With Justice for ALL (quote from the pledge of allegience U.S.A.)
This is an informational website offering support not legal advise
RELIGIOUS ARGUMENT MOTION TO THE COURT FILED 1998 in actual case.
MOTION TO THE COURT
I believe the government and it's courts are part of the structure of authority God established and therefore are to adhere to the higher law as expressed by the Creator whenever there is a moral conflict or conflict of legal opinion.
The biblical basis for my belief is partially found in:
Proverbs 8:13-16, "The reverent fear and worshipful awe of the Lord includes the hatred of evil; pride, arrogance, the evil way, and perverted and twisted speech I hate. I have counsel and sound knowledge, I have understanding, I have might and power. By me kings reign and rulers decree justice. By me princes rule, and nobles, even all the judges and governors of the earth".
Daniel 2:20 - 21, "Daniel answered, Blessed be the name of God forever and ever! For wisdom and might are His! He changes the times and the seasons; He removes kings and sets up kings. He gives wisdom to the wise and knowledge to those who have understanding!"
Romans 13:1-2, "Let every person be loyally subject to the governing civil authorities. For there is no authority except from God by His permission, His sanction and those that exist do so by God's appointment."
Because of Gods sanction and permission the governing bodies of this earth are subject to the authority of God. When there is a question of relationship and there is a conflict between the law of man and Gods will the higher will must prevail. Between ordained ministers the will of God must be the default position overriding all others.
Washington state law RCW 26.04.010 says "(1) Marriage is a civil contract between a male and female who have each attained the age of eighteen years and who are otherwise capable." However in an intent written into the Washington State laws 1998 c1 states "(1) it is a compelling interest of the state of Washington to reaffirm it's historical commitment to the institution of marriage as a union between a man and a woman as husband and wife and to protect that institution."
Classic Anglo-American contract law holds that a promise that does not in any way limit the promisor's future conduct is no promise at all, and a contract based on such a promise is no contract at all, (it may be called an "illusory contract").
The concept of marriage as an inferior, unenforceable type of contract has been vigorously challenged recently in legal academia. Georgetown University's Milton C. Regan, in his book Family Law and the Pursuit of Intimacy, makes a case for returning to the concept of marriage as a status. Reviewing Regan's book for The Cornell Law Review, George Mason University Law School Professor Margaret Brinig writes: "Legally, a covenant frequently is an especially solemn form of contract, one that cannot be broken without significant penalties. A covenant, or promise under seal, will support a gift to a third party where a simple contract would not. Covenant implies donative intent, conferring a benefit upon another. Since the other will act for our good regardless of our own behavior, it implies that once we make an initial assent, much of our behavior is constrained by the covenant. When the covenant is made, more than the two people are involved. The imprimatur of the state (or God) is placed upon the solemn promise. 7/94
The marriage between Reverend M C G and Reverend S Lee G is a covenant - not a contract and therefore is not subject to dissolution by Washington State law.
The marriage between MCG and SLG is a sacred covenant and scripture stipulates that no man can put this asunder. There are no biblical grounds present for MCG to set his wife aside. The covenant between them is binding until death of either person and according to scripture cannot be broken by one person acting without the consent of one of the other two involved in the covenant. There are serious possibly eternal consequences for setting aside a wife without grounds of adultery or fornication.
Highest Authority Expounding on Divorce
Malachi 2:16, "For the Lord, the God of Israel says: I hate divorce and marital separation and him who covers his wife with violence. Therefore keep a watch upon your spirit that it may be controlled by My Spirit that you deal not treacherously and faithlessly with your marriage mate."
Malachi 2:13-15 (niv) - "Another thing you do: You flood the Lord's altar with tears. You weep and wail because he no longer pays attention to your offerings or accepts them with pleasure from your hands. You ask, Why? It is because the Lord is acting as the witness between you and the wife of your youth, because you have broken faith with her, through she is your partner, the wife of your marriage covenant. Has not the Lord, made them one? In flesh and spirit they are his So guard yourself in your spirit and do not break faith with the wife of your youth."
Supporting argument -
Quote The institution of marriage Samuele Bacchiocchi, Ph. D., Andrews University
Contracts engage the services of people; Covenants engage persons. Contracts are made for a stipulated period of time; covenants are forever. Contracts can be broken, with material loss to the contracting parties; covenants cannot be broken, but if violated, they result in personal loss and broken hearts . Contracts are witnessed by people with the state as guarantor; covenants are witnessed by God with God as the guarantor. Paul E. Palmer. Christian marriage or Covenant? Theological Studies vol.33, no.4 December 1972: 639 Scripture calls upon a man to leave his Mother and Father and cleave to his wife. "Cleaving" reflects the central concept of covenant-fidelity. The Hebrew word for "cleave" dabaq, suggests the idea of being permanently glued or joined together. It is one of the words frequently used to express the covenant commitment of the people of God: "You shall fear the Lord your God; you shall serve him and cleave to Him. Deut 10:20; cf. 11:22, 13:4; 30:20.
In a marriage covenant, cleaving does not allow the freedom to leave when the relationship is no longer satisfying. If the "freedom to leave" is retained as a real option, it will hinder the total effort to develop a marital relationship characterized by covenant faithfulness.
Malachi's teaching on the sacred nature of the marriage covenant was reiterated and expanded four centuries later by Christ Himself. The reason divorce violates not only God's original plan for marriage but also the marriage covenant to which the Lord is a witness. Divorce betrays life's most intimate companion and as such is a grievous sin, which God hates. Four centuries later after Malachi recorded that God hates divorce Jesus Christ told the Pharisees "Because of your hardness of heart your condition of insensibility to the call of God Moses wrote you this precept in your Law. But from the beginning of creation God made them male and female. For this reason a man shall leave behind his father and his mother and be joined to his wife and cleave closely to her permanently. And the two shall become one flesh, so that they are no longer two but one. What therefore God has untied, joined together, let not man separate or divide.
In this memorable statement Christ appeals to the divine institution of marriage to point out that marriage is the strongest human bond that transforms two people into one flesh. Moreover, Jesus affirms that God Himself is the one who actually joins a couple in marriage. This means that when Christian couples exchange their marital vows in the presence of witnesses, they are in actual fact uttering their vows of mutual commitment to God Himself. At the deepest level, marriage is a covenant between a couple and God, because God is not only the witness but also the author of the marriage covenant.
A man and woman marry by their own choice; but when they do, God joins them together into one permanent union. Because marriage is God's indissoluble union of the couple, no human court or individual has the right to put it asunder. It is evident that for Jesus marriage is not a mere civil contract, but a divinely ordained union which God alone has power to establish and terminate. Christ explained the full force of this truth privately to His disciples in these terms: "Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery." By this statement, Jesus declares unambiguously that the marriage covenant must not be violated by divorce and remarriage because it is a sacred inviolable bond. To do otherwise is to commit adultery a sin clearly condemned by God's moral law. With a few simple words Jesus refutes the view that divorce is a viable option for a married couple. The covenant structure of marriage makes divorce an act of covenant breaking.
The apostle Paul expresses the covenantal nature of the marriage relationship many places as in Eph 5:31-32 where he uses the marriage union to illustrate the covenant relationship between Christ and His bride, the church. "For this reason a man shall leave his father and mother and the two shall become one." In 1 Corinthians 7:39 Paul declares "A wife is bound to her husband as long as he lives."
Just as the prophets in the Old Testament used the marriage covenant to portray the relationship between God and Israel, so Paul in the New Testament uses the marriage union to represent Christ's covenant of sacrificial love and oneness with the church. Just as marriage unites two people when they commit their lives to each other, sot the Gospel joins the believer to Christ as he trusts Him for his salvation. Since the marriage covenant represents the permanent relationship between Christ and His church, it must be permanent; otherwise it would be an inaccurate representation of the indissoluble relationship between Christ and His church.
The use of marriage in the Old and New Testament s to reveal God's covenant relationship with His people serves also to demonstrate what marriage today should be like. We may call this "reciprocal illumination." By revealing through human marriage His covenant God has simultaneously revelated to us the unique meaning of marriage as a scared and permanent covenant.
MARRIAGE IS A COVENANT
By Glover Shipp
SIGNIFICANCE OF COVENANTS
Although in our society marriage involves a civil contract, this is only a part of the totality of marriage. According to God's Word, the marital relationship is really based on covenant.
Covenants throughout the Bible were also serious matters, so serious that God held guilty those who violated their terms. For instance, the Mosaic Covenant, given by God to the people of Israel, carried with it great blessings for obedience and a curse on those who ignored its requirements. In Deuteronomy 26-28 we see a long list of blessings for obedience and curses for disobedience to the covenant.
What happened to those who failed to fulfill their part in God's covenants? Hear what the Bible says about the covenant-breaker: Both the house of Israel and the house of Judah have broken the covenant I made with their forefathers. Therefore this is what the LORD says: "I will bring on them a disaster they cannot escape" (Jer. 11:10-11). . . . the people have broken my covenant and rebelled against my law. . . . Now he will remember their wickedness and punish their sins (Hos. 8:1,13b). These and many other passages clearly show us that we dare not play games with God and His covenants. He never loses in such a contest; we humans always do.
Throughout the Old Testament we read continually of God's Hesed, His covenant loving kindness: "The mercy and kindness of the Lord are from everlasting to everlasting upon those who reverently and worshipfully fear Him, and His righteousness is to children's children - To such as keep His covenant, hearing, receiving, loving and obeying it and to those who earnestly remember His commandments to do them imprinting them on their hearts!" (Ps. 103:17-18, Amplified Bible). From this and other passages, we are reminded that our Lord is always faithful to His covenants and expects us to be also.
MARRIAGE AND ITS COVENANTAL NATURE
How does marriage fit into the realm of covenant? Simply, it is the first covenant offered by God, the more powerful, to His human creatures, the weaker. Seeing that the man He had created was alone and incomplete, He formed a mate, not inferior to him or superior to him, but different. In a sense, then, God said, "Adam, I give you Eve. And with this blessing, I offer you a permanent covenant of partnership with each other and with me. I offer you the joys of love and companionship. I offer you my protection and blessings. I offer you children and grandchildren." The Lord continued, saying, "I offer you the home, a haven of security in a sea of confusion. I offer you stability and intergenerational continuity. I offer you the basic building block of society. In exchange, I expect of you a permanent and faithful relationship to each other and to me. I expect you to form a new mini-society, in which your descendants, Adam, will leave father and mother and will cleave unto their wives, forming new and faithful building blocks for the following generations."
As with all covenants in the Bible, that of marriage fulfilled the formula of prologue, stipulations, blessings, curses, and witnesses. The Lord God, originator of marriage, witnesses the covenant, as seen in Genesis 1-3. Stipulations to the covenant include obeying His instructions, forming a new unit of society, being faithful to one's spouse, and bearing children. Although curses are not specified in this passage, they are implied. Violation of any of God's ordinances brings His punishment on the offender. "Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge." Hebrews 13:4.
But someone may ask, "Does the Bible really call marriage a covenant?" Yes, clearly so. In Proverbs 2:16-17, we read: [Wisdom] will save you also from the adulteress, from the wayward wife with her seductive words, who has left the partner of her youth and ignored the covenant she made before God. These verses show us that when the wife marries, she enters a sacred covenant with God, as well as with her husband.
And what does the Word say about the husband? Hear Malachi 2:14: . . . the LORD is acting as the witness between you and the wife of your youth, because you have broken faith with her, though she is your partner, the wife of your marriage covenant." Both husband and wife, then, obviously are partners in a holy covenant, instituted by God and made in His presence. In more archaic English, couples marrying used to "plight their troth," meaning that they were making a covenant pledge to each other.
God's Word says it is extreme folly to break covenants. This includes the covenant of marriage. "I hate divorce," says the Lord (Mal. 2:16). "You shall be careful to perform what goes out from your lips, just as you have voluntarily vowed to the LORD your God, what you have promised," says God in Deuteronomy 23:23 (NASB). The marriage covenant is serious, lifelong, and not to be broken. Marriage is a commitment witnessed by God and sealed by a vow.
Sakenfield, a Bible scholar who has researched carefully the meaning of hesed, God's covenant faithfulness, notes: If covenant-breakers have always suffered God's wrath, what can marriage covenant-breakers expect at His hands?
1 Corinthians 6:9, 10; "Do you not know that the unrighteous and the wrongdoers will not inherit or have any share in the kingdom of God? Do not be deceived or misled; neither fornicators, nor idolaters will have any share in the kingdom of God."
In His wisdom, God intended for marriage to remain a strong and enduring base for society. As the stronger party in and originator of the covenant, He entered into an eternal agreement with mankind to guarantee the solemnity, holiness, and permanence of the marriage institution. We, as the other party to the covenant, must agree with him to maintain faithfully our end of the institution. Only then can we expect to return to a stable society, both in the world and in the church.
How does God look on the marriage relationship? One eye-opening description of the kind of marriage of which He approves is found in Ephesians 5. In that passage the Apostle Paul compares human marriage to the relationship between Christ and His bride, the church. The husband is to love his wife as himself. He is to care for her and protect her, as Christ cares for and protects His bride, the church. She, in turn, is to honor him, as the church honors its husband, Christ. This implies a deep and lifelong loyalty between marriage partners.
Marriage is too vital a key to the very survival of our society and of the church to play games with it. Marriage is Covenant, with a capital "C." It really was meant to be, and is, "until death do us part." This is our pledge made to each other and to God. Nothing less than this will do in His sight. Nothing else will guarantee the sacredness of marriage as God's first and most lasting covenant made with His creatures.
Breaking the covenant of marriage in the New Testament church of which both Melvin Charles and Sandra Lee are ordained is has serious and even eternal consequences.
Biblical Divorce and Re-Marriage
Frank L. Caw
Matthew 5:31-32 It hath been said, Whosoever shall put away his wife, let him give her writing of divorcement; but I say unto you, That whosoever shall put away his wife, saving for cause of fornication, causeth her to commit adultery' and whosoever shall marry her that is divorced committeth adultery. KJV
At first glance, this passage seems to say that if a mean-spirited man arbitrarily divorces his wife for no good reason, then she - the victim - is guilty of committing adultery. According to a perusal of Strong's Hebrew-Greek Dictionary proclaims the actual truth taught in the aforementioned scripture.
"Causeth her to commit adultery." The Greek word translated here as "adultery is properly defined by Strong in the following manner;
846 autos (ow-tos); from the particle au [perhaps akin to the base of 109 through the idea of baffling wind] (backward); the reflexive pronoun self, used (alone or in the comparative 1438) of the third person and (with the proper personal pronoun of the other persons;
KJV - her, it (-self), one, the other, (mine) own, said, ([self-], the) same, my-, thyself, [your-] selves, she, that, their (-s), them selves, there in into of on with they these things, this man, those together which. Compare 848.
Accordingly, this passage could just as easily (and should) have been translated as, "Causeth himself to commit adultery."
Common sense dictates that this is most certainly a more appropriate translation; anything contrary is a direct and outrageous moral insult to Himself. Therefore, if a person (male or female; Galatians 3:28) divorces their spouse without cause, then the person who initiated the unjust divorce is guilty of adultery if that person re-marries; Matthew 19:3-9.
Reading on within this same scriptural passage: "and whosoever shall marry her that is divorced committeth adultery." The Greek word that is translated here as the phrase "her that is divorced is defined by Strong's Concordance as follows:
630 apoluo (ap-ol-oo'-o; from 575 and 3098; to free fully, i.e. literally relieve, release, dismiss (reflexively, depart0, or (figuratively) let die, pardon or specially divorce. KJV - (let) depart, dismiss, divorce, forgive, let go, loose, put (send) away release, set at liberty.
In other words, the Greek word "apoluo" simply means "divorced"; the personal pronoun "her" was arbitrarily and unfairly inserted into this text by the King James translators - a very unfortunate mistake on their part and has caused untold grief and suffering on the part of countless numbers of people down through recent history. I can only assume that their grievous error in this particular matter was caused by their misguided cultural and theological heritage.
Therefore, in conclusion, Matthew 5:32 should properly be translated in the following manner: "But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth himself to commit adultery' and whosoever marry the same himself that is divorced without cause committeth adultery."
Now the question arises as to what, exactly, fornication is? According to the Christian Bible, fornication can mean:
1) Any biblically-unlawful, sexually-intimate relationship between men and women, whether they be single, married or divorced; the only sexual relationships that are biblically-permissible are those which occur between man and his wife; Matt. 5:32; Matt.19:19; Luke 16:18; Mark 10:2-12; 1 Cor 7:2; 1 Cor. 10:8; 1 Thess. 4:3; Rev. 9:21. See also: Deut. 27:20:23; Lev. 20:10-21; Lev. 18:6-23; Exodus 22:16.
Fornication can mean any type of sexual or spiritual unlawfulness or unfaithfulness. This means, according to Matthew 5:32, that any such behavior is biblical grounds for divorce. Therefore, as we noted previously, if a person divorces their spouse for any reason other than fornication, that person is guilty of adultery if that person re-marries; Matthew 19:3-9.
Parallel passages regarding this matter are; Matthew 19:3-9 "The Pharisees also came unto him, tempting him, and saying unto him is it lawful for a man to put away his wife for every cause? And he answered and said unto them, Have ye not read, that he which created them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife; and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God joined together let not man put asunder. They say unto him, Why did Moses then command to give a writing of divorcement, and to put her away?
Jesus saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives; but from the beginning it was not so. 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 is put away doth commit adultery. KJV
"and whoso marrieth her which is put away doth commit adultery." The phrase "her which is put away" comes from the same Greek word we said earlier in Matthew 5:32, namely "apoluo," defined as: 630 apoluo (ap-ol-oo'-o; from 575 and 3098; to free fully, i.e. literally relieve, release, dismiss (reflexively, depart0, or (figuratively) let die, pardon or specially divorce. KJV - (let) depart, dismiss, divorce, forgive, let go, loose, put (send) away release, set at liberty.
Once again, we have the King James translators making a horrible mistake in their textural insertion of improper personal pronouns not found in the original writings; apoluo is properly and strictly defined as "divorce" or "put away" etc. Any personal pronouns added by anyone are simply human attempts to clarify the complete meaning of something originally written in a different language, and therefore, such attempts at clarification could be wrong. In instances, we must be guided by the Holy Spirit and common-sense fairness while attempting to translate any given scriptural passages.
Accordingly, Matthew 19:9 should be translated as follows: "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 him which put away his wife without cause doth commit adultery. Any other translation is a gross abomination to the Lord.
Also note that Matthew 19:9 adds something to the subject at hand that was only implied in the passage in Matthew 5:32. One may divorce their spouse without just biblical cause and not be guilty of adultery so long as one does not re-marry, otherwise engage in any type of sexual activity; it is only when one re-marries under such circumstances that one is actually guilty of committing adultery.
Another parallel passage regarding this matter is: Luke 16:18 whosoever putteth away his wife, and marrieth another, committeth adultery and whosoever marrieth her that is put away from her husband committeth adultery. KJV
If Luke 16:18 is compared to parallel scriptural passages, it should read as follows: Luke 16:18, "Whosoever putteth away his wife (or husband, and without cause), and marrieth another, committeth adultery: and whosoever marrieth her or that is put away from their spouse ("with cause") committeth adultery.
Accordingly, we have established by Scripture that one is biblically justified in divorcing their spouse if their spouse is guilty of adultery or any other form of fornication. We should point out, however, that scripture doesn't insist that one must divorce their unfaithful spouse; only that they are justified in doing so if they are not able and willing to forgive. In such instances, it is a matter for individuals to decide for themselves.
Please compare the following parallel passage: Mark 10:2-12 And the Pharisees came to him, and asked him, It is lawful for a man to put away his wife? Tempting him. And He (Jesus) answered and said unto them, What did Moses command you? And they said, Moses suffered to write a bill of divorcement, and to put away. And Jesus answered and said unto them, For the hardness of your hearts Moses wrote you this precept. 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. And in the house his disciples asked him again on the same matter. And he saith unto them, Whosoever shall put away his wife, and marries another, committeth adultery against her. And if a woman shall put away her husband, and be married to another she committeth adultery. KJV
Of course, verses 11 and 12 in the above passage assume in each instance in order to harmonize with parallel passages" that the husband or wife divorced their spouse without cause, and that is why they are said to be guilty of adultery when they re-marry.
Not suprisingly, the apostle Paul also touches on this matter: 1 Cor 7:2 Nevertheless, to avoid fornication, let every man have his own wife and every woman have her own husband. KJV
1 Cor 7:10-11 and unto the married I command, yet not I, but the Lord, Let not the woman depart from her husband: But and if she depart, let her remain unmarried, or be reconciled to her husband: and let not the husband put away his wife.
According to this passage, if both husband and wife are believers, and one of them leaves the other, they are commanded to remain unmarried or be reconciled with their spouse; and the person who is deserted should not seek divorce.
Although I firmly believe in the forgiveness of Gods grace for those who don't know what a covenant is that is not the case here. In this marriage the covenant was established between two Christians who are now both ordained ministers. Reverend Melvin Charles Gardner has counseled prospective married couples about the godly blood covenant that exists until death that they will be entering into and with full knowledge of covenant has officiated and performed covenant marriage ceremonies charging the couple that what God has put together let no man put asunder. Reverend Gardner was also a Promise Keepers Key man and as such has taken vows before God and man to remain faithful to his marriage covenant and reaffirming this marriage as a covenant before God and over 60,000 witnesses. In addition the Mizpah covenant has been established between Melvin Charles and Sandra Lee. These covenants and vows are not subject to the state of Washington but only to Melvin Charles, Sandra Lee and God. Only when there are biblical grounds and two of the three agree can a wife or husband be set aside with all the negative consequences coming to bear if sexual abstinence for the duration of life is not maintained.
The covenant relationship between Melvin Charles and Sandra Lee Gardner is outside the jurisdictional bounds of contractual no fault marriage as established by the State of Washington. The piece of paper issued by Washington State is not the indication of the life long status of the covenant between Melvin Charles and Sandra Lee Gardner.
As Reverend G's wife I choose to honor my vows and commitments as a declaration of my belief in the authority of scripture and as an expression of my own conscience. I believe that the biblical imperative to return to the spouse when a separation occurs is the only godly response to this marital crisis. There are biblical provisions for restoration of marriages in crisis. 1 Cor 7:10-11 and unto the married I command, yet not I, but the Lord, Let not the woman depart from her husband: But and if she depart, let her remain unmarried, or be reconciled to her husband: and let not the husband put away his wife.
There is biblical provision for temporary separation but not permanent separation. That however is not the issue here.
I do not ask this of the court as a way of trying to control my spouse nor does this represent unrealistic wishful thinking. I do so in order to maintain my own integrity before God and because I believe that the biblical restoration commanded in scripture is a realistic expectation. The Word of God says He will not ask anything of us He will not enable us to fulfill. I believe the consequences for my husband setting me aside are extreme in Gods economy and I will not agree with or support anything that would do him that kind of harm.
I believe the law of the land must bow to the higher authority that established
it. I can have no part in condemning my husband to the consequences of a dissolution
action. The implication is that there exists no covenant because the State of
Washington tears up a piece of paper it called a contract. In reality that piece
of paper has no effect on the eternal destiny of this marriage covenant and
it's consequences good or bad for the parties involved. Since there are no biblical
grounds against the wife being set aside in this petition the full consequences
rest upon the one initiating the action and those agreeing with it. I ask the
court to respect my religious convictions by ordering that Motion for Dissolution
of Marriage 97 --- dated October 31, 1997 be dismissed for all time.