Conviction & Charity is a series that explores different views on important theological issues, modeling how to hold biblical convictions with Christian charity. The topic for this series is God's law and American government. You can read the introductory article and view an index of articles in this series here.
"But we know that the law is good if one uses it lawfully" (1 Tim 1:8).
When I was in grade school, I was sent to the principal for misbehavior. He gave me two choices: I could get spanked with that big wooden paddle in his office, or he would turn me over to my dad for punishment. I chose my dad. My dad loved me, and I trusted him. This is the question of this article: who should punish, what should be punished, and by what standard? Would you prefer the law of God or the law of man? I'll take God's law, for "His work is perfect; For all His ways are justice, A God of truth and without injustice; Righteous and upright is He" (Deut 32:4).
Many years ago, I preached verse by verse through Deuteronomy. As I worked through each section, I used the Second London Baptist Confession of 1689 (SLBC) as my interpretive guide for preaching about the laws and punishments Moses delivers. I looked for the "general equity" of both tables of the law. During these expositions, it was thrilling to see the interplay of the law and the gospel as our only hope and how they "sweetly comply" with one another (SLBC 19:7). People in our church were saved as a result of hearing the law and gospel.
God in His wisdom has established three jurisdictions to rule the world for His glory: the family, the church, and the state. Each jurisdiction has particular duties within a defined scope. The family has nearly comprehensive authority over a small number of people. The church has less authority over a larger number. The state has very limited authority over a much larger group.
Spoiler alert! As you read this piece, you will sense that I am conflicted between the perspectives of the SLBC and the Westminster Confession of Faith (WCF) on the first table of the law. My heroes on both sides press at me, so you may encounter things that seem conflicted, contradictory, or unclear. Guilty as charged!
Short answer: God's law, contained in His Word and summarized in the Ten Commandments (Exod 20:1–17). "The law of the Lord is perfect, converting the soul, the testimony of the Lord is sure making wise the simple" (Ps 19:7–11; see also 2 Tim 3:16–17; Ps 119:105; Josh 1:8; Isa 8:20; John 12:48; Heb 4:12; Mark 7:8–9).
While certain laws can be gathered through general revelation (Rom 2:15; SLBC 19:1), the ultimate standard civil rulers must uphold is God's revealed moral law found in Scripture. This law is distilled in the Ten Commandments He gave to Moses (SLBC 19:2).
Civil rulers are servants of Christ; they must do what is good and "kiss the Son" (Ps 2:10–12; Rom 13:1–7). They are accountable to Him: "Shall the throne of iniquity, which devises evil by law, Have fellowship with You?" (Ps 94:20).
The magistrate will either serve Christ or oppose God. Neutrality is mythical and impossible (Matt 12:30). Civil rulers will uphold God's law or that of a rival god—be it man himself or some other deity. This is not establishing a theocracy but a civil government informed by the truth of God. It is not government rule over the church but a means of ordering society at large.
The SLBC affirms this. Chapter 24 states:
God, the supreme Lord and King of all the world, hath ordained civil magistrates to be under him, over the people, for his own glory and the public good; and to this end hath armed them with the power of the sword, for defense and encouragement of them that do good, and for the punishment of evil doers.
Thus, the law of God is the only just standard for society. The best civil magistrates will govern with His law as their guide. This was God's command for the kings of Israel. In Deuteronomy 17:18–20 kings are instructed to write a copy of the law in their own hand and keep it for guidance during their reign: "he shall read it all the days of his life, that he may learn to fear the Lord his God and be careful to observe all the words of this law and these statutes."
We must remember that the church also has a duty to speak the Word of God to the civil magistrate: "I will speak of your testimonies also before Kings, and I will not be ashamed" (Ps 119:46).
Our church did this during COVID. We wrote letters to our governor saying in effect, "We will gather our church against your ordinance; we must 'obey God, rather than men'—LEX REX—the law is king" (Acts 5:29).
I believe the state (as well as the family and the church) should be informed and governed by both tables of the law, but the state must stay in its limited lane—keeping the peace and punishing evildoers—while reflecting the influence of the Ten Commandments and even making laws to undergird the first table, like the "blue laws" to promote the Lord's Day.
The Reformed understanding distinguishes between the moral law (perpetual), the ceremonial law (fulfilled in Christ and abolished), and the judicial law (expired with Israel). The moral law was written on human hearts (Rom 2:14–15), then delivered on Mount Sinai in two tables: the first four commandments toward God, the last six toward man (Exod 20:1–17; Deut 10:4). The moral law binds all forever. Christ does not dissolve but strengthens it (Matt 5:17–19; SLBC 19:2, 5).
Yet this does not erase the judicial laws. The SLBC states:
To them also he gave sundry judicial laws, which expired together with the state of that people, not obliging any now by virtue of that institution; their general equity only being of moral use. (19:4)
The SLBC contends that Old Testament judicial laws were tied to Israel's unique covenant and not directly binding on Gentile nations under the New Covenant. I agree! We don't need to copy Israel's speed limits, but we do need to drive in the same direction. We don't need to build parapet fences around our houses, but we probably should build them around our pools (Deut 22:8).
No nation must blueprint Israel's case laws, but the moral principles that undergirded them must inform its laws. In the Bible, case laws give various examples of applying a particular law. The case laws are, after all, the laws of God. God designed and ordered them. They are all good laws. They reflect His perfect and unchanging character (Ps 18:30; Mal 3:6; James 1:17). All of them are laws of Christ (John 10:30; Col 2:3; Matt 5:17–19). All of them are laws of love (Matt 22:37–40; Rom 13:8).
God's laws are meant to constrain evil and facilitate what is good (Rom 13:3–4). They are a common grace. They are good for society. In this sense, the civil magistrate is an earthly instrument in the hand of God to exercise His good authority in the world (Rom 13:3–4). It is one way that civil rulers fulfill the dominion mandate (Gen 1:28).
Laws stated in the Ten Commandments (and the case law applications) that constrain evil are good for all people—even though they might make them uncomfortable or even terrify them (Rom 13:3–4). God often terrifies the ungodly with His law-abiding people (Deut 2:25). Further, righteous rulers will be a terror to evil actors as the Apostles said (Rom 13:1–7; 1 Pet 2:13–14). For example, I have friends working hard, writing legislation to abolish abortion. These laws are a terror to the wicked, and good for everyone.
The ruler who is "God's minister to you for good" (Rom 13:4) ought to reject unholy law codes (e.g., Sharia law). A well-functioning nation is instructed by God, not pagans (Ps 94:10–12).
Consider the recent executive orders of President Trump rolling back fifty years of debauchery, defending manhood and womanhood, ending DEI, restoring the death penalty, defunding Planned Parenthood—these are reflections of the truth of God in His law.
Should a municipality grant permits for building Mosques, Hindu Temples, churches of Satan, or "gentlemen's clubs"? The largest Hindu Temple in the world is currently being built around thirty-five miles from where I am writing. We are seeing these kinds of buildings being built all across America, like never before. This is a shame and an affront to the God of Scripture.
Not only should law constrain evil, they should promote what is good.
Thus, the magistrate's duty is to constrain public evil according to the general equity of both tables. The church, through preaching and discipline, enforces both tables spiritually, holding the keys. The civil ruler has no power to administer "the Word and sacraments" (WCF 23:3); this duty is reserved for God's ministers in the church.
There was not a shred of unholiness in the judicial laws of Israel. The law of God is, "holy . . . just and good" (Rom 7:12). Thus, no one should ever say that any Old Testament law—moral, ceremonial, or civil—was bad (Rom 7:12–14, 22; 8:7; 13:8–10; 1 Tim 1:8; Gal 5:14; Titus 2:11; Matt 5:17–19; John 14:15; 1 John 3:4, 24; Ps 1:2; Prov 28:4; Prov 28:7; 28:9; 13:13; 29:18; 6:23; Lev 19:18; 10:10–11; Hos 4:4–6; Mal 4:4–6).
If a law of God makes us uncomfortable, either we don't understand it, or we do not understand the goodness, justice, or love of God. The problem is we that are unholy, not God's law!
The First Amendment prevents the federal government from establishing a Christian denomination and forbids civil leaders from ruling the true church or other religions. The state has no right to govern the church (2 Chron 26:16–21). It has no right to compel faith, for faith cannot be compelled by law-keeping. However, the First Amendment does not advocate separation of God from the state: "Righteousness exalts a nation" (Prov 14:34).
The state should not prohibit public acknowledgment of Christ, nor shrink from enforcing God's moral law. The law of God should inform all laws, applied using the principle of general equity. All laws are religious; there is no neutrality. Every law comes with a god attached. You are either bowing before Christ or Chemosh, Moses or Marx, the everlasting God or the god of self.
The blessing of the First Amendment is that it tells the civil magistrate that the state should never compel the church against Scripture or prosecute her for obedience. Further, the state should not have power to control the religious worship of the church.
In a well-functioning nation, it is God "who instructs the nations" (Ps 94:10), not the pagans: "blessed is the man whom you instruct, O Lord, and teach out of your law" (Ps 94:12). This is why our laws should always be tethered to the laws of God.
The SLBC is silent on this question (because the impulses of religious liberty were trending among the Baptists) but the WCF required suppression of blasphemies and heresies (WCF 23:3). Church fathers like Augustine, and Reformers like Calvin, Luther, the Westminster Divines, and Particular Baptists such as John Gill believed the magistrate should prosecute on both tables. Gill wrote:
Kings are the guardians of the laws of God and man . . . with a particular concern with the laws of the two tables . . . idolatry, blaspheming, profanation of the day of worship, and those against the second table.1
However, the later confessional Baptists, because of terrible experiences of persecution at the hands of other Christians, abandoned the position on blasphemy in the 1689 SLBC. The later 1788 American version of the WCF reflected the inflection toward freedom of conscience and religious liberty. Was it Baptist pragmatism or was it a correct understanding of freedom of conscience?
I feel caught between Gill and the later Baptists. Implementing blasphemy laws today could mean persecuting the church. Are our current civil leaders competent to judge blasphemy rightly? No! Without question, dealing with blasphemy and idolatry is the church's domain, through preaching, persuasion, and discipline.
Still, civil laws should guard against public idolatry and blasphemy. I do not know what degree of blasphemy should be punished, or how. Are we going to punish blasphemous musicians and entertainers? I'm not ready to give this power to our current federal government. Do we punish the idolaters in political office who worship demon gods and pray to them at our political rallies? Would it even be possible in America?
Regardless, the government should not facilitate or promote blasphemy or violations of the Ten Commandments. Godly rulers should promote laws consistent with His Word.
Civil magistrate has limited authority: to administer justice, punish evildoers, and keep the peace (Rom 13:1–4; 1 Pet 2:14; Deut 16:18–20). He constrains public sins. But he needs to stay within his God-ordained jurisdiction.
The laws of God are the best laws. Civil magistrates who compromise are sinning against a righteous God, and they will be judged according to His law.
Here are ten practical questions that civil rulers, citizens, and believers should ask as they seek to properly interpret Old Testament Law today:
Whatever else may be said, we must never underestimate the goodness of God's laws. We must never speak evil of any of them. Every law of God is a law of love. Every law of God is a law of Jesus Christ. Every law of God is designed to convict of sin and drive us to refuge in the substitutionary atonement of Jesus Christ. Old Testament laws are applicable when interpreted for their general equity. Finally, God's laws make for "a wise and understanding people" (Deut 4:6).
This is why we should always say—in the family, in the church and in the state—"O how I love Your Law!" (Ps 119:97).
References |
| John Gill, A Complete Body of Doctrinal and Practical Divinity (London: Tegg and Company, 1839), 2:746–747. As cited in Tom Ascol, The Perils and Promises of Christian Nationalism (Cape Coral, FL: Founders Press, 2023), 27. |