I think that point can be argued in an explicitly Scriptural way. Although, I don’t suppose ‘religion’ establishmentarians necessarily disagree with that point. What I think there is disagreement about is the criterion by which we should discern the respective assignments (to church and to civil government, concerning ethics), and what those assignments are.

Read Part 1 in the previous post.

In whatever way the English Dissenters/Nonconformists in the 1600s, the American Presbyterians in the 1700s, and Neocalvinists in the 1800s might have presented a Scriptural case against civil establishment of the church, I think Charles Hodge’s argument is a sound one.

Some Reformed establishmentarians, however, try to argue for—not the civil establishment of a single church institution/denomination, but rather—the civil establishment of ‘religion,’ whether that is conceived in broader Nicean orthodox Christian terms, or in relatively more narrow Protestant, or specific Reformed terms.

While I have highlighted the implied concern of Hodge’s argument regarding faith and worship, I take one of the main concerns of establishment of ‘religion’ to be ethics.

If we characterize part of Hodge’s argument as a sort of “exclusion” or “regulative principle” argument (viz, discipline in faith and worship are assigned the church, not to civil government, and therefore forbidden to civil government), and this is accepted arguendo, this nevertheless seems to leave open the question regarding ethics. The issue might be put this way: isn’t discipline regarding ethics assigned to both church and civil government, although the means of discipline differ?

For example, theft is a matter of ethics, the discipline of which is assigned to the church, and yet discipline regarding theft is also assigned to civil government. So, why does this not extend to some, if not all, other ethical matters, even including those that overlap with matters of faith/heresy and worship/idolatry, such as blasphemy? In light of this, we can raise this fundamental question:
Is there any Scriptural criterion by which we can discern which ethical matters are assigned to civil government for discipline (if the set of ethical matters is not simply identical to those assigned to the church)?

As I understand it, many advocates of civil establishment of ‘religion’ employ a criterion of “public-ness”. So, for example, one may hold private blasphemous opinions and even privately worship in a blasphemous manner, but one should be civilly prohibited from “publicly” blaspheming, say, by publishing a book that says belief in God is stupid, dangerous, and evil.

The following is how Hodge’s Scriptural argument addresses this issue.

First, as an aside, notice that Hodge includes an initial 4th point (which may be said to concern sphere sovereignty) that I do not include in my quotation because it seems to me its character as a Scriptural point is not made explicit by Hodge. It focuses on the point of different particular ends ordained by God for these distinct institutions, so that the fact of their having the same general end does not permit the inference that they are assigned to identical matters.

I think that point can be argued in an explicitly Scriptural way. Although, I don’t suppose ‘religion’ establishmentarians necessarily disagree with that point. What I think there is disagreement about is the criterion by which we should discern the respective assignments (to church and to civil government, concerning ethics), and what those assignments are.

Second, I think Hodge’s last point about the coercive means instituted for civil government is the key to recognizing the criterion by which we can discern which ethical matters are assigned to civil government. (This is so, even if Hodge does not himself draw this out explicitly, but restricts himself to how we discern what is not assigned to civil government.)

Briefly stated, we may reason from Scripture on the issue like this: given the explicit institution of civil government in Genesis 9 by way of affirming the principle of proportionality in retributive justice, we must infer that the authorization of responsive coercion repeated in Romans 13 is restricted to the wrongdoing of prior initiation of coercion (aggressions) against persons and property. In other words, proportionality entails not only to what degree/extent coercion is used, but whether it is used at all. And to use coercion against non-aggressive immorality is disproportionate and violates the sword power authorized by God for civil government.

That, then, is the Scriptural criterion by which we can discern which ethical matters are assigned to civil government, and it’s the way Hodge’s argument, although requiring that elaboration, applies to not only establishment of a single church institution, but also to establishment of ‘religion’ concerning civil enforcement of ethics, or a public morality.

Gregory Baus is co-host of The Reformed Libertarians Podcast. He is a confessional Presbyterian living in Northumberland, Pennsylvania. This article is used with permission.