Do I Really Need to Concern Myself With the Law

21 Saturday Aug 2021

Posted by memoirandremains in Biblical Counseling, law

Tags

I am finishing up what will be a book on “intersection” of legal issues and pastoral counseling. One question I have received has been the extent to which government may seek to regulate biblical counseling, whether by state mandate or by private lawsuit (which is in effect a petition to the government to exercise its power in a particular instance). Below, is a draft Preface to answer that question.

Yes. If you do not, you will not be able to minister well to others. Some counselees will be involved in legal disputes, divorces, criminal proceedings; you will need to understand their circumstance to help them.

But you also need to concern yourself with the law because the culture is changing: And as the culture changes, so does the law. The relatively amicable relationship Christian ministry in general and Christian counseling in particular had with the culture and law is changing: quickly and fundamentally.

The first thing we need to understand about the law is that the law is an expression of culture. If we return a few decades in our history, homosexual conduct was a crime in the United States. In Bowers v. Hardwick, 478 U.S. 186 (1986), the United States Supreme Court upheld the constitutionality of a law prohibiting sodomy. Yet, less than 20 years later in Lawrence v. Texas, 539 U.S. 558 (2003), the same Court found such laws to be unconstitutional.

The words of the Constitution did not change between 1986 and 2003, but the culture did change. When we think about the law, we need to realize that the law is an expression of the culture. If the culture changes, the laws will change.

So, when we think about the law, we need to think about the law as it relates to the broader culture. We need to understand where the law stands today, but we also need to be prepared for the where the law will be tomorrow.

A detailed consideration of the culture and the legal system would be well-beyond the scope of this work. Yet, there are some things we must consider. In 2013, Albert Mohler wrote of “A Moral Revolution at Warp Speed.” (Albert Mohler, Jr., “A Moral Revolution at Warp Speed,” Albert Mohler, December 11, 2013, https://albertmohler.com/2013/12/11/a-moral-revolution-at-warp-speed-now-its-wedding-cakes.) That moral revolution has been moving steadily through the legislatures and courts.

As this book is being finalized, decisions in the federal courts and decisions in legislatures are finding that “erotic liberty” (to use Dr. Mohler’s phrase) is of more social value than First Amendment rights to speech or religion. I have spoken with some of the most well-informed attorneys as to First Amendment law who are dumbstruck at what has been said and done.

There are well-known cases of Christian wedding photographers who have asked to be exhibited from being coerced to participate in same-sex weddings. A wedding (as opposed to a bare marriage license) for a Christian is a religious rite which serious theological consequences. In the recent decision of 303 Creative LLC v. Elenis, et al, _____ F.3^rd _____ (10^th Cir. 2021) the appellate court found that the law which prohibited a Christian wedding photographer from refusing to photograph a same-sex wedding was a content-based restriction on speech and that compelled speech by the photographer.

Only in the most extraordinary circumstances have the courts permitted such laws to stand. Under the law, the most-vile racist speech and pornography is protected. But in this decision, the 10^th Circuit held that erotic liberty of same-sex couples was such remarkable importance that the state could compel the speech of a Christian to approve of the marriage, “we hold that CADA satisfies strict scrutiny, and thus permissibly compels Appellants’ speech.”

Think for a moment. We allow “conscientious objectors” to avoid war – which can entail the very existence of the nation – to refuse on the ground of a religious objection. We cannot compel a Nazi to speak well of Jews. But the government can compel someone to approve same-sex marriage.

You may think, “Yes, but the government will not try to concern itself with what is done in a church.” In Equal Employment Opportunity Commission v. Hosanna-Tabor Evangelical Lutheran Church & School (6th Cir. 2010) 597 F.3d 769, the appellate court found that an ordained minister had the right to make a complaint to the EEOC and the church which fired the plaintiff was not permitted to rely upon the “ministerial exception.” When the church appealed the decision, the United States government argued that the state had the power to determine whether there really was a proper basis to fire the minister. The Supreme Court overturned the Sixth Circuit, but the federal government was on the other side.

There are well-publicized instances of the state taking a child away from a parent who wished to protect their child from what is called “transition,” but is sterilization and amputation of healthy body-parts, the poor child believes the body to not be who they “really” are.

You may think, “Yes, but I am a biblical counselor in a church, not a photographer at wedding, I’m not making a hiring decision, I’m not a parent who has lost her child to sterilization.” If this begins to sound like Martin Niemöller’s famous lines, “First they came for the Communists …,” you should realize that they are not that-far from you.

Consider this: There are state laws which prohibit licensed therapists from counseling minors against same sex attraction and behavior.

As will be discussed below in chapter 2, the activity which you undertake in providing counsel is functionally identical to conduct of a licensed counselor. I want you to imagine that a high school student, the child of a family in the church is brought to you, unwillingly, by the parents of a child. The parents ask you to “fix” their child. You gently and patiently explain to child that the Scripture has very clear instructions on sexual behavior. You explain that a very strong desire to do something, even an inability to not understand how one could not desire to do a thing, does not make a thing right in the eyes of God. You sympathize with the difficulty this will be for them, but counsel against this sin.

This teenager, who already resents his parents, goes to the local “human rights” attorney, who then sues you for (1) practicing psychotherapy without a license, and (2) violating the fundamental policy of the state. You will be brought before a judge, who must be re-elected to maintain her pension, and a jury who belongs to the culture at large and which thinks you at best outdated. Your scriptural counsel will be called hate speech.

Wait, you will say, the government will not concern itself with what a pastor says to his congregation! This would ignore instances, such as the mayor of Houston (through an outside group) subpoenaing the texts of sermons of local pastors to look for “troublesome” language.

And so, you lose at the trial court. You then bring your case to the 10^th Circuit, say (who already believes Christians must be compelled to approve of same-sex marriage).

We need to understand where the law is today, and where the law will likely be tomorrow. There are many fine attorneys who have advocated on behalf of the freedom of religion. Some of those attorneys have contributed to this book. We know that God is sovereign.

However, we also know that God expects us to exercise wisdom. “The prudent sees danger and hides himself, but the simple go on and suffer for it.” (Prov. 22:3) This book is not meant to cause fear, but rather is a call for the exercise of wisdom. Since most biblical counselors will not have legal experience, we written this book to give what we have experience.

Offering Counsel to One Troubled by “Conspiracy Theories”

12 Tuesday Jan 2021

Posted by memoirandremains in Biblical Counseling

≈ 1 Comment

Tags

anxiety, Biblical Counseling, Conspiracy Theory

A theory is an explanation for a series of facts: these are ways to connect various facts into a comprehensible whole. The theory is useful because it makes sense of the world; it reduces anxiety at one level – but it also refocuses the anxiety on some appropriate response (usually a political response).

If you confront the theory directly, then the discussion becomes whether the theory is true or false. That will (1) prove to be next to impossible; (2) completely sidetrack your counsel.

Let us assume that this theory is true, and there are nefarious forces at work in the world and that such forces have power. That is nothing new in the history of the world. We do live on the planet that murdered Jesus. What do we do? What is the solution?

When we break this down in terms of the elements of the theory the counseling responses are something you already know. First, there is response to anxiety. Rather than trying to figure out the precise evil machinations of evil people (we know the trouble of the human heart), we should remember the goodness, knowledge, and power of God. Paul wrote about contentment while imprisoned by Rome. Thinking about the theory only causes greater anxiety. Yes, we should be wise, but it is not wise if it creates sinful fear and unnecessary preoccupation of our attention. Phil. 4:8-9

Second, the theory suggests a future course of action. While not counseling complete passivity in response to political problems and while being thankful for common grace means to restrain evil, we need to realize that these responses are at best provisional and limited. Putting more effort into trying to get wild boars to behave like bunnies will always ultimately fail; it will never resolve the anxiety nor fix the world. Yes, we should work for good in the world, but always remember the fixed limitations.In the end only the change of a heart of stone for a heart of flesh will change one. If you are worried about the evil in the world, then we should use those tools which respond to evil. 2 Cor. 10:1-7.

Finally, always be careful to show grace to someone who is deeply concerned about the wrong in the world. They are fearful; you bring comfort. And teach them useful hymns

This is my Father’s world:

O let me ne’er forget

That though the wrong seems oft so strong,

God is the Ruler yet.

This is my Father’s world:

Why should my heart be sad?

The Lord is King: let the heavens ring!

God reigns; let earth be glad!

He is well aware, after all, when is the time for what is causing us depression to be removed

14 Wednesday Oct 2020

Posted by memoirandremains in Biblical Counseling

≈ Leave a comment

Tags

anxiety, Biblical Counseling, Depression, John Chrysostom

Let us not take this with a grain of salt; instead let us learn also from this the highest values, and when we fall foul of some disaster, even if we are suffering grief and pain, even if the trouble seems insupportable to us, let us not be anxious or beside ourselves but wait on God’s providence. He is well aware, after all, when is the time for what is causing us depression to be removed—which is what happened in her case as well.

It was not out of hatred, in fact, or of revulsion that he closed her womb, but to open to us the doors on the values the woman possessed and for us to espy the riches of her faith and realize that he rendered her more conspicuous on that account.… Extreme the pain, great the length of grief—not two or three days, not twenty or a hundred, not a thousand or twice as much; instead, “for a long time,” it says, for many years the woman was grieving and distressed, the meaning of “for a long time.”

Yet she showed no impatience, nor did the length of time undermine her values, nor the reproaches and abuse of her rival; instead, she was unremitting in prayer and supplication, and what was most remarkable of all, showing in particular her love for God, was the fact that she was not simply anxious to have this very child for herself but to dedicate the fruit of her womb to God, offer the first fruits of her own womb and receive the reward for this fine promise.

John Chrysostom Homilies on Hannah 1.

John R. Franke, ed., Old Testament IV: Joshua, Judges, Ruth, 1–2 Samuel, Ancient Christian Commentary on Scripture (Downers Grove, IL: InterVarsity Press, 2005), 195.

A comparison of Plutarch and Paul

15 Tuesday Sep 2020

Posted by memoirandremains in Plutarch, Romans

≈ 3 Comments

Tags

Biblical Counseling, Law on the Heart, Plutarch

The brilliant moralist and essayist Plutarch (born AD 49 and thus his life overlapped with St Paul who died around 65/66 AD) raised an issue concerning a good ruler – which was also a concern of Paul: the law written on the heart. But they came to rather different conclusions on the matter:

Who then shall have power to govern a prince? The law, without doubt; which (as Pindar saith) is the king of mortal and immortal beings; which is not written without in books nor engraven on wood or stone, but is a clear reason imprinted in the heart, always residing and watching therein, and never suffering the mind to be without government. The king of Persia indeed commanded one of his lords that lay in the same chamber to attend him every morning, and to sound these words in his ears: Arise, O king! and take care of those affairs and duties that Oromasdes requires of thee. But a wise and prudent. prince hath such a monitor within his breast as always prompts and admonishes him to the same effect.

The law on the heart is a peculiar attribute of a good ruler. The law restrains the prince: it is knowledge which governs the governor. If the knowledge is present will effectively direct reason.

Paul raises the same issue of the law written on the heart in his letter to the Roman Church:

12 For all who have sinned without the law will also perish without the law, and all who have sinned under the law will be judged by the law.

13 For it is not the hearers of the law who are righteous before God, but the doers of the law who will be justified.

14 For when Gentiles, who do not have the law, by nature do what the law requires, they are a law to themselves, even though they do not have the law.

15 They show that the work of the law is written on their hearts, while their conscience also bears witness, and their conflicting thoughts accuse or even excuse them

16 on that day when, according to my gospel, God judges the secrets of men by Christ Jesus.

Rom2.12-16

The law is present upon every heart. But the law does exactly govern although it does judge. The law sets up as tribunal and gives a judgment. This judgment of the law proves the law has been written on every human heart. It also acts a warning of the greater judgment to come.

This law is different than Plutarch’s version because it belongs to all – but more importantly it gives judgment but does not convey the power to conform:

19 Now we know that whatever the law says it speaks to those who are under the law, so that every mouth may be stopped, and the whole world may be held accountable to God.

20 For by works of the law no human being will be justified in his sight, since through the law comes knowledge of sin.

Rom3.19-20

This perhaps demonstrates the fundamental similarity and distinction between a worthy moralist such as Plutarch and Paul.

In the Bible the fault is far deeper than knowledge. Reason also does not restrain desire; and twisted desire brings madness:

And since they did not see fit to acknowledge God, God gave them up to a debased mind to do what ought not to be done.

Rom1.28

The prophet Jeremiah in a vivid section describes sin against known law so:

23 How can you say, ‘I am not unclean, I have not gone after the Baals’? Look at your way in the valley; know what you have done- a restless young camel running here and there,

24 a wild donkey used to the wilderness, in her heat sniffing the wind! Who can restrain her lust? None who seek her need weary themselves; in her month they will find her.

Jer2.23-24

And so the Christian can not rely upon education alone because the fault is worse than ignorance.

I think history demonstrates that even the wisest rulers have made spectacularly poor decisions when driven by foolish desire. And thus the judgment for depth of treatment and accuracy of human nature go to Paul.

Be careful when telling others to “trust God”

12 Sunday Jul 2020

Posted by memoirandremains in Biblical Counseling, Ministry

≈ 2 Comments

Tags

Biblical Counseling, Relying on God, Trusting God

There is sort phrase which Christians use, carelessly and often harmfully. I have seen and heard it used with great sincerity and without content or comprehension.

When faced with another’s overwhelming struggles, whether it is some loss or an immediate problem as crushing and quotidian as paying bills or watching children, we counsel one-another to “trust God” or “rely on God.” We are “turn over” our problems to God.

The more ambitious will add a reference such as Philippians 4:6-7, “Do not be anxious about anything, but in everything with prayer and thanksgiving let your requests be made known to God. And the peace of God which passes understanding will guard your hearts and minds in Christ Jesus.”

In counseling people, a preparatory question is, “What have you done about your circumstance?” To which the most common answer is, “I prayed and Philippians 4 didn’t work.”

The trouble which such an understanding of the work of God in human trouble is that distorts and discourages us.

If you are going to start an automobile, you need gasoline the tank and a functioning motor and a charged battery and you must turn the key and so on. Now imagine one who put gasoline in the car and then sat in the car waiting for it to start. We would think such a person crazy. And yet this is how we seem to think troubles work with God.

Prayer is critical in the process of relying upon God but it is not the only thing.

When you have a trouble, your reliance upon God is a reliance upon me. If I am here, and I can help, then I am part of that answer to prayer. The proposition is plain and common throughout Scripture. Perhaps we don’t see the connection because we have a tendency to compartmentalize the aspects of the Christian life in such a way that we don’t see the interrelated nature of the Church’s life.

In 2 Corinthians 1, Paul tells the Corinthians that in the midst of suffering God has given comfort to Paul so that Paul can give comfort to them. 2 Cor. 1:6. God is going to comfort them by means of Paul comforting them.

In Matthew 25, Jesus tells the story of judgment day when he will reward those who cared for the needy, because caring for the hungry or naked or the one in prison, they were caring for Jesus.

Paul in Galatians 6:2 writes, “Bear one another’s burdens and so fulfill the law of Christ.”

James writes in the second chapter of his letter that if you see a brother who is need of clothes and food and you say, “Be warm and filled” but you do not give him food and cloths, your faith is dead.

The point could be multiplied for pages.

To rely upon God is to rely upon the people of God, too.

Yes, can miraculously solve problems. And yes, God does give fortitude through unbearable trials.

But that is no excuse for me to neglect you. If you are to rely upon God in the midst of your trial, and I say that to you, then I must necessarily implicate myself. And I must necessarily see how easily I fail here.

And lastly, just to show how persistent sin can be, there is an equal sin in helping others.

Rieff, The Triumph of the Therapeutic, Chapter 2.1 (Discipleship and Therapy)

21 Tuesday Apr 2020

Posted by memoirandremains in Apologetics, Biblical Counseling, Freud, Theology of Biblical Counseling, Uncategorized

≈ 1 Comment

Tags

Biblical Counseling, Freud, Integration, Presuppositional apologetics, Rieff, The Triumph of the Therapeutic, Theology of Biblical Counseling

Chapter Two

The Impoverishment of Western Culture

There is an implicit claim here that symbols function as a mechanism by which a culture gains ascent over the various individuals in the culture: the means by which the superego functions. A curious question which is left unanswered is “Why symbols?”

We could argue that symbols point to the transcendent, but a proposition of Freud must be that there is no real transcendent. Why then any sort of desire or inclination in that direction? That is left unanswered. We simply learn that Freud provides us a mechanism to strip out the symbols.

We then learn that essentially Western Culture developed by means of suppressing sexual desire. (40) The control over sexual desire was the high water mark of character.

Since there is no objective morality, only pragmatics, there is no particular need for such suppression except in and so far as it is functional for the culture.

On an aside, I have noticed that the treatment for “sexual addiction” is distinction amoral in this regard. The problem is not whatever inclination, but rather whether there are negative consequences for following such an inclination.

There is an unstated morality which is present in this: Desires are inherently good. That is a moral equation in the guise of amorality. But if it were truly amoral there would be nothing better about indulging or refraining. Moreover, personal happiness could not be relevant, because anyone else’s concern for your well-being is also irrelevant. In short, the moral question is really not as absent as some pretend. It is always there; the difference is where does not draw a line?

But back to Freud: The “analytic attitude”, the aim of “therapy” is always at the distinct individual. There is no reason to “cure” any sort of desire; because what makes Mr. X happy is necessarily good. “Well-being is a delicate personal achievement”. (41)

This is taken as an ethical demand upon “therapy”. We start with the idiosyncratic evaluation of the patient and seek to assist in achieving that end.

That is fundamentally antithetical to the Christian demand. In Matthew 28, Christ places a solitary command upon the Church: “make disciples”. The process of disciple making is “teach the to observe all that I have commanded.”

Now one can reject the proposition that Christ spoke or that Christ spoke these words. That is an honest position, and the position of Freud, for instance. But for one to claim to be a “Christian” and also take a position that Freud has a contribution on this issue is perplexing.

The position of the Scripture is not terribly confusing. Yes, there can be knotty issues, but those are not the main. The center of the road is abundantly clear.

What is confusing is when someone proposes that there is any sort of integration possible at this key point. No one is contesting the ability of anyone to make observations about the relative frequency of X behavior. But when it comes to this question of the fundamental presuppositions, What is a human being, What is the purpose of a human being, What is necessary for human beings to change: those issues are beyond compromise or “integration”. When we get to presuppositions, those are questions of grammar.

In the English and German language, the sound “gift” has a fundamentally different meaning. In English you get one at Christmas. In German, it is “poison”.

Discipleship and therapy are similar in that both involve words and directions and people who know something is wrong. “Gift” sounds the same in English and German. But O the difference!

As a final note, if you are at all curious about the matter of the importance of “presupposition”, I must direct you to my brothers at:

Domain for Truth: https://veritasdomain.wordpress.com

Why Would the State Seek to Regulate Biblical Soul Care?

04 Saturday Apr 2020

Posted by memoirandremains in Biblical Counseling, Uncategorized

≈ Leave a comment

Tags

Biblical Counseling, Counseling and Legal Issues, law

This is the introduction to a lecture which I will be giving at the ACBC Conference this fall . Since this is an early draft, some or all of this may be rewritten, revised, or simply rejected. But I often think things through by writing them out. Since this is a draft, if you do happen to have an opinion, I would be happy to hear it so that I can make the necessary changes.

The answer to this question will be a bit complex, for two reasons. First, the question concerns the interaction of law and religious practice. Second, the culture as a whole is the process of a fundamental shift; and, as the culture shifts so does the law. Therefore, to answer this question I will need to build an argument in sections, block-by-block.

The Quick Answer

There is an easy answer to this question; it is unpacking the elements which will take time. The State seeks to regulate Biblical Soul Care, because we look like Cognitive Behavioral Psychologists who use religious language for certain predetermined ends. We are just scoff-laws who simply refuse to take the licensing examination and abide by the agreed-upon ethical standards.

The State is completely unconcerned with the fact that we use the Bible, call ourselves Christian, ask people to pray or any similar aspect of our counsel. As I was preparing for this lecture, I read a blog entry on Scientific American concerning the use of tarot cards and astrology as the basis for psychotherapy.

The author plainly favors what he labeled “evidence based” therapies of the more traditional form. And yet ended with the following observation:

Research into the brain and mind, I have argued on this blog and elsewhere, has yet to produce truly persuasive theories of and treatments for mental illness. As a recent essay in a British psychiatric journal argues, “it is still not possible to cite a single neuroscience or genetic finding that has been of use to the practicing psychiatrist in managing [mental] illnesses despite attempts to suggest the contrary.”

This failure helps explains why people still turn to Freudian psychoanalysis, although it does not stand up to scientific scrutiny, and to an even older mind-therapy, Buddhism. And it explains why many people in distress turn to astrology, tarot cards and other pseudoscientific methods. May they find the solace they seek.[1]

But rather than dunk on our psychiatrist friends, I wish rather to make another point. A perfectly reputable psychiatric source is willing to accept – at least tolerate – the use of pseudoscience in the practice of psychotherapy. If you read the post yourself, you can find citations to other reputable practitioners who are willing to permit the use of admittedly unscientific methods because merely being convinced that it will help is usually enough to bring some relief.

Therefore, if you want to talk about Jesus and prescribe a course of prayer, you are free to do so. But, we only ask that you get a license first.

And in a world where hairdressers need official training and an occupational license, we should not be surprised that something as significant as dealing the human heart requires some standard.

Thus, we should not be surprised that the State would seek to regulate therapists no matter what they use as the basis for their therapy. And so, if a pastor wants to preach and pray and engage in rituals, he may. But -as the representative of the State will say -if that same man wants to start engaging in therapy, he should be regulated. He can engage in his religion without a license; but therapy, that is for the State to regulate.

[1] John Horgan, “Astrology, Tarot Cards and Psychotherapy,” Scientific American (blog), February 24, 2020, https://blogs.scientificamerican.com/cross-check/astrology-tarot-cards-and-psychotherapy/.