At ADF, our clients – especially pastors and churches – often question whether it is biblical for Christians to sue the government to protect their constitutional rights. This question stems from passages like Romans 13:1-7, which commands us to “submit [our]selves to the governing authorities,” because those authorities are established by God. Would a lawsuit against the government violate this command?
Perhaps the best way of answering this is to consider who the “government authorities” are. Our system of government features a series of authorities at different levels (e.g. local, state, and federal) and of different types (e.g. executive, legislative, and judicial). Yet one authority in our system stands above all others: the United States Constitution. By using the judicial system to insist that government officials follow the Constitution, a church is not resisting authority. It is simply using the established system of government to appeal to a higher authority.
Apostle Paul, the author of Romans, frequently appealed to higher authorities to protect his rights. For example, he invoked his Roman citizenship and Roman law to force magistrates to personally release him from a Philippi prison after he had been beaten illegally (Acts 16:16-40). He later invoked his Roman citizenship in Jerusalem to prevent a centurion from flogging him (Acts 22:22-29). Then he defended himself against charges in a Roman court and ultimately appealed to Caesar (Acts 24:10-25:12). Clearly, Paul had no trouble appealing to higher authorities when government officials overstepped their bounds or did not do justice.
So invoking a higher authority is not the same as resisting authority. A lawsuit is neither revolution nor rebellion. It is simply a way to insist that government officials obey a higher legal authority. And by doing so, it helps uphold the rule of law, preserves our Constitution, and ensures that we all can continue to enjoy our first liberty – religious freedom.
If you’re interested in exploring these issues in more depth, ADF attorney Travis Barham has written an excellent essay that I recommend to any Christians who are faced with the possibility of going to court to protect their constitutional rights.
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