Now is the Time.

Posted in Leadership, Work by Benham Brothers | September 8th, 2015


“She’s not a mommy-blogger, a published author, or a rock-star speaker. Kim Davis just rocks a jumper and goes straight beast-mode. #COURAGE.”

You should’ve seen all the “loving and tolerant” responses we got from this tweet.

If you haven’t heard of this previously unknown woman in Kentucky who’s causing all sorts of chaos in the nation, then you’re just not paying attention. (It’s OK, we’ve been there before.)

Her jailing last week reveals that we have deep spiritual and political fractures in our foundation as a nation.

1) Spiritually: We no longer base our laws on the bedrock of God’s law, which has forfeited His blessing and protection on our nation. As a result, our economy is hanging by a thread (with insurmountable national debt), our families are breaking, our churches are ducking for cover with the threat of government overreach, and we are now joined with Iran and other God-hating regimes that are dedicated to wiping freedom off the globe.

The words of the prophet, Jeremiah, sting us with an eerie similarity:

“‘Why is the land ruined, laid waste like a desert, so that no one passes through?’ The Lord said, ‘Because they have forsaken My law which I set before them, and have not obeyed My voice nor walked according to it, but have walked after the stubbornness of their heart …’” (Jeremiah 9:13-14a).

We have abandoned the God of the Bible, the very God of our founding. Our spiritual foundation has been compromised.

George Washington said, “It is impossible to rightly govern a nation without God and the Bible.”

When we reject God’s law by removing His influence from every vestige of society, how can we rightly govern ourselves?

The answer is: We can’t, and we’re not.

2) Politically: The average American no longer understands the true nature of our constitutional republic and federal system. Without this knowledge, we can’t govern ourselves. So we’re going to put on our “homeschool dad” civics pants and freshen up a bit.

We are a nation of laws (a constitutional republic), not majority rule (democracy). Our Founders were smart enough to realize that sometimes the majority doesn’t do what is right, which is why they established a constitutional system – a set of principles (based on God’s law of nature) that governs the nation.

Our Constitution provides the standard by which the nation can be governed. Imagine if our leaders had no standard, if they acted on their own authority as if we had no laws. (Yeah, we’re there already – but this is a civics refresher on what it’s supposed to look like.)

Our Founders also set up three branches of government – legislative, executive and judicial – to provide checks and balances so that no one branch would rule over the others.

It basically goes like this:

Congress makes the law. The courts interpret the law. And the president enforces the law.

So where did they get this idea? Isaiah 33:22: “For the LORD is our judge, the LORD is our lawgiver, The LORD is our king. He will save us.”

By wise design, legislation, enforcement and adjudication are to be separate and distinct functions among men.

We also have a federal system, which means that we have a national government and independent state governments (set up the same way as above, with individual state constitutions), each having their own separate and independent authority.

And in case there was ever a question about constitutional jurisdiction, the 10th Amendment was added to the U.S. Constitution to protect the authority of the states. In other words, any power not written in the U.S. Constitution is up to each individual state.

There you have it – our constitutional and federal system, the way it’s supposed to be (without all the confusing nuances).

Now back to Kim Davis. The power to define marriage is not delegated to the federal government anywhere in the U.S. Constitution. Therefore, according to the 10th Amendment, individual states have the right to define marriage. And the way to do this is to amend a state constitution, which dozens of states have already accomplished by votes of the people. This is the beauty of our system. “We the People” get to decide on our laws (democracy).

Kentucky did this very thing in 2004, saying, “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”

This is the law in Kentucky.

So, based on our system of government, Kim Davis did what was right by refusing to issue same-sex marriage licenses because she was upholding Kentucky law. And the 10th Amendment protects the law that Kentuckians put in place.

So the question is, if Kim Davis is sitting in jail as a lawbreaker today, what law did she break? Did the U.S. Congress pass a gay-marriage law when we weren’t looking? Was a same-sex marriage amendment voted on by the people of Kentucky without notice? The answer to all of these is “No.”

The fact of the matter is that five members of our Supreme Court have gone rogue and become tyrannical, disregarding our constitutional and federal system of government. And we the people believe that their opinion (decision) actually made a new law, legalizing gay marriage.

In the words of our history professor at Liberty University: “Judges and courts have usurped the function of determining what is law, and by default what is legal and what is illegal. Their word, both spoken and written has become law. Only the God of the Bible can speak law.”

To say a Supreme Court opinion or decision nullifies the provision of a state constitution is clearly false. The result of thinking like this will end in anarchy. And since we need order, secularists in power will provide just the solution. They will control us.

Individual liberty is at stake when we no longer function the way our system was set up – and tyranny will reign supreme. Now is the time to stand up and resist, just like Kim Davis.


Image courtesy of Stuart Miles at