New York State Has No Authority to License Homosexual Marriage


By Dr. Ted Baehr

Abolition of the family! … The bourgeois family will disappear, in the course [of history] as its supplement [private property] disappears, and both will vanish with the destruction of capital.
The Communist Manifesto, Chapter 2, Karl Marx & Friedrich Engels.

On June 25, 2011, MSNBC and the other undereducated, misinformed and politicized news media proclaimed, “N.Y. becomes sixth and largest state to legalize gay marriage.” Of course, this is the same group of fellow travelers and useful idiots who mis-apply the Establishment Clause of the First Amendment of the Bill of Rights in the U.S. Constitution to the respective States, “”Congress shall make no law respecting an establishment of religion” to deny Christians and soon Jews the freedom of worship, when the clause plainly recognizes the inalienable freedom of worship.

Either of these distortions of real Truth is more of the same Marxist double speak. The N.Y. State government has no authority to legalize homosexual marriage, whether the government was conscious of the Marxist thrust of their illegal actions or just useful idiots in the advance of Marx’s goal to destroy the family.

Pages could be, have been and should be written about the progressive Marxist destruction of the American Constitutional Republic; and, pages could be, have been and should be written about the destructive nature of the homosexualization of the culture. With regard to the illegal action of the NY State government, it is more important to understand clearly that the civil government has no authority in area of the free exercise of religion such as marriage. If it has no authority and tries to exercise power not vested to it, then the state is acting illegally.

So that you don’t buy the lie! This article focuses on the fact that intentionally or not, too many in the press, the mass media, the government, and the education establishment have confused the citizens of America about the institution of marriage.

First of all, as many of our readers already know, there are many forms of government. In our western democracy, there are at least four spheres of government: individual government, family government, ecclesiastical government, and civil government. In the United States of America, the civil government owes its existence to the consent of the governed, not the other way around, in the tradition of the Magna Carte. Furthermore, since the Rev. Samuel Rutherford wrote LEX, REX, which clarified the rule of law posited by the Magna Carte, all of these forms of government have been under God’s Law in the United Kingdom and the United States of America. When king or ruler is above the law, he often acts in imperious and dictatorial ways, for the very nature of power is to corrupt the powerful, unless it is restrained by God’s Law. In essence, God’s Law says to love your neighbor as yourself, and the civil government is subject to that divine law.

Thus, the Declaration of Independence made it clear that King George III acted illegally when he oppressed the American colonies, because he was under the Law of God. Countries that allowed men to rule above the law have produced tyrants such as Stalin, Hitler and Mao Tse Tung. Current examples include Mugabwe, Chavez and the military junta in Burma, among many others.

It must be emphasized that marriage between one man and one woman is a God ordained, God defined, biblical act. For 1800 years in western countries, marriage was a unique institution, initiated by God when he created the male and female, presided over by Jesus Christ when he blessed the act of marriage and stated that a man and a woman would leave their parents and join together to become one flesh, and sustained by the Holy Spirit who not only holds the marriage together but also produces the offspring that God creates.

The norm in most other religions is not monogamy, although many have borrowed the form of a Christian wedding. Moreover, the state’s involvement in Christian marriage is relatively recent.

In 1837, the Rev. Henry Morris complained that the state had usurped the authority of God in marriage. Norris railed against the passage of a law on marriage by providing a detailed look at the institution of marriage. He painstakingly exegeted the scriptures in establishing his point that marriage is most importantly a religious institution, and therefore it should not be relegated to a strictly civil character:

“They took from the Clergy ‘the solemnizing of Matrimony, and put it into the hands of Justices of the Peace. . . .’ In the former instance of this desecration being ordained, the power to legislate had been seized by those who would be restrained in nothing that they imagined to do; and, in a day specified in their ordinance, ‘no other marriage whatsoever within the Commonwealth,’ but such as should be contracted. . . before a Justice of the Peace, ‘should be held or accounted a marriage according to the law of England.’ But the national principle is not yet sufficiently prostrated to make us again ripe for so arbitrary and irreligious an imposition, and therefore, by the law just come in force, you are left to form your own judgments, whether marriage is a mere civil contract, or a Divine institution ‘whether it shall be celebrated with or without any offices of religion’ whether the Church, the Conventicle, or the Register-office, shall be the place of celebration and whether the Clergyman of the Parish, the Dissenting Teacher, or the superintendent Registrar, shall officiate on the occasion.”

The Rev. Norris adds that the biblical position is that only God ordains marriage. So, in the light of history and God’s Word written, the judges in Massachusetts, California or any other state or federal court have nothing to say about Christian marriage and have no authority to define, ordain or desecrate it.

The Rev. Norris brilliantly continues in his sermon:

“by the “state of matrimony the spiritual marriage that is betwixt Christ and His Church is signified and represented. . . .”

“But that ‘the fruitful vine’. . . is not procurable by a civil contract, it cometh only of the Lord.”

His reasoning is impeccable, but many have forgotten that marriage belongs to the church. In fact, a few are very uncomfortable with that concept because of the abuse of power by some ecclesiastical authorities. Two wrongs don’t make a right, however. And they certainly don’t make a civil right to same-sex “marriage.”

With regard to the abuse of power, it must be noted that civil government is good, although there can be bad presidents, governors, judges, and other authorities. Family government is good, although there can be bad fathers and mothers. Ecclesiastical government is good, though there can be bad clergymen. The rules and the laws of the exception do not make the rule. In other words, a bad father does not give us the license to call for the abolishment of fatherhood, etc. What it does do is to give us the opportunity for checks and balances, which until recently were most perfectly expressed in our constitutional government.

The church has to reclaim marriage as its unique institution. Whatever anyone wants to do outside of the church may be their business, but it is not sanctioned by God’s Law. The state has the right to regulate only what the Constitution allows it to regulate, because there is no liberty for license. But, the state does not have the right to tell the church that any couple outside of the faith is married.

We need to stand for God’s Law in the face of the power grab by those in civil authority, who know no restraints.

New York and the other increasingly socialized states have not only violated God’s Law, they have also violated their own constitution and the will of the governed. When they do that, they are just like King George. They have abdicated their moral and legal authority and are subject to indictment, trial and just punishment.

Now, all those who freely exercise their inalienable right to religious faith, must stop acting like useful idiots and fellow travelers by going along to get along, and instead stand for your God-given rights by proclaiming loud and clear that these NY government servants have crossed the line into illegal activity that as no authority and makes them criminals.

Often, the people of faith and values do not stand up because they have been slowly boiled in the brine of socialism and so give the states powers they have no authority to use. Often the state or federal government creates the problem by violating our individual right to property, estates, income, etc through the Marxist device of illicit taxation, and then argues from the problem the state created that the state needs to govern marriage to alleviate the tax burdens the state created so that the state can encourage marriage. Such circular and dishonest reasoning has almost deceived the very electorate.

Now, the people of have and values must throw off the stupor of Marxist double speak and return to the basic principles that made them free to live at peace in the American Republic that recognizes “life, liberty and the pursuit of happiness.”

The power to tax is the power to destroy. Do not let it destroy godly marriage and families!

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