A Tale of Two Governments: Church Discipline, The Courts, And the Separation of Church and State by Robert J. Renaud & Lael D. Weinberger
The separation of church and state is often a widely
misunderstood and misapplied idea by media, the news, and people in the
pews. In their new book, A Tale of Two
Governments, law graduates Robert J. Renaud and Lael D. Weinberger bring
clarity to the issues revolving church and state and focus directly on church
discipline. In the introduction, the
authors bring to the page the clear conception of separation of church and
state by writing, “Separation of church and state, at its most basic, simply
means that the church and state are separate and distinct institutions”
(13). This teaching is not the excision
of God from the realm of civil government nor is it the state mandating a
particular religious faith but identification that separate institutions have
different goals and purposes. Taking
cues from history, theology and practical judicial guidance, Renaud and
Weinberger make a strong case for the legitimacy of church and state being
separated. The subsequent chapters in the book relate to three areas of study:
theology and history of church and state, law of church today, and right discipline
in the church today.
The dearth of material on the development of church/state
relations provided by the authors was helpful in understanding the issue not as
an American one, but as a global phenomenon.
Taking one of their cues from Michael McConnell, a distinguished legal
scholar, they write, “…when a state is forced to recognize that the church
possesses legitimate and distinct authorities, totalitarianism is thwarted”
(19). Looking to the work of Kuyper to
bolster their argument, Renaud and Weinberger see the mutually limiting effect
of the two institutions, State and Church.
The King of the Church is not the head of the State and the Head of the
State in one sense is not the King of the Church. Why is totalitarianism then thwarted? Because, in effect, the boundaries that
inherently reside in each institution provide a safeguard against the other
institutions stepping over their boundaries and wielding unwavering power. For the church, this is a key reminder that
the State is not to muddy its hands in issues of a moral or religious stance in
the confines of the God ordained church order of government.
In chapter7 the authors delineate key points regarding who is protected by the rule of church
autonomy. What was most helpful here was
the distinction between court cases involving doctrine, moral living,
excommunication and property
issues. In one case regarding a breakdown
of a marriage and a pastor, “the Texas Supreme court wrote, “The right of a
church to decide for itself whom it may admit into fellowship or who shall be
expelled or excluded from its fold cannot be questioned by the courts, when no
civil or property rights are involved” (87).
The church draws up its own governing church discipline routines drawn
from Matthew 18, and therefore, should not be told how to govern its
parishioners. The difference here is
between cases regarding doctrine, ethics and other matters pertaining to church
teaching and those cases related to property rights, including civil
issues. While this does give the church
protection from the state’s intervention into church matters, it also protects
the church from itself, in seeking to prosecute matters that are of property
matters.
This book provides wonderful resources in helping people
understand church discipline and the role state/church in matters of judicial
affairs. Drawing from the rich
historical resources of the church, from Augustine to Calvin, Bucer to the
Pilgrims, this book is a great wealth of information. More than that, this book provides valuable
wisdom for the church in relationship to judicial procedures.
I heartily recommend this book and hope it give readers
great encouragement regarding these issues.
Thanks to Robert J. Renaud and Dunrobin Publishing for the
review copy in exchange for review.
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