Friday, November 11, 2005

FREE CHURCH Thanksgiving Fellowship, Nov 18 and 19

Greetings everyone, I would like to take this opportunity to let you all know about our Unregistered Baptist Fellowship meeting to be held November 18th and 19th here in Marion County Florida, Speakers will include John Weaver, Dr. Greg Dixon Sr., James Lyman, Dr. Scott Johnson and a few more besides. Please go to our Church web-site at www.preachingfreedom.com for more information. Please feel free to call me with any questions.
In Christ
The Preacher.

Sunday, November 06, 2005

5 Reasons Why Christians Should Not Obtain a State Marriage License by Pastor Matt Trewhella

Every year thousands of Christians amble down to their local county courthouse and obtain a marriage license from the State in order to marry their future spouse. They do this unquestioningly. They do it because their pastor has told them to go get one, and besides, "everybody else gets one." This pamphlet attempts to answer the question - why should we not get one?

1. The definition of a "license" demands that we not obtain one to marry.
Black's Law Dictionary defines "license" as, "The permission by competent authority to do an act which without such permission, would be illegal." We need to ask ourselves- why should it be illegal to marry without the State's permission? More importantly, why should we need the State's permission to participate in something which God instituted (Gen. 2:18-24)? We should not need the State's permission to marry nor should we grovel before state officials to seek it. What if you apply and the State says "no"? You must understand that the authority to license implies the power to prohibit. A license by definition "confers a right" to do something. The State cannot grant the right to marry. It is a God-given right.

2. When you marry with a marriage license, you grant the State jurisdiction over your marriage.
When you marry with a marriage license, your marriage is a creature of the State. It is a corporation of the State! Therefore, they have jurisdiction over your marriage including the fruit of your marriage. What is the fruit of your marriage? Your children and every piece of property you own. There is plenty of case law in American jurisprudence which declares this to be true. In 1993, parents were upset here in Wisconsin because a test was being administered to their children in the government schools which was very invasive of the family's privacy. When parents complained, they were shocked by the school bureaucrats who informed them that their children were required to take the test by law and that they would have to take the test because they (the government school) had jurisdiction over their children. When parents asked the bureaucrats what gave them jurisdiction, the bureaucrats answered, "your marriage license and their birth certificates." Judicially, and in increasing fashion, practically, your state marriage license has far-reaching implications.

3. When you marry with a marriage license, you place yourself under a body of law which is immoral.

By obtaining a marriage license, you place yourself under the jurisdiction of Family Court which is governed by unbiblical and immoral laws. Under these laws, you can divorce for any reason. Often, the courts side with the spouse who is in rebellion to God, and castigates the spouse who remains faithful by ordering him or her not to speak about the Bible or other matters of faith when present with the children. As a minister, I cannot in good conscience perform a marriage which would place people under this immoral body of laws. I also cannot marry someone with a marriage license because to do so I have to act as an agent of the State! I would have to sign the marriage license, and I would have to mail it into the State. Given the State's demand to usurp the place of God and family regarding marriage, and given it's unbiblical, immoral laws to govern marriage, it would be an act of treason for me to do so.

4. The marriage license invades and removes God-given parental authority.

When you read the Bible, you see that God intended for children to have their father's blessing regarding whom they married. Daughters were to be given in marriage by their fathers (Dt. 22:16; Ex. 22:17; I Cor. 7:38). We have a vestige of this in our culture today in that the father takes his daughter to the front of the altar and the minister asks, "Who gives this woman to be married to this man?" Historically, there was no requirement to obtain a marriage license in colonial America. When you read the laws of the colonies and then the states, you see only two requirements for marriage. First, you had to obtain your parents permission to marry, and second, you had to post public notice of the marriage 5-15 days before the ceremony. Notice you had to obtain your parents permission. Back then you saw godly government displayed in that the State recognized the parents authority by demanding that the parents permission be obtained. Today, the all-encompassing ungodly State demands that their permission be obtained to marry. By issuing marriage licenses, the State is saying, "You don't need your parents permission, you need our permission." If parents are opposed to their child's marrying a certain person and refuse to give their permission, the child can do an end run around the parents authority by obtaining the State's permission, and marry anyway. This is an invasion and removal of God-given parental authority by the State.

5. When you marry with a marriage license, you are like a polygamist.

From the State's point of view, when you marry with a marriage license, you are not just marrying your spouse, but you are also marrying the State. The most blatant declaration of this fact that I have ever found is a brochure entitled "With This Ring I Thee Wed." It is found in county courthouses across Ohio where people go to obtain their marriage licenses. It is published by the Ohio State Bar Association. The opening paragraph under the subtitle "Marriage Vows" states, "Actually, when you repeat your marriage vows you enter into a legal contract. There are three parties to that contract.
1.You;
2. Your husband or wife, as the case may be; and
3. the State of Ohio."

See, the State and the lawyers know that when you marry with a marriage license, you are not just marrying your spouse, you are marrying the State! You are like a polygamist! You are not just making a vow to your spouse, but you are making a vow to the State and your spouse. You are also giving undue jurisdiction to the State. When Does the State Have Jurisdiction Over a Marriage? God intended the State to have jurisdiction over a marriage for two reasons - 1). in the case of divorce, and 2). when crimes are committed i.e., adultery, bigamy. etc. Unfortunately, the State now allows divorce for any reason, and it does not prosecute for adultery. In either case, divorce or crime, a marriage license is not necessary for the courts to determine whether a marriage existed or not. What is needed are witnesses. This is why you have a best man and a maid of honor. They should sign the marriage certificate in your family Bible, and the wedding day guest book should be kept. Marriage was instituted by God, therefore it is a God-given right. According to Scripture, it is to be governed by the family, and the State only has jurisdiction in the cases of divorce or crime. History of Marriage Licenses in America George Washington was married without a marriage license. So, how did we come to this place in America where marriage licenses are issued? Historically, all the states in America had laws outlawing the marriage of blacks and whites. In the mid-1800's, certain states began allowing interracial marriages or miscegenation as long as those marrying received a license from the state. In other words they had to receive permission to do an act which without such permission would have been illegal. Blacks Law Dictionary points to this historical fact when it defines "marriage license" as, "A license or permission granted by public authority to persons who intend to intermarry." "Intermarry" is defined in Black's Law Dictionary as, "Miscegenation; mixed or interracial marriages." Give the State an inch and they will take a 100 miles (or as one elderly woman once said to me "10,000 miles.") Not long after these licenses were issued, some states began requiring all people who marry to obtain a marriage license. In 1923, the Federal Government established the Uniform Marriage and Marriage License Act (they later established the Uniform Marriage and Divorce Act). By 1929, every state in the Union had adopted marriage license laws. What Should We Do? Christian couples should not be marrying with State marriage licenses, nor should ministers be marrying people with State marriage licenses. Some have said to me, "If someone is married without a marriage license, then they aren't really married." Given the fact that states may soon legalize same-sex marriages, we need to ask ourselves, "If a man and a man marry with a State marriage license, and a man and woman marry without a State marriage license - who's really married? Is it the two men with a marriage license, or the man and woman without a marriage license? In reality, this contention that people are not really married unless they obtain a marriage license simply reveals how Statist we are in our thinking. We need to think biblically. You should not have to obtain a license from the State to marry someone anymore than you should have to obtain a license from the State to be a parent, which some in academic and legislative circles are currently pushing to be made law. When I marry a couple, I always buy them a Family Bible which contains birth and death records, and a marriage certificate. We record the marriage in the Family Bible. What's recorded in a Family Bible will stand up as legal evidence in any court of law in America. Both George Washington and Abraham Lincoln were married without a marriage license. They simply recorded their marriages in their Family Bibles. So should we. (Pastor Trewhella has been marrying couples without marriage licenses for ten years. Many other pastors also refuse to marry couples with State marriage licenses. This pamphlet is not comprehensive in scope. Rather, the purpose of this pamphlet is to make you think and give you a starting point to do further study of your own.

If you would like an audio sermon regarding this matter, just send a gift of at least five dollars in cash to: Mercy Seat Christian Church 10240 W. National Ave. PMB #129 Milwaukee, Wisconsin 53227.


NOW THIS FROM A National Unlicensed Church Conference SUMMERY IN May/June 2001 by Norman Edwards:( Servantnews.com)

Are Marriage Licenses Biblical?
Ralph Ovadal gave a very interesting presentation from the viewpoint of “what honors God and what is right?” Marriages were frequently handled by contracts or simply recorded in family Bibles during the early years of this country. State laws still recognize such marriages, but if everyone stops using them, they may eventually be repealed.
When the state asks couples to fill out forms and take tests to obtain a marriage license, the couples cannot help but believe that when the state approves them, they are ready to be married. In reality, the entire emphasis should be upon “does God think you are ready to be married?”
The state has no righteous purpose in determining who gets a marriage license. Spouse beaters, criminals, habitual divorcees, homosexuals and people with other serious problems all can get licenses. Wisconsin marriages are still considered valid by the state even if the wrong forms were used or if wrong information was supplied on them. Nevertheless, the state collects a fee of $49.50 for each marriage, primarily to require social security numbers and medical tests designed for people who live a promiscuous life style. While the authority of the state is not now exceptionally oppressive, with no resistance, will it continue to grow?
Furthermore, when couples have trouble in their marriages, they frequently turn to the state who gave them their licenses—which is also more than happy to give them divorces. If people saw that their marriage was an agreement between man, wife and God, they would be much slower to consider a divorce.
Marriage licenses do easily take care of each spouse’s legal rights to the other’s property, insurance benefits, government benefits, inheritance, etc. All of these things can be done without a license, but more work may be required. A couple should not bypass a marriage license without learning about these things. On the other hand, once a marriage license has been obtained, there is no way to rescind it—the state remains a part of the marriage forever.
Mr. Ovadal and others at the conference spoke of successful marriages where no license was involved. They recommended keeping records signed by witnesses, putting pictures and articles in the newspaper, legally changing the woman’s name, and recording the marriage with the county recorder.

The State is Sovereign over its Corporations!

The State is Sovereign over its Corporations
Richard K. McPherson " the truth about Church Incorporation" excerpt of definitions

Having briefly examined the biblical definition of a corporation, let us now look at the legal definition of a corporation. According to the U.S. Supreme Court:

1. "A corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises and holds them subject to the laws of the state and the limitation of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and ascertain if it has exceeded its powers" (Hale v. Henkel, 201 U.S. 43).

2. "[A corporation is] an artificial person or legal entity created by or under the authority of the laws of a state. An association of persons created by statute as a legal entity.... The corporation is distinct from the individuals who comprise it (shareholders).... Such an entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members." Black's Law Dictionary West Publishing Company, 1991; 6th Edition, page 340.

3. "A corporation derives its existence and all of its powers from the State and, therefore, has only such powers as the State has conferred upon it. Power is used here to mean the legal capacity to execute and fulfill the objects and purposes for which the corporation was created, and the source of this power is the charter and the statute under which the corporation was organized." Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 796.
Note: A corporation is created by, and derives its existence from, the State. In contrast, the church is created by, a creature of, derives its existence from, subject to, and obeys the Law of, Jesus Christ.

4. "Corporate existence is a privilege granted by the sovereign upon compliance with specified conditions" Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 931. .

5. "Corporations are not citizens.... The term citizen... applies only to natural persons... not to artificial persons created by the legislature" Paul v. Virginia, 8 Wall. 168, 177; see also the Opinion of Field, J., in the Slaughterhouse Cases, 16 Wall.36, 99.
Note: God teaches that Christians, his church, are citizens of the household of God (Eph.2:19, Phil.3:10).

6. Every corporation has obtained a charter from the State of Incorporation. This charter is simply permission to exist given to the corporation, without which, its operations would be considered illegal. In addition to the charter are the articles of incorporation: "The objects or purposes for which a corporation is formed are expressly stated in its articles of incorporation, which delineate in general language the type of business activities in which the corporation proposes to engage" Smith and Roberson's Business Law, West Publishing Company, 1966, page 798.
Note: Is the church of God involved in any type of business activities? (Matthew 21:12, John 2:16).

7. "Instances of non-profit corporations are educational institutions, athletic clubs, library clubs, fraternities, sororities, hospitals, and organizations which have exclusively a charitable purpose" Smith and Roberson's Business Law, West Publishing Company, 1966, page 789.
The reader will notice that "churches" are conspicuously absent from this list of non-profit corporations.
That is because our law-makers are fully aware that incorporation involves creation, and the Church simply cannot be created by the State. Furthermore, the Church's ordained purpose of preaching the Gospel can never be illegal, so no special license is required from the State to do so.

Though not all of our founding fathers were genuine Christians, they nevertheless understood that the Church of Christ is under the sole jurisdiction of its Lord, and that the civil magistrate therefore should not dare to encroach upon that authority. Because of this healthy respect for the Church, the very first sentence of the Bill of Rights reads as follows:
"Congress shall make no law regarding an establishment of religion, or prohibiting the free exercise thereof" (U.S. Constitution, First Amendment).

A Prophet in Camel HairBy R. C. Sproul Jr.

A Prophet in Camel HairBy R. C. Sproul Jr.

To whom are we to speak our prophecies? The pattern in the Bible seems pretty clear. For every one time a prophet is sent to give warning to the heathen, ten times that prophet is sent to warn the children of Israel. The wicked, more often than not, are left to wallow in their ignorance. It is the righteous who are commanded to repent and keep covenant. Judgment, after all, begins in the house of God. Our focus ought to be on the sins within the walls of the church. Before we start boycotting Disney, we ought to be boycotting the PCUSA. Before we start complaining about the inanities that come through the television, we must deal with the inanities coming from our pulpits. We need, as we have argued before, to be about the business of tending our own garden. That most of the time the prophets spoke to God's people, however, is not at all the same thing as all the time. That we should major on ourselves doesn't mean we never speak outside our own walls.

John the Baptist was the last of the Old Testament prophets, (that is, he ministered before the beginning of the earthly ministry of Jesus) and the greatest, Jesus tells us. His message was certainly more significant than the messages of those who preceded him. He was not merely bringing a particular suit against the children of Israel. Instead he was to prepare the way of the Lord. This he did most of all in calling the children of Israel to repentance. Out there by the Jordan he was busy letting those who thought they were well know that they were sick indeed. And, the Bible tells us, all Israel went out to hear him.

John was not, however, a one note wonder. He didn't find himself in trouble with the local authorities for telling Jews to repent. John became a martyr because he prophesied to the king. He told the king of his sin in marrying his brother's wife, and before long John was dead.

We, of course, no longer prophesy to the king. We will wail against the culture in general, calling it to task for assorted social ills. We'll fuss at Disney World, or Hollywood, but not at the king. It's not as though what has changed is the behavior of our kings. We have recently had a king who didn't take his brother's wife into his bed, but a father's daughter into secret hallways. We more recently have a king who courted the favor of the church, only to determine to finance experiments on the remains of unborn babies. There is plenty to prophesy against. But by and large, we have been silent.

There's a reason for that. The American church has exchanged the mantle of the prophet for the alms bowl of the beggar. Herod has cut a deal with the church. He has promised that He will give the church all the protections afforded a corporation, and in exchange the church has promised not to call him to repentance. But wait, there's more. Herod has also promised that, in exchange for putting on the gag, he would promise to oversee the church, that if it should fail to serve the state's purposes, he will take it over. Isn't that nice? Who would even want to prophesy against such benevolence?
It would be bad enough if the church signed onto this deal in exchange for tax advantages. It is true that donations given to 501c-3 corporations are tax deductible. But it is also true that donations given to churches are tax deductible. That is, no church needs to be a 501c-3 in order to get the tax benefits. Granted, Herod doesn't tend to advertise this fact, but it is true nevertheless. (For more information I encourage you to check out Peter Kershaw's website, www.hushmoney.org.)
When the church asks the state to recognize it as a corporation, legally, whether it intends to or not, it contractually affirms that it is subservient to the state, its maker. Objections after the fact are useless. The state understands well that the clay cannot say to the potter, "why have you made me thus?". And so the church has instead chosen its 501c-3 pottage. What we gave up was not only our birthright, but that which we need in order to create still more births, our manhood.

John the Baptist knew better than to make a deal with the King. He asked for no quarter, because he knew that he could give none. He knew better to make a deal with Herod because he knew that the true King was coming. He knew that he could serve only one master. He knew who would establish the church. For that knowledge he lost his head. For that knowledge, he had the honor of martyrdom.

Is our calling any less? If we conclude only that John the Baptist was special, that he was a man of courage, are we not then concluding, to our everlasting shame, that we are cowards, that we are not men at all? And didn't Jesus Himself say that "he who is least in the kingdom of heaven is greater than he" (Matthew 11:11)? We who live on this side of the cross, we who have heard the promise of Christ that He has already overcome the world, must we not then be bolder still than this great prophet? We who know and love and are loved by the King of Kings, why should we fear those kings?
Those who have silenced themselves by cutting this deal with the government, I know, often have no idea that such is what they have done. Churches most often incorporate out of ignorance rather than wickedness. But that ignorance is culpable. And it must not be invincible. Before the church can rise up and call the state to task for failing to kiss the Son, the church must stop kissing the beast.

NOTE: I do not think that a Church should seek TAX advantages.. it is a moot point, Churches are Tax immune, if the State wishes to tax the Churches and the Churches pay, they deserve each other... Let God Judge them both.
The Preacher

A True Church cannot be Represented by Lawyers

A Church governed by Christ cannot be represented by lawyers!

I realize this is not going to be a popular subject...and I won't belabor the point. But, it is time that the church of Jesus Christ realizes that their defense is in the Lord and not in the law! When God brings the battle to us (and we should wait for Him to do that), we need to be ready to stand on the WORD OF GOD and let God protect His own and give the victory. When that happened, God get the Glory!

Daniel didn't present a single legal argument, yet God saved Him and got glory throughout the Kingdom.

Shadrack, Meschech and Abednego argued no law or privilege, yet the Lord delivered them and God got the Glory for it.

Peter and the Church in Jerusalem wrote no Habeas Corpus motions, yet God delivered Peter from prison and the heart of the church was encouraged.

When we turn to legal arguments, instead of leaning on the Word of God and the Power of God, we take away from the glory that God wants to bring to himself.

We must realize also that lawyers are officers of the court. The are there to uphold the rule of legality...even at the expense of Law. the very act of being represented by an attorney causes the church two major problems in any legal battle.

1. The church is subject to the jurisdiction of the court by the very act of appearing by way of an officer of the court. A Lordship church is not subject to any court because it is not a statutory organization (i.e., corporation or unincorporated association). The jurisdiction argument is lost immediately upon the entrance of an attorney.

2. The Church, in order to enter into a contract for representation by an attorney, must be a legal entity (i.e., corporation, unincorporated association,etc.). If the church is a legal entity, rather than a spiritual one, it is subject to the jurisdiction of the courts ... and under statutory authority.

A study of the New testament 'lawyer' will indicate that that the attorney of today functions in much the same way as the 'lawyer' spoken of in the new Testament; interpreting and seeking to manipulate the law to the advantage of the 'client.'

Here is what the bible has to say about it.

Luk 7:30 But the Pharisees and lawyers rejected the counsel of God against themselves, being not baptized of him.

Look 11:45-46 Then answered one of the lawyers, and said unto him, Master, thus saying thou reproachest us also. And he said, Woe unto you also, ye lawyers! For ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers.

Luk 11:52 Woe unto you, lawyers! For ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.

Luk 14:3 And Jesus answering spake unto the lawyers and Pharisees, saying, Is it lawful to heal on the Sabbath day? Luk 14:4 And they held their peace. And he took him, and healed him, and let him go;

Excerpted from : "A Treatise on Church Incorporation" WRITE/TOWNSEND
Copied from the book' What on earth is the TRUE CHURCH' Dr. Charles Mainous
Fundamental Baptist Publications 7399 N. High St. Columbus Ohio
(614-888-5121)

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