling on the case DeBoer vs.  Snyder  for 4 states:

Ohio, Kentucky, Tennessee, and Michigan.

 

Our state, on the other hand, failed to benefit from the strong citizen showing in 2013 in the state capitol which miraculously held off marriage redefinition for several months after it seemed sure to pass quickly, stunning the whole nation and chagrining the media.    Meanwhile, the unwillingness of that family policy council to publicly oppose and EXPOSE the truly catastrophic pending “family” law bill that would shorten the unilateral divorce waiting period to 6 months from 2 years, would remove any option for fault-based grounds, as well as remove legal sanctions against deliberate spouse-poachers and firms (such as employers) who knowingly allow spouse-poaching to occur, the near-universal silence ultimately allowed this repugnant legislation to pass 90-17 in one legislative chamber without the public’s knowledge or meaningful media publicity.    The real enemy of true marriage is Satan, and you don’t beat him with the resources of mere men, you beat him with the unmerited favor of God in response to obeying Him completely and trusting Him with any consequences of putting His kingdom first.   Tough to walk out before a very human ministry board, but no less what it takes.

As a result of policy leadership  mis-steps, one of the two states with heretofore the lowest divorce rates may gain the unsavory distinction of being the only state resisting the national trend of rethinking no-consequences unilateral divorce in the face of very well-documented societal damage resulting from it.   Citizens should keep in mind from past occurrence that a doubling of the divorce rates has in the past led to a proportional ramp-up in government fiscal woes, something our state could not recover from in its current financial condition.   As a Divinely-orchestrated result of all the foregoing, we now have a Republican governor who’s on record as not concerning himself with “social issues” other than the unfettered access to abortuaries,  and who is poised to retool his state party accordingly.    We have a state senator who failed to unseat an ultra-liberal U.S. senator because the Lord saw no reason to swap one LGBT partisan out for another.    And He had already delivered the U.S. Senate to the faithful without any help from our state.

I think He truly does care very deeply about this unilateral divorce issue, and He let us all know it. FB profile 7xtjw

 

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

www.standerinfamilycourt.com

 

 

 

 

 

 

 

 

Legal Glossary for Disenfranchised “Respondents” Fighting for their Marriage & Family

 

 

constitution-burningReagan

Prayer for Rescue from Enemies.   A Psalm of David.

Contend, O Lord, with those who contend with me;
Fight against those who fight against me.
Take hold of buckler and shield

And rise up for my help.

Psalm 35:1-2  New American Standard Bible (NASB)

Respondent Memeby Standerinfamilycourt

Blogger’s Note:   the discussion that follows reflects only my own research and independent thought, and does not necessarily reflect the advice of my attorneys.   (Wherever a legal term with significant meaning and constitutional  implication has been used in general discussion, it is bolded and italicized.  On the other hand, wherever gratuitous terms from the statute are used that are vaguely defined, and are accepted as true by assertion and inference only – example: “irretrievable breakdown”,  they are left in normal font. )

ABSTRACT:

Two elements render unilateral divorce laws unconstitutional in all or most states:

(1)  availability of “irreconcilable differences” as grounds for dissolution of marriage  in contested cases

(2) the exclusion of marital fault as a factor in determining disputed property and child welfare matters

These elements violate several constitutionally-protected fundamental rights owed to non-offending Respondents in a divorce case, and do so without a compelling government interest.


Innocent spouses who have found themselves on the receiving end of an offending spouse’s unilateral divorce petition are treated civilly by the court only so long as they don’t contest the “irreconcilable differences” allegation, and don’t mind splitting the marital estate 50/50 regardless of serious fault or financial abuse .  Sometimes Respondents can work out something more favorable than 50/50 with a fair-minded spouse.   Often, however, due to the Petitioner’s spite, which is enabled by  the resulting unbalanced legal preference afforded when marital fault is excluded by statute from being considered in property settlement,  or by unscrupulous influence from the opposing attorney,  or by depleted assets due to the offending spouse’s gross financial abuse,  and/or  biased early rulings by the judge,  a compensatory split is not possible and a trial ensues to preserve constitutional protections.   (In this Respondent/”stander’s” case, it was all of the above circumstances.)

If you are a religious or moral objector to divorce, or there has been significant financial abuse that the court wrongfully declined to consider,  a constitutional appeal may be appropriate.    Forty-plus years of such cases challenging the constitutionality of the state laws have failed in appeals because the aggrieved spouse and their attorneys may not have realized what is required for the courts to actually give a Respondent’s constitutional rights sufficient consideration to outweigh the legislative objectives of the enacted laws.    Case law defining these terms in a way that could be beneficial to non-offending divorce Respondents, as a class, has only emerged fairly recently, particularly in cases involving marriage rights.   (See Part 1 and Part 2 of our Constitutional Case History.)

 

What follows below are some legal definitions and case citations that may be useful to a Respondent in seeking constitutional relief against the sort of judicial favoritism overwhelmingly shown to Petitioners under the prevailing system.    These definitions may help in persuading a judge to go beyond applying a “rational basis” standard of review to the appeal.    If this can be accomplished, the civil authority must then bring evidence that the results of the law match the intent of the law, and that there was not a more effective and less constitutionally-invasive alternative of accomplishing the objectives of the law.

It is very difficult to get consideration as a disfavored class outside of religious or race/gender/nationality protections, but once this is achieved, it becomes pretty difficult for the state to meet the more discerning and demanding tests that result.   Someday, sooner or later,  this overlooked issue will topple a state’s unconscionable unilateral divorce laws.    High courts normally require “narrow tailoring” of a law to meet its stated objective, but various features of existing “no-fault” laws generally paint a very broad brush stroke, with widespread disparate impact, in order to favor a small ideological minority such as homosexuals or battered spouses  at the expense of everyone else, including taxpayers and society at large.

 

Respondent – the term given to a defendant in a civil divorce case as a result of the unilateral divorce laws.    Respondents seem to need a special name to denote for the legal community the singling out versus ordinary defendants because they have fewer constitutional protections than any other class of civil or criminal defendant.  This is in order to give intentional legal preference to the Petitioner in the event the litigation is contested.

 

Standard of Review – a defined process courts must follow to determine whether there is sufficient justification to impair the 14th Amendment constitutional protections of an individual adversely impacted by a law that favors one group over another

Strict Scrutiny –  the most favorable standard of review to Respondents as a class, or as individuals who have been denied their fundamental rights (religious expression, parental sovereignty, family privacy, defense against a civil charge, defense of property).    For a law to pass the test as constitutional under this level of review, the civil authority must prove that the law serves a “compelling” purpose, and that the means chosen to accomplish that purpose is the “least restrictive” alternative available.   This more exacting standard of review must be applied where a Respondent demonstrates that a clearly-defined fundamental right has been impaired or denied, or that their free exercise of religion has been substantially burdened.   (See also “RFRA” below).

Heightened Scrutiny –  standard of review that is analogous to Strict Scrutiny.

Korematsu v United States (1944) U.S. Supreme Court         (heinously, the compelling interest test was deemed to be met which allowed the internment of Japanese Americans during WWII)

Burwell v Hobby Lobby (2014) U.S. Supreme Court                                Korte v Sebelius (2013)  U.S. 7th Circuit

 

“Suspect Class” & “Quasi-Suspect Class”–  an aggrieved class of citizens who are deemed by the court to be entitled to the protection of a heightened standard of judicial review due to one or more of several factors:

To prevail here, it needs to be shown that Respondents can be identified as a minority class that shares much of the following experience….

(1) longstanding pattern of animus or systemic discrimination,          (2) politically weak and legislatively / societally disfavored,                  (3) some disfavored immutable characteristic or other characteristic not within their control:  race, gender, nationality, deeply-held conviction about the indissoluability of marriage, etc.                                     (4) the characteristic bears no relation to their ability to perform or contribute to society.

Judge T S Black_quote

Where a quasi-suspect classification is established, intermediate scrutiny applies.  Here the burden shifts to the state to prove that the law serves an “important” governmental objective that could not be met without the means chosen, and that there’s a close fit between the outcome of the law and its claimed objective.   We all know by now that unilateral divorce laws cannot stand up against that kind of scrutiny due to the range of well-documented perverse outcomes, and due to the varying ways these laws have been enacted in different states, especially in that not all states apply marital fault to child custody and property division yet still enforce no-fault grounds.

Kerrigan v Public Health Commission, CT Supreme Court, (2008), pages 5-40 of embedded link, which in turn cites several Federal cases.

  Varnum v Brian,  IA Supreme Court (2009)

 

Intermediate Scrutiny  –  standard of review that is moderately protective of the constitutional rights of Respondents where the burden of proof is also with the civil authority which must prove the law serves an “important” interest which could not be achieved in the absence of that particular law, and the law actually has a close enough fit with its objective such that it actually achieves that interest or result.    Presumably, a Respondent can bring refuting evidence around the last two points, since years of evidence have stacked up in every state that unilateral divorce works against the stated purposes in the statute, and have produced the exact opposite of the objectives espoused in the legislative history, along with disastrous unintended consequences.   For this standard of review to apply,  however, there has to be evidence that the contesting Respondent is a member of a “Suspect Class” or “Quasi-Suspect Class”.

Craig v Boren (1976)  U.S. Supreme Court

FB profile 7xtjw(SIFC commentary:  if Respondents were to be treated as a quasi-suspect class, or if any of the above levels of review were applied, it would be difficult for the civil authority to obtain a finding that unilaterally-asserted and unsubstantiated “irreconcilable differences”  grounds accusations constitutionally withstand 14th Amendment equal protection and substantive due process tests.   However, all rulings to-date on constitutional challenges to divorce laws have applied rational basis as the level of review, mostly due to insufficiently developed case law and unjust failure to recognize contesting Respondents as a “Quasi-Suspect Class” or as having protected fundamental rights, as individuals or as a class.)

 

Rational Basis –  the level of review most beneficial to the civil authority seeking to defend a law and enforce it against an injured party who brings a constitutional challenge.    To gain priority over a Respondent’s equal protection and due process rights, a civil authority must establish only that the law serves a “legitimate” purpose, and the means is reasonably / rationally connected with furthering that purpose.    The burden in this situation is on the Respondent to prove otherwise.    Unjustifiably, this has been the review standard applied at the state level to all past constitutional challenges of unilateral divorce laws,  occasionally in 2-1 split appeals panel decisions concerning the level of scrutiny that should be applied.

United States v Carolene Products Company (1938)  U.S. Supreme Ct

 

Legitimate Purpose –   There have been a bevy of recent homosexual marriage redefinition cases that struck down voter-approved constitutional amendments defining marriage by finding that such laws had no rational relationship to meeting a legitimate state interest.     Yet, according to legal scholars,  Kathleen M. Sullivan and Gerald Gunther,   under this standard of review, the “legitimate interest” does not have to be the government’s actual interest.  Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.     These volatile extremes in potential judicial outcomes show that the concept of “legitimate purpose” appears to have degenerated from its original aim of protecting separation of powers, to an area ripe for judicial anarchy, as ideological politics increasingly infect the bench.     However,  it is clear from a preponderance of  recent rulings that state legitimate purposes still cannot deprive a class of citizens of their fundamental  rights.   In other words, state legislatures can’t override fundamental rights,  and they are not subject to the will of the majority without a compelling state interest at stake, provided the states’ high courts are doing their job without class bias .

Bostic v Schaefer, 4th U.S. Circuit (2014)                                                                   Kitchen v Herbert, 10th U.S. Circuit (2014)

 

Important Purpose –   this level of review requires that the law or policy being challenged furthers an important government interest in a way that is substantially related to that interest.    As  contrasted with “legitimate” purpose, the burden shifts to the state, and there must be shown a reasonable fit between the law and its objective.   Presumably, this still cannot deprive a politically disfavored group of their fundamental rights.      As contrasted  with  “compelling” interest,  there’s no requirement for least restrictive means.

 

Compelling Interest –   historically defined as something necessary or crucial, as opposed to something merely preferred by the prevailing state ideology.    Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections.    However, the recent religious free exercise case,  Korte v Sebelius   (7th US Circuit) added a lot of flavor,  which was fortunate because the U.S. Supreme Court chose not to go there  in  the  companion  case,  Burwell v  Hobby  Lobby.      According to Korte, the 7th Circuit stated, “the compelling interest test generally requires a high degree of necessity.   The government must identify an actual problem in need of solving, and the curtailment [of the fundamental right] must be actually necessary to the solution.   In the free exercise context, only those interests of the highest order and those not otherwise served can overbalance the legitimate claims to the free exercise of religion… some substantial threat to public safety, peace or order.   Finally, a law connot be regarded as protecting an interest of the highest order when it leaves appreciable damage to that supposedly vital interest.”

Brown v Entertainment Merchants Assoc.  (2011)   U.S. Supreme Ct     Church of the Lukumi Babalu Aye v City of Hialeah (1993)  U.S. Supreme Ct

What has unilateral divorce done to the actual instances of perjury in family court?    What have been the documented child welfare results?    What impact has unilateral divorce had on the poverty rates in single parent households?    What has it done to the demand for deviant forms of marriage requiring further redefinition?    What has it done to the actual demand for heterosexual marriage?   What has it actually done to all of those lofty elements in the preambles that incongruously “grace” most all state marriage destruction statutes (i.e. public health and morality, parental cooperation, etc.) ?    Could a more powerful case be made after 45 years of documented experience that the compelling government interest actually lies in the opposite direction of unilateral divorce,  and that stripping literally millions of citizens of their fundamental rights to carry out this failed social experiment was totally unwarranted?

 

Fundamental Rights –  Those rights enumerated in the US Constitution are recognized as “fundamental” by the US Supreme Court.    According to the Supreme Court, enumerated rights that are incorporated are so fundamental that any law restricting such a right must both serve a compelling state purpose and be narrowly-tailored to that compelling purpose.   The test usually articulated for determining fundamentality under the Due Process Clause is that the putative right must be “implicit in the concept of ordered liberty” or  “deeply rooted in this Nation’s history and tradition”.

For  Respondents opposed to unprovoked government intrusion into  the sovereignty of their covenant marriage and family, including irreparable harm to subsequent generations,  several fundamental rights are ignored by state law in order to guarantee the nonconsensual availability  to the Petitioner of  “irreconcilable differences” as grounds  for unilateral marriage dissolution without economic consequence, and because of the statutory exclusion of marital  fault in  determining  child welfare and property  division, which include:

  • The fundamental rights of liberty  and freedom  of  association,  of non-offending spouses  with their  children,  as well as the right of association  with  beloved members of  the  extended marital  family, often after decades of perfectly healthy marriage.

In some cases, restraining orders are obtained against non-offending Respondents where no warranting circumstances exist,  for example.

FB profile 7xtjw(SIFC was slandered and accused in  court by opposing counsel, then excoriated by the trial judge as a “stalker” for attending a post-petition family reunion with her husband’s permission and his  accompaniment, as testified to by two other accompanying witnesses!)

 

  • The fundamental right to freedom of religious expression and conscience in opposing the divorce action, in particular, declining on biblical authority to agree that a marriage joined by God is ever “irretrievably broken” since such an assertion is contrary to His Word,  also in the right to make financial decisions in the face of a prodigal spouse’s misconduct based on a biblical model of family role accountability instead of one imposed by the courts as their case law prerequisite to preserving property rights.   Finally, religious exercise in unilateral divorce is abridged  in a Respondent parent’s right to make decisions about the direction of their children’s education and other best interests, as opposed to what the court deems so.     Expressing biblical truth from the witness stand can result in personal credibility being slandered by the judge without any substantiation ,  for example, even when massive perjury has permeated the courtroom from the Petitioners side.

Burwell v Hobby Lobby (2014)   the U.S. Supreme Court upheld religiously-motivated choices and behaviors, as well as declining to engage in certain behaviors,  as constitutionally-protected religious expression  and right of conscience under the  Free Exercise Clause of the 1st Amendment .

 

  • The fundamental right to bring an equal and effective defense against a civil charge –  the statute of our state still pays a little bit of “lip service” to what four or five elements constitute a finding of “irreconcilable differences”.   The statute implies that both parties have an equal right to bring evidence to support or refute those elements.    SIFC’s Christian attorney made a valiant and compelling effort to do so, and at the same time appeared markedly reserved in seeking to do so.    However, the judge has the sole latitude to determine who may be allowed to do so.   Unfortunately, since allowing such evidence is deemed “prejudicial” to granting the divorce, Respondents are increasingly overruled in bringing such evidence, even denied the right to refute perjurous testimony by the Petitioner.    A unilateral divorce petition is a lawsuit guaranteed in all 50 states to remove liberty, status, privacy, property and parental rights from the Respondent, with or without just cause.    The statutory semantics of terming a civil charge as “grounds”  instead of an “allegation” to curtail the right of defense,  and denying a jury trial is unique to family court and affords Respondents fewer protections than any other type of criminal or civil defendant.

 

  •  The right to marriage (and by recent corollary, the right to remain civilly married after moving to another state) have consistently been ruled fundamental rights.    Absent proof of serious harm done by the Respondent to the Petitioner or to the marriage, state government violates this fundamental right guaranteed to non-offending Respondents  by the 14th Amendment when state courts allow Petitioners to unilaterally dissolve a marriage against the will and moral convictions of their non-offending spouse.    Inasmuch as Jesus said, “he who divorces his wife forces her to commit adultery”…and “he who marries a divorced woman commits adultery”,  many religious objectors who are stripped of their marital status for no cause by a court are effectively stripped of their fundamental right to remarry except to their covenant spouse.

Loving v Virginia  (1967)  U.S. Supreme  Ct

Obergefell v Kasich (2014)    US District Ct, Ohio

JudgeSutton2

Barrier v Vasterling (2014)  Jackson  County Circuit Court, MO

Judge J Dale Youngs MO Circ

 

 

  • The fundamental right to marital privacy and protection from unwarranted intrusion by government into the home –  state legislation of a generation ago impeding the distribution of contraceptives and information by parties outside the marriage was deemed an intrusion into marital privacy, yet state legislation forcing the unilateral on-demand breakup of the family for no spousal cause and with no economic consequences, beginning just 4 years later, somehow escaped the same scrutiny as reflected in this lofty and very true sentiment which was brushed aside by liberal state courts in the fostering of unilateral divorce, and apparently only got dusted off in 2003-2014 for the benefit of further redefining marriage into its current genderless form:

We deal with a right of privacy older than the Bill of Rights – older than our political parties, older than our school system.   Marriage is coming together for better or worse, hopefully enduring, and intimate to the degree of being sacred.    It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects.”

Griswold v Connecticut  (1965)   U.S. Supreme Ct

Is it not true, that the nonconsensual / unilateral availability of “irreconcilable differences” as grounds for dissolving a civil marriage  creates a violation of the marital privacy right of the non-offending, non-consenting spouse?   Is it not true that it does so without a compelling state interest in a way that is not narrowly tailored?   After all, neither the 14th nor the 9th Amendments grant fundamental rights to marriages, they grant them to individual citizens.     Furthermore, access to unilateral divorce without mutual consent appears to undercut the fundamental right of one spouse to seek appropriate therapeutic care for the other spouse where severe emotional illness may actually be the root cause of the perceived “irreconcilable differences”.      The U.S.  7th Circuit found in Drollinger v Milligan that the right to care for family members is also a fundamental right.

 

  • The fundamental right of parental authority and determination of children’s education and welfare

Pierce v Society of Sisters  (1925)  U.S. Supreme Ct

“It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder….It is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter.”

Reno v Flores (1993)  U.S. Supreme Ct

“In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specifically protected by the Due Process Clause includes the rights….to direct the education and upbringing of one’s children.”

 

Troxel v. Granville  (2000)  U.S. Supreme Ct

[Justice Thomas, concurring opinion;]  “The opinions of the plurality, Justice Kennedy, and Justice Souter recognize such a fundamental parental right, but curiously none of them articulates the appropriate standard of review.   I would apply strict scrutiny to the infringements of fundamental rights.”

 

Stanley v Illinois  (1972)   U.S. Supreme Ct

“The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection. It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children “come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements.” Kovacs v. Cooper, 336 U.S. 77, 95 (1949) (Frankfurter, J., concurring).

The Court has frequently emphasized the importance of the family. The rights to conceive and to raise one’s children have been deemed “essential,” Meyer v. Nebraska, 262 U.S. 390, 399 (1923), “basic civil rights of man,” Skinner v. Oklahoma, 316 U.S. 535, 541 (1942), and “[r]ights far more precious . . . than property rights,”

 

Drollinger v Milligan  (1977)     US 7th Circuit

The interest in the custody and care of a child by his family which has been granted paramount importance within our constitutional framework, is rooted in the right of privacy and involves the freedom to make certain kinds of important decisions involving a broad range of marital, sexual and familial relationships.”

 

 

  • The fundamental right to protection of property from government confiscation / redistribution without due compensation

W. Virginia State Board of Educ. v Barnette  (1943)  U.S. Supreme Ct

In the Supreme Court’s discussion of fundamental rights in Barnette,  they state: ” The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.   One’s right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be put to a vote; they depend on the outcome of no elections.”

State divorce legislation that imposes divorce unilaterally at the request of an offending spouse, then excludes all consideration of marital fault in distributing property, violates the fundamental right to retain and defend one’s property, especially retirement assets of the non-offending spouse who is morally opposed to the divorce.    Since several states still grant unilateral divorce without finding it necessary to exclude marital fault for this purpose,  even the rational basis for doing so appears highly questionable.

Additionally, the practice creates a sharp contradiction in the law.   The 1888 Supreme Court case, Maynard v Hill was a particularly bad decision that singled out the marriage contract as beyond the protections of Article 1, Section 10 of the U.S. Constitution from ex post facto state legislative acts that would impair the contract.    Then, some 80 years later, this heinous legislation took the conflicting position that marital fault should not be considered as a factor in dividing marital property because marriage was deemed to be “an economic partnership”.    Partnerships are in fact economic contracts, that are normally subject to a host of protections from financial malfeasance if the partners are not spouses that the marriage contract does not enjoy.

 

RFRA (Religious Freedom Restoration Act) –  a law sometimes passed in a state following the 1990 U.S. Supreme Court decision that restricted the application of the 1st Amendment Free Exercise clause on a individual’s rights if a law is one of “general application”.    Language (and effectiveness) varies by state, but generally such laws require strict scrutiny once the Respondent has shown that their free exercise of religion has been burdened by application of the law to them, and it usually provides that this constitutional protection applies to laws of general application.   There is also a Federal RFRA, but this cannot be applied to divorce cases where the state has not enacted a similar law.    Many states have only recently enacted these laws after the original dozen or so states who did so in the 1990’s.    Application of RFRA to a case provides only narrow relief that is limited to the specific individual seeking it, not any class.

FB profile 7xtjw SIFC commentary:  RFRA’s  can give important relief to Respondents who are religious objectors to divorce, especially where the trial court judgment was punitive and taken in reprisal for contesting the grounds or pressing a large (albeit lawful) dissipation claim that spans several years of concealed financial abuse, perhaps in pursuit of an affair.  [Ideologically, allowing compensatory dissipation claims to be honored weakens the portion of the law that bars any consequences for marital misconduct].   It is not uncommon for some judges to make a political example of otherwise-innocent contesting Respondents through disallowance of or barring due process around dissipation claims.    In SIFC’s case this was done by requiring her to agree with the court that the marriage was “irretrievably broken”, which was against her long held biblical convictions.   

 

Animus –   State laws which have been shown to target a disfavored class and deprive them of equal protection in order to give legal preference to an opposing class have been subjected to heightened scrutiny under the 14th Amendment.   There is no question that unilateral divorce laws were enacted with the express intent of removing the protections historically afforded to defendants in divorce and downplaying both the role of willful acts against the marriage by the offending Petitioner,  and the objective interests of their minor or  emancipated children.    Today, in courtrooms across the country,  those who seek to preserve the integrity of  their families are labeled “stalkers”, “religious fundamentalists”, “mal-adjusted” and worse!    Recent legislative bills in Illinois seeking to remove even more protections from Respondents are replete with similarly-disparaging references for anyone who stands in moral opposition to unfettered sexual autonomy.    This could be unrecognized  “class legislation” similar to that repudiated by Justice Kennedy in Romer v Evans:

“A law declaring that in general it shall be more difficult for one group of citizens than for all others to seek aid from the government is itself a denial of equal protection of the laws in the most literal sense.  “The guaranty of ‘equal protection of the laws is a pledge of the protection of equal laws.’

As stated in Bishop v Smith:  evidence of animus requires  “some structural aberration in the law at issue, like the imposition of wide-ranging and novel deprivations upon the disfavored group or deviation from the historical  territory of the sovereign simply to eliminate privileges that the disfavored group might otherwise enjoy.”

Romer v Evans  (1996)  U.S. Supreme Ct

Bishop v Smith  (2014)  U.S. 10th Circuit

 

Procedural Due Process –  constitutional principle related to the 14th Amendment that aims to protect individuals from the coercive power of government by ensuring that adjudication processes under valid laws are fair and impartial, that both parties are accorded the right to sufficient notice, an impartial arbiter,  the right to give testimony and  bring relevant evidence, enforcing equal compliance with discovery process, etc.    Family law courts frequently violate procedural due process in a contested unilateral divorce case by giving permissive treatment in many of these areas to the Petitioner while holding the Respondent to an exacting standard.

 

Substantive Due Process –  constitutional principle related to the 14th Amendment that aims to protect individuals against majoritarian policy enactments that exceed the limits of government authority by infringing on fundamental rights without a compelling state interest and narrow tailoring (close fit with state objective and least restrictive means) to achieve that interest.    Invoking substantive due process is intended to prevent singling out a disfavored group and removing their rights to life, liberty, property, marriage, marital privacy, parental authority or religious expression in order to shift the power to an opposing group or its economic beneficiaries.    In the case of unilateral divorce and family law courts, those economic beneficiaries also tend to be the very gatekeepers of justice in a severe conflict of interest!

It is vitally important to recognize that typical contested unilateral divorce proceedings will often violate both types of constitutionally-protected due process in the same case, but the tendency in the legal community is to focus on procedural due process and say the judge erred, rather than that his acts were intentional, pre-emptive or punitive.  

 

Disparate impact –   unintentional impact on a protected, disadvantaged group from enforcement of state laws.     Studies available by 2010 of the economic impact of unilateral divorce on low-income minority families, especially those headed by single mothers, caused the New York State Chapter of the National Organization for Women to actively oppose enactment of that state’s unilateral divorce laws, though broadly supported by other feminist groups in the state.   Additionally, inner city pastors are among the few clergy who will officially and publicly speak out against unilateral divorce for this same reason.     Though not a protected class, the next group to be hit by disparate impact is Respondents over age 50  in “gray divorce”, nearing retirement after 30-40 years of marriage who are suddenly stripped of that retirement when the court awards QDRO’s diverting retirement assets to the offending spouse whose financial planning was not as responsible as their own, and whose offending spouses brought the unilateral petition.   Some of these cases harbor untreated emotional illnesses which family courts will not give the responsible spouse any latitude to testify about or seek help for their beloved life partner in violation of the fundamental right recognized in previous high court cases to care for one’s family members.   In cases of severe concealed financial abuse, no-fault confiscation of retirement assets can happen even when the income of the offending Petitioner far exceeds that the of the non-offending Respondent.

SUMMARY

Despite the strong parallels between Respondents and  recent high court precedents protecting other politically-disfavored classes in marriage rights, and despite the presumptive validity of the fundamental rights of individual Respondents,  SIFC is struggling to convince her constitutional attorneys to pursue a serious and sufficiently-vigorous 14th Amendment challenge,  while there is individual relief available to her under religious freedom protections.      There could be fear that the state appeals courts will deem maintaining parity with other states’ unilateral divorce laws a important state interest, fearing that citizens may then be forced to defend actions undertaken by a malicious spouse in a more permissive state.  

There could be fear of an unknown retroactive liability impact for the state if  either nonconsensual “irreconcilable differences” as unilateral grounds for dissolution were ruled  to be  an equal protection violation, or if exclusion of marital fault in property and custody determination were ruled a substantive due process violation.    Would tens of thousands of forcibly-divorced former Respondents who contested the state-imposed unilateral dissolution of their marriages and were badly treated by the courts then be able to sue the state for restoration of property and parental rights, plus damages?

Though such an outcome would balance and restore fundamental rights that failed to be protected for “Respondents”  under Rational Basis Review a generation ago, which were wrongfully stripped away from a politically weak and disfavored class , there are some liberals and conservatives who politically would still see this outcome as “judicial activism”.   However, this is quite different from the sort of judicial activism that creates new special rights for a politically powerful and well-funded minority group.

 

In  SIFC’s estimation, two elements make unilateral divorce laws unconstitutional in all or most states:

(1)  availability of “irreconcilable differences” as grounds for dissolution of marriage  in contested cases

(2) the exclusion of marital fault as a factor in determining disputed property and child welfare matters

Standerinfamilycourt.com believes these laws give rise to the unconstitutional failure to balance between the fundamental rights of the Petitioner and the fundamental rights  of the Respondent (along with the fundamental rights of other adversely-impacted family members).    All state encroachment on the integrity and sovereignty of the family without a compelling state interest actually transfers societal control from private citizens and families to the government in an unwarranted way, even if it comes at the request of one of the spouses.     Public interest groups devoted to constitutional protections and to the defense of the traditional family should begin  taking this issue very seriously, even if belatedly and for the first time.

 

 

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

www.standerinfamilycourt.com