How States Can Stop Same-Sex Marriage: Interposition of the Lesser Magistrate

The Doctrine of the Interposition of the Lesser Magistrate is rooted in the historic Christian doctrine of interposition. Interposition is that calling of God which causes a person to step into the gap and willingly place himself between the oppressor and his intended victim.

When the higher magistrate or authority imposes its unjust, immoral laws or policies, then the lesser magistrate or authority has the duty and responsibility to interpose himself between the people and the corrupt higher magistrate or authority in order to stop his tyrannical laws. The lesser magistrate or authority also acts in defense of the rule of law, and prevents the just judgment of God which would occur if the unjust, tyrannical law were imposed.

The prototype of the Doctrine of the Interposition of the Lesser Magistrate was the American Revolution. The colonial leaders interposed themselves between the colonists and the tyrannical English King, George III. This doctrine gave our Christian Forefathers the Biblical basis to oppose the English King and Parliament.

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A recent example of interposition in history was the Romanian revolution of 1989. The revolution actually began in the city of Timisoara where Laszlo Tokes was the pastor of a Reformed church. The Securitate (secret police) came to arrest the pastor, a common occurrence in Ceausescu’s Romania. Many of those arrested were never heard from again.

The people of the church learned of their pastor’s impending arrest and gathered to blockade the doors of the church in order to interpose themselves on his behalf and resist his arrest. The secret police sent to arrest Laszlo Tokes were accustomed to compliance. When the people blocked the doors, they were stunned by these actions, and merely parked their car down the street to wait the people out.

As word spread however, more and more people arrived to blockade access to the pastor. Within a few days, more than a thousand people had surrounded the church and would not leave. News of this spread to other areas and a nationwide revolution broke out. Two weeks later, Ceausescu and his wife lay dead on the palace steps. Their two-decade reign of terror was brought to an end.

In the November 8, 2005 General Election, the citizens of Texas passed, by an overwhelming margin of 76% to 24%, a Marriage Amendment to the Texas Constitution, Article 1, Section 32, which provides that “Marriage in this state shall consist only of the union of one man and one woman.” This amendment excludes homosexual couples from marriage and prohibits homosexual couples from obtaining any other form of legal family status.

Mike Baselice’s election poll this past fall demonstrated that 70% + of the Texas electorate supported the Texas Marriage Amendment.

On February 26, 2014 the unelected, liberal, activist Federal District Judge, Orlando Garcia, in a display of raw judicial tyranny, rejected the will of 76% of Texans, and arbitrarily ruled that the Texas Marriage Amendment was unconstitutional, creating new law from the bench and redefining marriage.

Judge Garcia’s order has been stayed and the decision was appealed by then Texas Governor Rick Perry and then Attorney General, now Governor, Greg Abbott to the 5th Federal Circuit Court of Appeals. ‘Homosexual mirage’ remains illegal in Texas at this point in time.

The idea that homosexuals could be married is a ‘mirage.’ It is contrary to God’s moral order. It’s a counterfeit. It’s a lie.

If the Texas Marriage Amendment is overturned permanently, then every Texas citizen, every church and business would be coerced and compelled to recognize and affirm homosexuality and other deviant sexual relationships as morally and legally equivalent to marriage. If this occurs then anyone who speaks out against homosexuality and deviant sexual relationships will be prosecuted for hate speech and hate crimes, violating the Constitutional rights of the majority to their freedom of speech and freedom of religion.

If you do not think that this could happen in Texas, then it is vital that you educate yourself on what has occurred in Massachusetts since homosexual marriage was allowed by the courts there in 2003. If you want to know what the horrendous, long term, adverse effects of legalizing homosexual marriages are, you simply must watch this shocking 28 minute documentary, entitled What Same-Sex Marriage Has Done for Massachusetts.

Judge Garcia issued an evil decision. Evil orders must not be obeyed.

The biblical role of the civil magistrate is made clear in Romans 13:3-4: “For the rulers are not a cause of fear for good behavior, but for evil. Do you want to have no fear of authority? Do what is good and you will have praise for the same; for it is a minister of God to you for what is good. But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil.”

State governments and their constitutions are also governments, “ministers of God for our good.” We often forget this principle, but nation was built on it. Remember, the states and their governments created the national government and gave it limited powers.

Scripture sets a standard as to what is right and what is wrong, what is good and what is evil, what is wicked and what is righteous. It is God’s Law: “So then, the Law is good, and the commandment is holy and righteous and good” (Rom. 7:12).

The federal government and its federal judges want to force our society to accept, affirm and affirm, as well as celebrate homosexual conduct and ‘homosexual mirage.’ This is evil and must be opposed.

In order to protect the people of Texas, especially the children, and to defend Texas’ state sovereignty from the evil court order of Judge Garcia, the Texas Legislature must pass HB 623 by Bell, the ‘Preservation of Sovereignty and Marriage Act,’ and interpose itself between the people and the federal government. Sen. Charles Perry is going to introduce a companion bill to Cecil Bell Jr.’s HB 623 in the Texas Senate.


This article was adapted and expanded by Steven Hotze, M.D. from an article by Pastor Matt Trewhella entitled “Lesser Magistrate Doctrine is Rooted in Interposition” and found at

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