Welcome to the Liberty Insider. 00:00:21.64\00:00:23.26 This is the program that brings you up to 00:00:23.27\00:00:24.96 date news and discussion on Religious Liberty 00:00:24.97\00:00:27.85 issues. My name is Lincoln Steed, editor of 00:00:27.86\00:00:30.88 Liberty Magazine, and my guest on the program 00:00:31.04\00:00:33.72 is attorney Allan Reinach. Now, Allan for the, 00:00:34.14\00:00:38.27 the information of our viewers you are the 00:00:38.28\00:00:40.43 public affairs and Religious Liberty director for 00:00:40.61\00:00:42.66 the Pacific Union of Seventh-day 00:00:42.67\00:00:44.43 Adventist based in California. 00:00:44.44\00:00:46.01 That's true, we serve a five state western 00:00:46.20\00:00:48.59 region including California, which by itself 00:00:48.60\00:00:51.72 would be the fifth largest economy in the world. 00:00:51.73\00:00:54.19 And the fifth healthiest, we won't get into that. 00:00:55.47\00:00:58.54 Well, only about 30 billion dollars in debt 00:00:58.55\00:01:00.66 rate now. Let's talk a little about law, we often 00:01:00.67\00:01:04.39 have lawyers on this program, but you know 00:01:04.40\00:01:06.13 the lawyer of the day. And I know you, you, 00:01:06.14\00:01:09.25 and you have a lot of very interesting 00:01:09.26\00:01:10.66 opinions of thing, things but many of our 00:01:10.67\00:01:13.05 viewers probably have listened to what we 00:01:13.06\00:01:14.86 said about Religious Liberty and we're always 00:01:14.87\00:01:16.76 referencing the constitution, but they may 00:01:16.77\00:01:20.16 not really understand how law works? 00:01:20.17\00:01:22.86 I'm not sure I understand, but I deal 00:01:22.89\00:01:24.35 with lawyers a lot, now. Well, that assumes 00:01:24.36\00:01:27.19 that law works. Well and, and that's really why 00:01:27.20\00:01:29.81 I'm asking the question. Clearly if you watch 00:01:29.82\00:01:31.84 television nowadays with all these hearings in the 00:01:31.85\00:01:34.36 Supreme Court, challenges of this not other. 00:01:34.37\00:01:36.58 And, and, and, and the average person is 00:01:36.92\00:01:39.18 constantly deals with the idea that this criminal 00:01:39.19\00:01:41.68 you know is walking the streets and is being 00:01:41.94\00:01:43.54 locked away, this is some miscarriage of 00:01:43.55\00:01:45.47 justice here. They start to wonder is our 00:01:45.48\00:01:47.72 illegal system even working. And the bigger 00:01:47.73\00:01:50.82 question is, what is the legal system, 00:01:50.83\00:01:52.83 what is law? How would you define law? 00:01:52.84\00:01:55.49 You know, I think if there is an illusion Lincoln; 00:01:56.12\00:01:59.80 the illusion is that somehow there are these 00:02:00.02\00:02:02.94 objective principles and the judges apply them 00:02:03.21\00:02:07.41 in a consistent and systematic way for 00:02:07.78\00:02:10.80 reasonably predictable outcomes. I was 00:02:11.17\00:02:14.05 discussing a, a Sabbath discrimination case, 00:02:14.06\00:02:17.99 a religious discrimination case with an attorney 00:02:18.00\00:02:21.78 who had Adventist truths and representing the, 00:02:22.61\00:02:26.60 the employer. And we were comparing notes, 00:02:26.61\00:02:29.18 both of us as we were discussing our 00:02:29.24\00:02:31.54 respective views of the case, strengths and 00:02:31.55\00:02:33.68 weaknesses and what his position was and what 00:02:33.69\00:02:35.99 our position was and, and looking to settle? 00:02:36.00\00:02:38.57 He observed that the courts are increasingly 00:02:38.98\00:02:41.50 unpredictable. Well, in my mind they're 00:02:41.71\00:02:44.28 increasingly slanted towards the side of, of 00:02:44.29\00:02:47.31 large corporations and companies, makes it 00:02:47.32\00:02:49.86 harder for us when we're representing individuals 00:02:49.94\00:02:52.75 with religious discrimination cases, 00:02:53.09\00:02:54.86 but what we're finding is that judges 00:02:55.19\00:02:58.17 increasingly are unpredictable and they 00:02:58.22\00:03:03.03 are more and more consistently getting the 00:03:03.15\00:03:06.02 law wrong. There, there is actually a body of 00:03:06.03\00:03:10.86 objective principles, but whether human beings 00:03:10.87\00:03:15.15 who are judges are going to apply them well is 00:03:15.16\00:03:18.48 another matter entirely. But if the law is 00:03:18.49\00:03:21.35 so cut and dried, why do we need judges? 00:03:21.36\00:03:23.74 Well, first of all the law is not that cut and 00:03:24.28\00:03:27.05 dried all the time. That's right. But the other 00:03:27.06\00:03:29.29 thing is that you know in most cases, 00:03:29.30\00:03:32.09 if it's gonna go to trial, it's because there is a 00:03:32.10\00:03:36.76 sharp dispute over what happened and there's 00:03:36.77\00:03:40.18 interpretations of motives of facts. You know, 00:03:40.19\00:03:44.02 there's two sides to the story. Yeah at, 00:03:44.03\00:03:49.42 at the moment as we're filming this Rahm 00:03:49.43\00:03:51.30 Emanuel is, is arguing his case that he should 00:03:51.31\00:03:55.13 be eligible to, to, to run from there to Chicago 00:03:55.14\00:03:59.83 and it is so centering on whether he is a 00:04:00.22\00:04:02.08 resident. Now, there is a statue that's very 00:04:02.09\00:04:05.81 applying that you have to be a resident, 00:04:05.82\00:04:07.64 but determining whether or not he is, is 00:04:08.11\00:04:11.57 quite an argument. And it seems to me even 00:04:11.58\00:04:14.95 very clear statues like the constitution, 00:04:15.05\00:04:17.63 right? That's as plain as the nose on your 00:04:17.64\00:04:20.29 face. There should be no restriction on, on, on 00:04:20.30\00:04:24.59 the practice of religion, the State shouldn't 00:04:24.60\00:04:26.64 be involved or shouldn't make laws regarding 00:04:26.65\00:04:28.76 religious establishment, but yet when it comes 00:04:29.94\00:04:32.57 to the real world all sorts of ins and outs, 00:04:32.58\00:04:36.55 but I want to go a little bit further and, and 00:04:36.94\00:04:38.72 I'll let say a revolutionary statement 00:04:38.73\00:04:40.80 that seems to me that the law while most 00:04:40.81\00:04:43.59 people think so is really not concerned with 00:04:43.60\00:04:45.94 morality, or not morality in the sense that 00:04:45.95\00:04:50.87 that, that we look at, it's concerned 00:04:50.88\00:04:52.78 with rights and obligations. 00:04:52.79\00:04:56.79 That's a tough question, but I think that 00:05:00.42\00:05:03.00 historically law and morality have closely 00:05:03.01\00:05:06.86 tracked with one and another. Yes. And, and, 00:05:06.87\00:05:08.41 and especially, 'cause I wanted to draw into, 00:05:08.42\00:05:10.57 in the, in the western, in the Western Legal 00:05:10.79\00:05:13.93 Concept it's, it's very clear that when it comes 00:05:13.94\00:05:18.72 for example to family matters to, to marriage 00:05:18.73\00:05:21.69 until the last generation for example, 00:05:22.44\00:05:25.15 family law reflected the morality of, you have 00:05:26.48\00:05:31.03 to be a wrong doer in order to justify 00:05:31.04\00:05:35.32 divorcing someone, there was no such thing 00:05:35.40\00:05:37.87 as no fault divorce. Divorce was morally wrong 00:05:37.88\00:05:41.53 and you're only justified if you had certain 00:05:41.54\00:05:44.29 specified grounds and you had to be able to 00:05:44.48\00:05:47.29 prove them, which made it a field day for 00:05:47.30\00:05:50.87 private investigators trying to prove that 00:05:50.88\00:05:54.47 there was adultery for example. Yeah, you've 00:05:54.48\00:05:56.17 picked on a, on a case that in some ways 00:05:56.18\00:05:59.31 under gets my assumption, but I, I, I 00:05:59.32\00:06:01.90 would comeback and I think back in the Middle 00:06:01.91\00:06:04.82 Ages marriage law was picked up, attitudes from 00:06:04.83\00:06:08.29 the close affinity with, with church, 00:06:08.30\00:06:09.96 the church and the State. 00:06:09.97\00:06:10.94 Oh! I think in the Middle Ages marriage law 00:06:10.95\00:06:12.53 was predominantly governed by the Church. 00:06:12.54\00:06:14.99 That's the point. And, and if the church was 00:06:15.00\00:06:17.08 separated we've kept the assumptions of the 00:06:17.09\00:06:19.93 church that placed in the law, but it seems to 00:06:19.94\00:06:22.92 me going back, let's just go 00:06:22.93\00:06:24.92 back to 12, 1215 I think. 00:06:24.93\00:06:26.97 Well, that your history, not mine. 00:06:28.16\00:06:29.83 You're from the Commonwealth. 00:06:30.96\00:06:32.15 Oh! I know, Justice is clear on the Supreme 00:06:32.56\00:06:35.35 Court is inclined to dismiss English 00:06:35.36\00:06:37.48 Commonwealth and all that sort of stuff, 00:06:37.49\00:06:39.23 actually in reality, I did research in English 00:06:39.24\00:06:40.88 common law, when I was a law student for a 00:06:40.89\00:06:42.79 Supreme Court case. So it is actually relevant 00:06:42.80\00:06:46.36 to American law. But you know and that was the, 00:06:46.37\00:06:48.94 the, the signing of the Magna Carta, which was 00:06:48.95\00:06:52.21 a big chart of rights, but till that point the, 00:06:52.22\00:06:58.10 or of human rights really against arbitrary 00:06:58.57\00:07:01.65 arrest and, and imprisonment, but 00:07:02.41\00:07:04.43 before then most of the lawyers I see it in, 00:07:04.44\00:07:06.62 in the Medieval Times was really just to 00:07:06.63\00:07:09.15 enunciate the, the right of the landholder and 00:07:09.16\00:07:13.22 the obligations of his tenants and his, as it was 00:07:13.23\00:07:17.74 subservient to him was, it really to, to back to 00:07:17.75\00:07:21.66 something that is more American oriented, 00:07:21.67\00:07:23.40 that was very much concerned with property 00:07:23.41\00:07:26.50 and the obligations that that resided on that. 00:07:28.29\00:07:30.71 And, and I think myself that that this is, 00:07:31.15\00:07:33.67 the elephant in the room even in the US 00:07:34.66\00:07:36.51 Constitution that its principles derived from a 00:07:36.52\00:07:39.68 theory that had to concern more property 00:07:39.69\00:07:42.81 and the rights of property and, and the 00:07:42.82\00:07:44.42 rights of power. And unless the human rights 00:07:44.43\00:07:49.91 that we know which I think derive 00:07:49.92\00:07:51.84 more directly from religion. 00:07:52.04\00:07:53.75 Well, and you know it's interesting here Lincoln 00:07:54.26\00:07:56.63 after the collapse of the Soviet Union, 00:07:56.64\00:07:58.81 there was a major export from especially 00:07:59.34\00:08:02.74 the United States to Eastern Europe to the 00:08:02.75\00:08:05.12 Former Soviet Bloc Nations of lawyers. 00:08:05.13\00:08:07.84 And the export was that in order to participate 00:08:08.33\00:08:11.67 in the Modern World, in the Modern Economy 00:08:11.68\00:08:14.40 you have-to-have the rule of law. 00:08:14.54\00:08:16.35 Businesses can't do business, if there is no 00:08:16.63\00:08:20.16 predictability of the enforcement of contracts 00:08:20.17\00:08:23.60 and so setting up a legal system with judges 00:08:23.95\00:08:28.20 who are independent with some sort of 00:08:28.21\00:08:30.09 predictability with rule of law this was deemed 00:08:30.75\00:08:33.75 essential to integrating the Eastern European 00:08:33.76\00:08:37.02 nations into the Modern Economy. 00:08:37.39\00:08:40.09 The illusion of course is that judges in any 00:08:40.49\00:08:44.28 society will in fact apply these contract 00:08:44.29\00:08:47.75 principles in some sort of consistent or 00:08:47.76\00:08:50.20 predictable way. And you know the, the 00:08:50.21\00:08:52.82 difficulty here frankly is, we want judges or 00:08:52.83\00:08:59.08 human beings and they tend to look at a case 00:08:59.09\00:09:01.91 and they have a gut feeling you know who is 00:09:02.31\00:09:04.98 right and who is wrong and they want to 00:09:04.99\00:09:07.28 decide on the bases of what they think is right 00:09:07.29\00:09:09.64 and wrong in that case. And lo and behold 00:09:09.65\00:09:13.14 surprise, surprise they manage to interpret 00:09:13.15\00:09:16.55 the law in such a way as to determine the 00:09:16.56\00:09:19.84 outcome that they think is just, you rarely ever 00:09:19.85\00:09:23.86 here a judge in a written opinion say, 00:09:23.87\00:09:26.88 what we think the first party should win, 00:09:27.38\00:09:29.77 but the law requires that I rule in favor of the 00:09:30.02\00:09:32.60 second party and I think the law should be 00:09:32.61\00:09:35.06 changed, it happens, it happens very rarely, 00:09:35.07\00:09:38.36 for the most part there is enough 00:09:38.65\00:09:40.61 flexibility in the law that the judge 00:09:41.01\00:09:44.16 can figure it out anyway he wants. 00:09:44.52\00:09:46.46 I think most of us suspect that, it goes 00:09:47.63\00:09:49.27 back to what you say is a little bit like when 00:09:49.28\00:09:51.57 you're in High School, you have to write an 00:09:51.58\00:09:54.22 essay of deductive reasoning, but you've 00:09:54.23\00:09:56.51 decided ahead of time, what you're conclusion 00:09:56.52\00:09:59.23 is gonna be, so you massively evidence to, to 00:09:59.24\00:10:02.68 support it, which is not really an open academic. 00:10:02.69\00:10:04.82 But the, but the problem you know, 00:10:04.83\00:10:06.44 taking this beyond law in our, in American 00:10:06.73\00:10:09.80 culture today, you have Fox News on the 00:10:09.81\00:10:12.53 one hand, you've got MSNBC or, or the 00:10:12.54\00:10:15.19 Liberal Press on the other hand and they 00:10:15.20\00:10:17.95 each martial a completely different set 00:10:17.99\00:10:21.06 of facts about the same stories to come to 00:10:21.07\00:10:24.29 such diametrically opposed interpretations 00:10:24.30\00:10:27.34 of the story that listeners to each one 00:10:27.35\00:10:31.14 people in each camp can hardly even 00:10:31.15\00:10:33.40 communicate anymore, they can't even 00:10:33.41\00:10:35.78 have a decent argument because 00:10:35.79\00:10:37.69 they're so worlds apart. 00:10:37.70\00:10:39.07 What I'm, there's several points that I'm 00:10:40.25\00:10:42.34 trying to make, but I really think when, we, 00:10:42.35\00:10:44.60 we're dealing with, with Religious Rights, 00:10:44.61\00:10:46.91 very important point of Civil Rights and, and 00:10:49.24\00:10:51.38 when Seventh-day Adventists and others 00:10:51.39\00:10:52.88 who have a view of perhaps a conflict 00:10:52.89\00:10:56.47 between certain states and certain, 00:10:56.48\00:10:58.58 several views in our religious practice, 00:10:58.82\00:11:01.03 we need to recognize that as much as hard 00:11:01.31\00:11:03.50 and fast law there is a philosophy at work. 00:11:03.51\00:11:05.83 And it might be that the judge is colored by 00:11:06.44\00:11:10.62 a changing view of what it is to even have a 00:11:11.23\00:11:14.17 religious faith, a changing view of what it 00:11:14.18\00:11:16.60 might even, right, be for you, your right to, 00:11:16.61\00:11:19.06 to stand on your, on your own. 00:11:19.07\00:11:20.54 There is, there is no question that in an 00:11:21.02\00:11:23.02 increasingly secular society our judges have 00:11:23.03\00:11:28.20 much less appreciation, understanding or 00:11:28.28\00:11:30.95 respect for religious faith and Religious 00:11:30.96\00:11:34.81 Freedom does not fair well in our secular 00:11:34.82\00:11:38.01 courts today. And we're gonna, I know 00:11:38.02\00:11:39.77 today we're gonna discuss programs that 00:11:39.78\00:11:43.06 we'll record today that might be seen on 00:11:43.07\00:11:45.21 another occasion. Yeah, and this is a very 00:11:45.22\00:11:48.03 important point because the constitution 00:11:48.04\00:11:50.57 the United States and, and, and most laws 00:11:50.58\00:11:53.07 in other countries are not changed 00:11:53.08\00:11:54.51 momentarily, I mean the, the, especially 00:11:54.52\00:11:57.01 constitution like this, the US one's with a very 00:11:57.02\00:12:00.60 few amendments, amendments was gonna 00:12:00.61\00:12:05.13 say endorsements, yeah, is, is unchanged. 00:12:05.14\00:12:07.74 Very difficult to do an amendment. 00:12:07.75\00:12:09.29 But, how it's perceived, how it's executed 00:12:09.40\00:12:12.66 changes radically. Sure. And I know that 00:12:13.23\00:12:16.63 there is a very cryptic statement that Ellen 00:12:16.64\00:12:19.91 White, 100 and some years ago writing to 00:12:19.92\00:12:22.26 Seventh-day Adventists about fulfilling Bible 00:12:22.27\00:12:24.99 prophecy in the United States you said the 00:12:25.00\00:12:26.76 time probably will come when the United States 00:12:26.77\00:12:30.11 may turn its back on every principle. 00:12:30.12\00:12:32.30 And I don't see the, to fulfill such a statement. 00:12:33.06\00:12:36.08 Every principle of the constitution right, right, 00:12:36.09\00:12:38.05 it's not necessary to formally put the 00:12:38.82\00:12:40.97 constitution away, it's better to see it as 00:12:40.98\00:12:43.93 what we're living through where it shifts 00:12:43.94\00:12:45.77 beneath, well, the, the, the words mean 00:12:45.78\00:12:49.06 what they always meant, but the way that 00:12:49.07\00:12:51.29 they're executed in the assumptions that now 00:12:51.30\00:12:53.13 inform the application, okay, 00:12:53.14\00:12:54.38 are radically different. So and, and I think 00:12:54.39\00:12:56.89 that we need to understand you know when, 00:12:56.90\00:12:59.42 when Ellen White talks about every principle 00:12:59.67\00:13:02.21 that we should care about all of the principles 00:13:02.22\00:13:05.91 of the constitution. You know, as we sit here 00:13:05.92\00:13:08.44 today it's in the midst of, of this amazing 00:13:08.45\00:13:13.24 conflict over the WikiLeaks leaks of all 00:13:13.67\00:13:16.80 of that and there are very profound first 00:13:16.81\00:13:19.54 amendment free speech. I glad you brought 00:13:19.55\00:13:21.17 that up, and freedom of press issues are 00:13:21.18\00:13:24.34 you know, whatever you think of WikiLeaks 00:13:24.35\00:13:26.69 and, and what they've done and the, the 00:13:26.83\00:13:29.12 implications of it, which you know is not really 00:13:29.13\00:13:32.24 our area of expertise, but clearly there 00:13:32.25\00:13:35.65 are first amendment, 00:13:35.66\00:13:36.70 first amendment they're concerns. 00:13:36.71\00:13:38.66 We'll be back after the break to continue 00:13:39.28\00:13:41.18 this discussion. There is a lot talk about on 00:13:41.19\00:13:43.66 law, how it changes and how it's applied? 00:13:43.67\00:13:45.85 One hundred years, a long time to do anything 00:13:54.89\00:13:58.47 much less publish a magazine, 00:13:58.82\00:14:00.39 but this year Liberty, the Seventh-day 00:14:00.73\00:14:03.36 Adventist voice of religious freedom, 00:14:03.37\00:14:05.17 celebrates one hundred years of doing what 00:14:05.31\00:14:07.86 it does best, collecting, analyzing, 00:14:07.87\00:14:10.60 and reporting the ebb and flow of religious 00:14:10.85\00:14:13.07 expression around the world. Issue after issues, 00:14:13.08\00:14:16.56 Liberty has taken on the tough assignments, 00:14:17.00\00:14:19.12 tracking down threats to religious freedom 00:14:19.38\00:14:21.29 and exposing the work of the devil in every 00:14:21.30\00:14:23.71 corner of the globe. Governmental 00:14:23.72\00:14:25.55 interference, personal attacks, 00:14:25.56\00:14:27.62 corporate assaults, even religious freedom 00:14:28.01\00:14:30.11 issues sequestered within the church community 00:14:30.12\00:14:32.18 itself have been clearly and honestly exposed. 00:14:32.19\00:14:35.29 Liberty exists for one purpose to help God's 00:14:36.05\00:14:39.08 people maintain that all the important separation 00:14:39.09\00:14:41.96 of Church and State, while recognizing 00:14:41.97\00:14:44.27 the dangers inherent in such a struggle. 00:14:44.28\00:14:46.71 During the past century, Liberty has experienced 00:14:47.34\00:14:49.74 challenges of its own, but it remains on the job. 00:14:49.88\00:14:53.06 Thanks to the inspired leadership of a long 00:14:53.48\00:14:55.71 line of dedicated Adventist Editors, 00:14:55.72\00:14:57.59 three of whom represent almost half of the 00:14:57.87\00:14:59.63 publications existence and the foresight 00:14:59.64\00:15:02.08 of a little woman from New England. 00:15:02.09\00:15:04.08 One hundred years of struggle, 00:15:04.55\00:15:06.31 one hundred years of victories, 00:15:06.74\00:15:08.54 religious freedom isn't just about political 00:15:08.87\00:15:11.14 machines and cultural prejudices. 00:15:11.15\00:15:13.27 It's about people fighting for the right to serve 00:15:13.67\00:15:17.02 the God they love as their hearts and the 00:15:17.03\00:15:19.75 Holy Spirit dictate. Thanks to the prayers 00:15:19.76\00:15:22.92 and generous support of Seventh-day Adventists 00:15:22.93\00:15:25.23 everywhere. Liberty will continue to 00:15:25.24\00:15:27.51 accomplish its work of providing timely 00:15:27.52\00:15:29.55 information, spirit filled inspiration, 00:15:29.56\00:15:31.82 and heaven sent encouragement to all 00:15:32.10\00:15:34.47 who long to live and work in a world 00:15:34.60\00:15:37.53 bound together by the God ordained 00:15:37.72\00:15:39.82 bonds of religious freedom. 00:15:39.83\00:15:42.36 Welcome back to the Liberty Insider, 00:15:51.75\00:15:53.47 before the break I was talking with attorney 00:15:53.48\00:15:56.20 Allan Reinach about the law not everybody 00:15:56.21\00:16:00.23 is quite clear and what the law is and, and, and 00:16:00.24\00:16:02.57 you've explain how, how the practice of Law 00:16:02.58\00:16:06.23 is, almost coming to disrepute today with, with 00:16:06.24\00:16:08.55 many people today because they see judges 00:16:08.56\00:16:10.42 suede by political opinion, by their own 00:16:10.43\00:16:12.90 bias, this uncertainty by many people 00:16:12.91\00:16:17.59 about what the law even says. 00:16:17.60\00:16:19.30 But when it comes to the constitution we 00:16:19.44\00:16:21.34 have this sort of myth that there are these 00:16:21.35\00:16:24.46 principles set down practically in stone like 00:16:24.86\00:16:27.59 the Ten Commandments without the 10, 00:16:27.60\00:16:29.56 I'm glad you brought that up, amendments of 00:16:29.76\00:16:31.05 the bill of rights and, and, and so the, the 00:16:31.06\00:16:33.39 debate is well you know, these judges who 00:16:33.40\00:16:35.69 want to keep reinterpreting and 00:16:35.70\00:16:37.28 reapplying them, you know that's somehow not 00:16:37.29\00:16:41.42 right that there are these principles that were 00:16:41.43\00:16:44.19 set down in stone and we have to go back 00:16:44.49\00:16:46.69 and, and look at exactly what they meant to 00:16:46.70\00:16:49.24 the Founding Fathers. But of course society 00:16:49.25\00:16:52.07 has changed an awful lot in two centuries and 00:16:52.08\00:16:55.62 to take principles of free speech or Religious 00:16:55.90\00:16:58.40 Freedom from the 18th century and apply 00:16:58.41\00:17:02.72 them today, you have to adapt them to the 00:17:02.73\00:17:06.16 circumstances of the day. Yeah, now I 00:17:06.17\00:17:08.31 often in meetings where I talk about 00:17:08.61\00:17:10.29 Religious Liberty I point out the obvious to me, 00:17:10.30\00:17:12.36 but I know people have never thought it like 00:17:12.37\00:17:13.94 this. I said the constitution, U.S. 00:17:13.95\00:17:16.37 Constitution which we deal with a lot in our, 00:17:16.38\00:17:19.37 in our geographical circle of influence in the 00:17:20.13\00:17:22.69 United States, but the U.S. Constitution is a 00:17:22.70\00:17:25.31 good document, a very good lineage, 00:17:25.32\00:17:30.31 pedigree, but I said remember it's a human 00:17:30.94\00:17:33.76 document, its not Holy Written, right? 00:17:33.77\00:17:36.81 And, and I think this is the conundrum that 00:17:38.04\00:17:39.88 many judges find seeking social justice they're 00:17:39.89\00:17:42.24 trying to find as the, as the conservatives say 00:17:42.25\00:17:45.22 you know, Justice Scalia says, you know 00:17:45.23\00:17:48.80 it's a wonderful day today what you write 00:17:48.81\00:17:50.44 will I find in the Constitution. Well, he's 00:17:50.45\00:17:52.69 mocking it a little bit, but there is an element 00:17:52.70\00:17:54.41 of truth in there, isn't it? That that the 00:17:54.42\00:17:58.33 United States I think has moved on to see 00:17:58.34\00:18:01.01 more-and-more that there are inherent rights 00:18:01.02\00:18:03.37 for the individual of late, I think we're 00:18:03.38\00:18:05.89 diminishing some of those, but at the time of, 00:18:05.90\00:18:08.24 diminishing all of them and much faster than 00:18:08.25\00:18:10.62 American's realized. Right, but at the signing 00:18:10.63\00:18:12.58 of the, of the, of the ratification of the 00:18:12.59\00:18:15.20 constitution there was slavery, they really 00:18:15.21\00:18:18.52 didn't in a practical way see human rights 00:18:18.53\00:18:20.72 as we see them now, right, so the self 00:18:20.73\00:18:22.61 evident regardless of the word said, 00:18:22.62\00:18:25.32 so we've, we've moved on and I think some 00:18:25.57\00:18:29.41 Christian leaders have, have clarified that 00:18:29.42\00:18:31.98 there's, there's been charity applied in the, 00:18:31.99\00:18:34.11 in the execution of the law, but we need to 00:18:35.23\00:18:37.51 realize that it's the ebb and flow of human 00:18:37.52\00:18:39.73 opinion, it is not a moral absolute that's, that's 00:18:39.74\00:18:42.88 guiding this and, and that's why I think in a 00:18:42.89\00:18:45.25 society and I'm sorry to carry on so long, 00:18:45.26\00:18:47.60 I think it's very important for people of 00:18:47.89\00:18:49.64 faith, not to impose their religion on, on, on 00:18:49.65\00:18:53.25 the law and the government, but to be the 00:18:53.26\00:18:55.48 force that that informs and, and, and clarifies 00:18:55.49\00:18:58.39 higher moral values because I do not believe 00:18:58.40\00:19:01.00 that the law itself will automatically do that. 00:19:01.23\00:19:03.50 Well, since you now raised the subject of 00:19:03.63\00:19:06.56 the relationship of religion and law, one of 00:19:06.57\00:19:09.35 the things that I, I like to point out 00:19:09.36\00:19:12.01 frequently is that the church is on solid ground 00:19:12.07\00:19:15.77 when we articulate the moral principles, 00:19:16.04\00:19:19.81 for example. Well, we have an obligation to 00:19:20.61\00:19:21.99 articulate them. But, but let's take for 00:19:22.00\00:19:24.67 example the very hot topic, continuing hot 00:19:24.68\00:19:27.63 topic in American culture today over 00:19:27.64\00:19:30.06 abortion. It's much easier for the church to 00:19:30.07\00:19:33.74 say that we should respect the life of the 00:19:33.75\00:19:37.21 unborn and that this is a value, regardless 00:19:37.22\00:19:40.67 of whether you set official person who had 00:19:40.68\00:19:43.92 conception or at birth it doesn't matter, 00:19:43.93\00:19:46.35 the unborn its life, its human life and it 00:19:46.36\00:19:49.58 should be respected, it should be protected, 00:19:49.59\00:19:52.10 but when I talk to Christian leaders there is 00:19:52.40\00:19:55.76 no real consensus about how to take that 00:19:55.77\00:19:58.72 principles and translate it into public policy. 00:19:58.78\00:20:02.05 There is a lot of angst about abortion on 00:20:02.27\00:20:05.81 demand, about overly permissive society, 00:20:05.82\00:20:08.72 but there is no real consensus about just 00:20:08.99\00:20:12.22 how the law should reflect this principle, 00:20:12.23\00:20:14.51 and so the battles continue. It's enough for 00:20:14.83\00:20:18.07 the church to teach the, the moral principles 00:20:18.08\00:20:21.90 and the values, that doesn't mean that 00:20:21.91\00:20:24.39 religion to going to dictate the public policy 00:20:24.40\00:20:27.88 in some way. Public policy is messy; 00:20:27.89\00:20:30.42 it's difficult to adapt principles to 00:20:30.74\00:20:33.83 the realities of, of day-to-day life. 00:20:33.84\00:20:36.09 Yeah, yeah, I'm trying to think how to take 00:20:36.18\00:20:39.01 this abortion discussion without naming names 00:20:39.02\00:20:41.94 as a former associate of yours that's, that's 00:20:41.95\00:20:44.15 adamantly pro- abortion and, and I don't 00:20:44.25\00:20:46.77 understand how is anybody that reads the 00:20:46.78\00:20:48.69 Bible can come at that conclusion and, and 00:20:48.70\00:20:51.20 the why that that, that I like to see this is 00:20:51.21\00:20:55.47 it's, it's not a matter of policy or doctrine, 00:20:55.84\00:20:58.97 this is a matter of loyalty to God, the life 00:20:59.18\00:21:01.61 giver and surely any Christian, any person 00:21:01.62\00:21:05.57 of faith that sees a higher power that they 00:21:05.58\00:21:07.77 believe created everything should have 00:21:07.78\00:21:09.63 deep respect for life itself and not gut 00:21:09.85\00:21:12.26 you with the sleek terminator. 00:21:12.27\00:21:13.44 Well, at the risk of, of coming across as 00:21:13.45\00:21:16.77 though I take this position, I can at least 00:21:16.78\00:21:19.84 explain why you know another Seventh-day 00:21:19.85\00:21:24.16 Adventist leader would take a, a, a position 00:21:24.17\00:21:27.00 more favorable to pro-choice. For one, 00:21:27.01\00:21:29.69 as a Religious Liberty leader, one of the 00:21:30.00\00:21:32.65 principles of religious freedom is the right of 00:21:32.66\00:21:35.96 the individual conscious before God to make 00:21:35.97\00:21:38.83 moral choices and wanting the state to 00:21:38.96\00:21:42.89 grant permission to the individual to both 00:21:42.90\00:21:47.10 make those choices and then ultimately to be 00:21:47.11\00:21:49.40 answerable to God for them. So, there is a 00:21:49.41\00:21:51.92 certain pro-choice Biblical philosophy that 00:21:51.93\00:21:57.15 comes into play here. The other thing I 00:21:57.16\00:21:59.34 think is that there is a suspicion of having the 00:21:59.35\00:22:05.33 law too closely dictated by the church. 00:22:05.34\00:22:09.38 And they have a union of church and state. 00:22:09.49\00:22:12.09 Exactly the Middle Ages showed where that 00:22:12.10\00:22:13.95 leads directly and, and, and, and, and this 00:22:13.96\00:22:16.42 person who I name out, Steve Cooley tries to 00:22:16.43\00:22:20.24 connected to theology of the Roman Catholic 00:22:20.25\00:22:23.78 Church in the Middle Ages, which I think he is 00:22:23.79\00:22:26.04 half right, but we are living in the Present Ages 00:22:26.05\00:22:29.20 now, and there is a new dynamic at play and 00:22:29.21\00:22:31.65 I think we're living through an age where an 00:22:31.66\00:22:34.78 awareness of God is diminishing rapidly in 00:22:34.79\00:22:36.83 society. So, it's not helping that to sort of 00:22:36.84\00:22:39.68 gratuitously or to allow people gratuitously 00:22:39.69\00:22:42.29 to just dismiss developing love. 00:22:42.30\00:22:44.32 But you're, but you're right we need to, 00:22:44.33\00:22:45.78 we need to be because even in the Bible 00:22:45.79\00:22:48.12 you know, there were property laws really 00:22:50.70\00:22:53.31 apply to unborn children and so on, there 00:22:53.32\00:22:55.53 was the potential and there were punishments, 00:22:55.54\00:22:57.19 it wasn't seen as actually killing a person, 00:22:57.20\00:22:59.04 but there was a penalty, if, if, if a 00:22:59.05\00:23:01.91 pregnant woman was, was harmed or the 00:23:01.92\00:23:03.70 child was harmed. Or one of, one of the issues 00:23:03.71\00:23:05.78 in our society today that I think underlies all 00:23:05.79\00:23:08.45 of this is we have lost sight of the reality of 00:23:08.46\00:23:12.44 our Creator and we've lost sight of the reality 00:23:12.45\00:23:16.33 that the law of God is not simply something 00:23:16.81\00:23:19.88 that pertains to believers who wanna go 00:23:20.26\00:23:23.32 to heaven, but the law of God was given 00:23:23.33\00:23:27.34 by the Creator who knows human nature, 00:23:27.92\00:23:30.95 He created humanity, He knows what's for 00:23:30.96\00:23:33.71 our best happiness? And so to the extent 00:23:33.72\00:23:36.27 that particularly the Commandments, 00:23:36.69\00:23:38.58 the second table of the law that pertain to our 00:23:38.59\00:23:41.17 relationship with one another to the extent 00:23:41.18\00:23:43.98 that human law reflects the wisdom of the 00:23:44.50\00:23:48.34 Creator about the reality of human life it will 00:23:48.35\00:23:52.51 be a, a better set of laws, it will create a 00:23:52.52\00:23:55.94 happier and, and healthier society. 00:23:55.95\00:23:58.08 And, and those basic "Moral or laws of public 00:23:58.09\00:24:02.63 morality that that, that we can find in religion 00:24:02.64\00:24:05.50 that we can also find in the government are 00:24:05.51\00:24:08.17 really not unique to Christianity you know, 00:24:08.18\00:24:09.87 a lot of people make much of the law, 00:24:09.88\00:24:11.31 laws of Hammurabi that go back to 00:24:11.32\00:24:13.14 prehistory and so on. Well, Paul, Paul in 00:24:13.15\00:24:15.56 Romans. I think human beings have 00:24:15.57\00:24:16.96 discovered what God had told early on that 00:24:16.97\00:24:19.98 certain things you do because you will 00:24:19.99\00:24:22.41 live long in the land because of them. 00:24:22.42\00:24:24.05 Look, look Paul in Romans makes the 00:24:24.32\00:24:26.45 argument that the Gentiles who don't have 00:24:26.46\00:24:29.14 the Torah, they don't have the revealed law of 00:24:29.15\00:24:32.23 God, when they do what's written in the Torah 00:24:32.24\00:24:35.30 they show that it's written in the heart. 00:24:35.39\00:24:37.08 There are some basic things like don't murder, 00:24:37.19\00:24:39.40 don't steal, don't commit adultery. 00:24:39.41\00:24:41.35 You don't need thus saith the Lord to know 00:24:41.93\00:24:44.47 that this is wrong, I don't care what culture 00:24:44.48\00:24:46.80 or a civilization you live in, these basic moral 00:24:47.05\00:24:50.49 principles are just, they're in the Ether. 00:24:50.50\00:24:53.71 The spirit testifies, they're part of human 00:24:54.47\00:24:57.02 nature, they're, they're written in our DNA sort 00:24:57.03\00:25:00.15 of speak. They're written in our DNA, 00:25:00.16\00:25:01.88 but where I think the danger is in. 00:25:01.89\00:25:03.38 At the end I'm close to why I started this 00:25:04.56\00:25:07.02 whole discussion at the beginning of the 00:25:07.03\00:25:08.24 program I've reread again recently Alvin 00:25:08.25\00:25:10.99 Toffler's book Future Shock and I do believe 00:25:11.00\00:25:14.55 that in the Modern World with, with, with the 00:25:14.97\00:25:17.60 computerization and, and, and mass 00:25:19.56\00:25:22.06 production and, and move, people moving to 00:25:22.07\00:25:24.16 the cities, the social precious, atomic bombs 00:25:24.17\00:25:26.52 and the whole thing, I think we're very close 00:25:26.53\00:25:29.62 to in the, in, in Modern Societies at least 00:25:29.63\00:25:31.70 there is sort of a group psychosis where 00:25:31.71\00:25:33.96 we're not thinking clearly, and things that 00:25:33.97\00:25:37.31 were aberrant to clear thinking societies in 00:25:37.32\00:25:40.12 the past like not killing other people. 00:25:40.13\00:25:42.42 They may actually be formalized 00:25:42.74\00:25:44.71 now as absolutely acceptable. 00:25:44.72\00:25:46.41 Well, that's a frightening thought, 00:25:47.98\00:25:49.73 yeah, but you know George, George Orwell and, 00:25:49.74\00:25:52.56 and, and Aldous Huxley and, and they're 00:25:53.25\00:25:55.60 a kind of prophetic casting of, of a futuristic 00:25:55.61\00:25:59.06 society where human rights are, are just 00:25:59.07\00:26:01.51 demolished and, and privacy and, and freedom 00:26:01.52\00:26:05.07 are, are no more. We're, we're away past 00:26:05.39\00:26:10.07 1984 today Lincoln. We're in a time where we 00:26:10.08\00:26:12.98 need to; to God good laws well and test all 00:26:12.99\00:26:16.99 laws by the word of God and by higher moral 00:26:17.00\00:26:19.32 absolutes I believe. You know the old saying 00:26:19.33\00:26:21.79 is that eternal vigilance is the price of liberty 00:26:21.96\00:26:25.25 and it's, I think this is something Americans 00:26:25.60\00:26:29.42 are so prone to focusing on what's new, 00:26:29.48\00:26:34.01 what's different, what's immediate? 00:26:34.02\00:26:35.65 You know it's, it's the age of, of texting and 00:26:35.72\00:26:39.22 Facebook and everything is very 00:26:39.31\00:26:41.81 shallow. We have to recover things that are 00:26:41.82\00:26:44.53 really significant. Eternal, eternal vigilance 00:26:44.54\00:26:48.56 really is the price of liberty, it's so important 00:26:48.78\00:26:51.91 to be informed and to stay involved and to 00:26:52.16\00:26:55.97 actually do something to protect 00:26:55.98\00:26:57.64 our Religious Freedom. 00:26:57.65\00:26:58.71 In the Old Testament it was obvious that the 00:27:01.34\00:27:04.22 Medes and the Persians imagine that their 00:27:04.23\00:27:06.60 laws once signed by the King could not be 00:27:06.61\00:27:09.56 changed. In the Western World laws are 00:27:09.57\00:27:13.01 not really like that, every time the legislator 00:27:13.02\00:27:15.41 sits down they can add to the laws. 00:27:15.42\00:27:18.02 The Supreme Court can put a new cast on an 00:27:18.12\00:27:20.28 old law, law is a dynamic and most of us 00:27:20.29\00:27:24.02 haven't quite realized that, it's only when you 00:27:24.03\00:27:27.04 look to God's word, to an absolute moral 00:27:27.05\00:27:30.71 eternal law because something that is fixed 00:27:30.72\00:27:33.67 and really ultimately inflexible. Today there is 00:27:33.68\00:27:38.00 a great debate in our world, in the United 00:27:38.01\00:27:41.29 States particularly about the role of law and 00:27:41.30\00:27:44.50 the role of morality. We need to recognize 00:27:44.51\00:27:48.13 that the church has a higher role to represent 00:27:48.14\00:27:51.04 God's law to a Secular State. The Secular 00:27:51.14\00:27:54.30 State is seeking to uphold the public good, 00:27:54.31\00:27:57.87 but it is not working necessarily for moral 00:27:58.22\00:28:01.18 absolutes. For Liberty Insider, 00:28:01.19\00:28:05.03 this is Lincoln Steed. 00:28:05.04\00:28:06.54