A chief justice puts human face on doctrine of lesser magistrate

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Tennessee county clerks face a possible anti-marriage ruling out of Washington in June. They should say “no, sir!” not merely on the basis of personal religious conviction, but on a firm footing in legal reasoning. To supply them with LEGAL reasons to ignore a pro-gay ruling I make available my little work, “Good Faith & the County Clerk” (click for quick download), giving the legal rationale within the doctrine of the lesser magistrate.

This free booklet gives the legal basis for operation of the doctrine of the lesser magistrate.

This booklet gives legal reasoning behind the doctrine of the lesser magistrate.

Why do public officials take an oath of office? Is it taken to secure them in times of ease, comfort and social tranquility? No, oaths are meant for times of stress, conflict, deceit and lawlessness. Oaths taken by my county clerk (issuer of marriage licenses) and yours intended to secure these men in office at times such as these in which their promises to uphold their state constitutions are being dismissed, and they are ostensibly freed from a duty to uphold marriage as defined by the state constitution. The courage of Alabama’s top judges, including Roy Moore, is vital in this day of intended moral and political subjugation. On the basis of a local official’s oath of office, a court opinion for poofter unions as a constitutional right can be seen as so much worthless bluster. — DJT

By Matt Trewhella

On March 23 Alabama Chief Justice Roy Moore spoke to hundreds in Texas, including scores of state officials, who had gathered in defense of God’s created order for marriage. They wanted to hear of the interposition of the Alabama Supreme Court against federal judicial tyranny.

In his comments, Judge Moore stated – “But if I should hold back my opinions at such a time as this, I would consider myself guilty of treason toward my country — and an act of disloyalty to the majesty of heaven Whom I revere above all earthly kings.”

Roy Moore, Alabama chief justice

Roy Moore,
Alabama chief justice

These are words of great weight coming from Judge Moore precisely because he is willing to hazard his own life for what is right and needed.

Judge Moore has — as Seutonius said of lower magistrates who defy the immoral decrees of higher authorities — “grabbed the wolf by the ears.”

He and the Alabama Supreme Court alone are standing in defiance of federal courts that have trampled state constitutions.

While the governors, judges, and legislators of 27 other states have bowed their necks to a lawless federal judiciary, Judge Moore and the Alabama Supreme Court have instead demonstrated interposition.

Interposition is that calling of God which causes one to step into the gap – willingly placing oneself between the oppressor and his intended victim. Interposition is demonstrated when someone or some group interposes or positions themselves between an oppressor and the intended victim.

When it comes to the interposition of the lesser magistrates, they interpose for the people – placing themselves between the unjust laws or court opinions of the higher authority and the people. They act in defense of the rule of law.

They also abate the just judgment of God.

Preferring God to man

In his monumental work, Policraticus, written in 1159 AD, John of Salisbury said the following about the interposition of lower magistrates:

Loyal shoulders should sustain the power of the ruler so long as it is exercised in subjection to God and follows His ordinances; but if it resists and opposes the divine commandments, and wishes to make me share in its war against God, then with unrestrained voice, I answer back that – God must be preferred before any man on earth.

Let us not forget that the homosexuals themselves are openly declaring that the purpose of homosexual marriage is to destroy marriage. For example, look at this one-minute video of Masha Gessen, a well-known lesbian activist who has newspapers from the New York Times to the Los Angeles Times regularly run her columns in which she openly states the true motivation for this effort through the arm of the State.

This is no time for cowardice. Rather, it is time for bravery as demonstrated here by Chief Justice Moore.

Judge Moore (see a seven-minute address in Texas) and the Alabama Supreme Court are exposing the fiction that federal courts simply must always be obeyed. Federal courts have no authority when it comes to redefining marriage or telling states how to define it.

Matthew Trewhella is the pastor of Mercy Seat Christian Church (MercySeat.net). He and his wife, Clara, have 11 children and reside in the Milwaukee, Wisc., area. He is the author of the book The Doctrine of the Lesser Magistrates: A Proper Response to Tyranny and A Repudiation of Unlimited Obedience to Civil Government which can be obtained at Amazon.com or LesserMagistrate.com.

My good-faith clerk analyses

What’s in ‘Good Faith & The County Clerk’

Bad faith and its bitter fruits; constitutional obedience is ‘good faith’

How local, state officials in ‘good faith’ defy alien jurisdictions

Clerk facing gay mudslide can act in good faith, say ‘sorry, boys’

Gleanings from sniveler’s lips: Oath of office controls duty of marriage clerks

Truth be told; how clerks, judges may cheerfully reject gay fibs in public record

Judges give glad defense of democratic processes, states’ rights, federalism

U.S. judge defends authority of states to define marriage

Rejecting lesser magistrate doctrine, a governor betrays state, citizens, sovereign

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