The Hypocrisy of Pastors Who Ask Their Highest Authority To Overturn LGBT Nondiscrimination Ordinance

Click the image above to go to the online version of the book.

Jerald Finney
Copyright © October 13, 2018

According to an Austin American Statesman article, “Pastors group seeks to overturn Austin’s LGBT hiring protections,” the Houston-based U.S. Pastor Council has sued the city of Austin in federal court in hopes of persuading their highest authority to overturn a city nondiscrimination ordinance that offers employment protection based on sexual orientation and gender identity. They argue that the ordinance is unconstitutional and invalid because it does not include a religious exemption for 25 member churches in Austin that refuse to hire gay or transgender people as employees or clergy. According to the Statesman article:

“’These member churches rely on the Bible rather than modern-day cultural fads for religious and moral guidance,’ said the lawsuit, filed over the weekend in Austin federal court. They will not consider practicing homosexuals or transgendered people for any type of church employment (or position in the clergy).”

Obviously, these churches pick and choose from the Bible what they want to believe. This article will reveal several aspects of their hypocrisy.

First, they violated the Bible principle of separation of church and state, a principle which is reflected in America’s highest man made law, the First Amendment to the United States Constitution and corresponding state constitutional provisions. Those laws guarantee that a church in America can, without persecution, operate totally outside government control. By incorporating, a church places herself under state law for many purposes. By applying for and receiving Internal Revenue Code § 501(c)(3) status or claiming IRC § 508(c)(1)(A) tax exempt status from the federal government churches choose to place themselves under the rules that come with that status.

Second, they gave up much of their First Amendment and state constitutional protections by voluntarily entering into contracts with the state of incorporation and the federal government—in other words, by obtaining corporate 501(c)(3) or 508(c)(1)(A) status. Their new status as artificial persons places them under the Fourteenth Amendment for many purposes. Artificial persons such as corporate 501(c)(3) or 508(c)(1)(A) churches are under the jurisdiction of state and federal courts. 501(c)(3) and 508 churches have agreed to the rules that accompany the status, and any other rules that may be unilaterally added by the federal government. One of the present rules that comes with church tax exempt status is “shall not violate fundamental public policy.” That rule was added by the Internal Revenue Service and upheld by the United States Supreme Court. Same sex marriage, for example, is now fundamental public policy. Defining marriage to include members of the same sex has implications for the lawsuit filed by the U.S. Pastor Council.

They seek a court order on the basis that “churches affiliated with the U.S. Pastor Council have a right under the U.S. and Texas constitutions to exclude the hiring of gay and transgender people and, if required by church bylaws, bar women from serving in senior pastor positions.” What provisions give them such a right? Certainly not the First Amendment or any state constitutional provisions since they gave up those rights when they gave to Caesar the things that are God’s by voluntarily submitting themselves to Caesar

Third, they attack the city’s hiring ordinance. They submitted themselves to the ordinance when they, like businesses, hired people to work for their organization. A church which follows the guidelines of New Testament church doctrine will not hire anyone. It will not have employees, pay salaries, or operate like a business in any way. In accordance with Bible church doctrine, there is not a single instance recorded in the Bible of a church hiring anyone. In fact, the pastor himself is not to be a hireling. This does not mean that a church cannot provide for the pastor and his family, as the church should do according to the Bible. If a church honors God and gives to support their pastor, there is a way that the pastor can report that support to the Internal Revenue Service so as to honor both God and man. This ministry advises pastors how to do that.

Fourth, they act like businesses but want to be called churches. Why? For temporal, material, and earthly reasons and goals. A New Testament church is an eternal, spiritual, and heavenly entity, a spiritual body, not a legal entity such as a corporate and or tax exempt religious organization. It is a body, but an eternal, spiritual, and heavenly body.

Fifth, they appeal to their authority, the federal court in this instance. They agreed, when they chose their status, that the court would be their authority. Now they go to their authority, not to the Bible, to resolve their issue. The only head of a New Testament church is the Lord Jesus Christ. This does not negate God-given civil government jurisdiction over church members who, for example, commit a crime or tort against another; but it does negate civil government jurisdiction over a church organized according to Bible principles.

Sixth, they commit the greatest hypocrisy of all by claiming constitutional protection under the First Amendment and state constitutional provisions, provisions which reflect Bible principle, when they have voluntarily left their first love, the Lord Jesus Christ, and took on two other lovers – the state of incorporation and the federal government. Instead of relying on their God-given Head, the Lord Jesus Christ, for all purposes, they now depend upon civil governments for many temporal, material, and earthly reasons.

In conclusion, they are not churches under Christ; they are not churches of Christ. “And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it” (Matthew 16.18). “And hath put all things under his feet, and gave him to be the head over all things to the church” (Ephesians 1:22). “And he is the head of the body, the church: who is the beginning, the firstborn from the dead; that in all things he might have the preeminence” (Colossians 1:18). Instead, these churches have chosen, for earthly, not Bible, reasons to leave their first love. See, e.g., The Bible Answer to the Question, “Is an Incorporated 501(c)(3) or 508(c)(a)(A) Church a Church of Christ?” 

Jesus Christ has warned such churches: “Except ye repent, and do the first works, … I will come unto thee quickly, and will remove thy candlestick out of his place, except thou repent.” (Revelation 2:5). These churches are not built by the principles of Christ as given in the Bible. They are built by the principles of men, by man’s laws and business models. Christ is not their authority in all things. They are hypocrites, pretenders, of the worst kind. Had they chosen to honor the Lord Jesus Christ and His principles for church organization, they would not be under the jurisdiction of any civil government as guaranteed by the First Amendment and corresponding state constitutional provisions.* By prostituting themselves with the state and federal governments, they have already lost their spiritual standing with Christ, no matter how their highest authority rules. Their only hope as churches is to repent of their unholy contracts and return unto their first love. Then, they can go to their new authority, the Lord Jesus Christ and His Word, for church direction in all matters of faith and practice.

* For more on this, Click here to go to the answer to a question regarding a lawyer’s false statements concerning church corporate 501(c)(3) status as compared to church First Amendment status. You may also study many of the other resources on this website which explain church First Amendment status. A First Amendment church (a New Testament church) may not sue or be sued.



  1. Introduction
  2. The Light Begins to Shine
  3. The Pilgrims and Puritans in Massachusetts
  4. The Baptists in Rhode Island
  5. The Separates and Baptists in New England
  6. From New England to the South
  7. To Virginia
  8. Religious Freedom in America!
  9. Conclusion

Questions with Short Answers:

  1. What is the history of the First Amendment?
  2. What is the History and Meaning of “Establishment of Religion” in America?
  3. What is an established church?
  4. What is a First Amendment Church?

Links to all lessons on the Basic Course on Religious Liberty

Other studies:

II. B. Union of Church and State in America

It will be some time before this portion of this study is started. I am now working on the Introduction which should be completed within the next few days. Most of the other chapters below are already in the book Separation of Church and State: Spiritual or Legal Entities in online form, PDF, or downloadable audio. Click here to go to the order page for books by Jerald Finney. After I finish the introduction which will be much more concise and informative than the Introduction in the above book, I will finish and publish Chapter 13, “How To Organize a Church according to Bible Principle.”

  1. Introduction
  2. Legal Meaning of Incorporation of Churches
  3. Federal Government Control of Churches through 501(c)(3) or 508 Tax Exemption
  4. The Incorporation-501(c)(3) Control Scheme
  5. Spurious Rationale for Incorporating: Believers and Churches Are To Obey Man’s Law
  6. Spurious Rationale for Incorporating: Limited Liability
  7. Spurious Rationale for Incorporating: To Hold Property
  8. Spurious Rationale for Corporate 501(c)(3) Status: Tax Exemption and Tax Deduction for Contributions
  9. Spurious Rationale for Corporate 501(c)(3) Status: One’s Convictions
  10. Spurious Rationale for Corporate 501(c)(3) Status: 
  11. Spurious Rationale for Corporate 501(c)(3) Status:
  12. The Most Important Thing: Loving God or Winning Souls?
  13. How a Church Can Organize According to Bible Principles
  14. The Results of Ignoring the Bible Principle of Separation of Church and State
  15. Conclusion

I. C. Bible Doctrine Concerning Relationship of Church and State

Click the above to go to the article, “Is Separation of Church and State Found in the Constitution?


  1. Introduction
  2. Definitions of “Separation of Church and State,” “Established Church,” and “Religious Freedom or Soul Liberty”
  3. Dispensation Theology versus Covenant Theology and Their Importance to the Issue of Church and State Relationship in America
  4.  Distinct Differences between Church and State Which Render Them Mutually Exclusive
  5. Render Unto God the Things That Are His: A Study of Romans 13 and Other Verses Taken Out of Context to Support Union of Church and State
  6. Christ-church, Husband-Wife, Bridegroom-bride
  7. Conclusion

I. B. Bible Doctrine of Church


Click here to go to Short Answers to Some Important Questions

Links to lessons:

  1. Introduction 
  2. Christ Ordained the Church and Builds It upon the Rock
  3. A Church Is a Mystery, an Assembly, a Spiritual Body
  4. The Holy Spirit Forms a Church which Is a Temple, a Spiritual Body, the Body of Christ
  5. Christ, the Head/Bridegroom/Husband of the Local Church
  6. The Love between Christ and His Churches
  7. Other Bible Metaphors for a Church: Family, Etc.
  8. How To Recognize a New Testament Church
  9. Heresy and Apostasy


Click here to go to Short Answers to Some Important Questions. 
Click here to go to links to the written lessons.
Click here to go to links to the 3 1/2 to 6 minute video lectures.

Click here to to to Why Understanding and Applying Church and State Law Is Important for Believers and Churches

Click here to go to Articles, Essays, and Other Resources Related to the Doctrine of the Church, Incorporation, 501c3, Etc.

Click here to go to Essays on the Bible Trust Relationship: Links to Essays and Other Resources


I. A. Bible Doctrine of Government


  1. Introduction 
  2.  Self-government
  3. Family Government and Conscience
  4. Civil Government
  5. Israel
  6. God Desires That All Nations Choose To Glorify Him
  7. God Judges Nations 
  8. Satan

Answer to e-mail request for sample of Declaration of Trust

Click here to go to the web page for the “Questions and Answers on Various Topics” webpage which links to this and other question and answer pages.



From:  _______________________________________________________
To: ‘Jerald Finney’ <>
Cc: ______________________________________
Sent: Saturday, October 6, 2018 7:25 AM
Subject: RE: Some short essays/articles on church corporate 501c3 status

Brother Finney,

Thank you so much for all the resources you forwarded to us.  We appreciate it very much. Is it possible that you could send us a sample of what a Declaration of Trust would look like? We found some samples online, however, we want to be to give people an idea of what it will actually look like. Thank you!

God Bless You!

After I sent my Answer to the above e-mail (which is copied below), I received back the following reply:

To: ‘Jerald Finney’ <>
Sent: Sunday, October 7, 2018 8:14 AM
Subject: RE: Some short essays/articles on church corporate 501c3 status

Thank you so much Brother Finney!  I thank you for all that you are doing to help our Churches serve our Lord, Jesus Christ and Him alone.  We always pass on your words of wisdom and discernment to help anyone that may have questions.  Thank you for all your hard work and dedication. 

God Bless You and keep you safe!
Sister __________________________
(we will contact you hopefully in the next day or two about our letter.  Just waiting for one more person to look at it.)


Dear _________________________________,

Again, I appreciate your love for the Lord and your desire to please Him. It has been my honor and privilege to send you links to resources that I hope have been of benefit. I am always humbled when a believer asks for my advice and help. I take these matters very seriously since our God given goal as believers is to glorify and please Him. With that introduction, and with that understanding, I now proceed to address your request.

I do not send out sample DOTs. If a church wants to do their own DOT, they can do so. The basic principles are available for anyone. Correct application for churches under Christ is another matter, which brings up another issue, “whether a given church is a church under Christ.” The DOT and accompanying documentation we have developed are meant only for churches which are ordered according to the principles of the New Testament in all areas of organization and operation.

That said, all the resources one needs to study out and draft their own DOT are online at We have done and continue to do everything we can to provide all the educational resources for the born again believer who wants to do his own work, to do a DOT, to make sure the church he is a member of is established by and for Christ in all things. All that information is available at no cost online. We can offer nothing more than the product of untold thousands of hours of research and writing to help those who want to do it themselves.

A DOT must be drafted in consideration of the highest laws of the nation, the First Amendment and corresponding provisions of the constitution and laws of state (as “Texas”) the church is in and some other matters. As to use of the samples of the DOTs you found online, one must have a lot of Bible, historical, and legal knowledge in order to evaluate whether they correctly accomplish the goal of keeping a church outside the jurisdiction of man’s legal systems. Keep in mind that there are a lot of pseudo experts out there who will in application of principles, contaminate them, not having knowledge, understanding and wisdom about what they are doing. All the DOTs (by whatever name identified) I have seen online are products of those who really do not have the Bible, historical, and legal  knowledge, understanding and wisdom to apply the principles in a way that glorifies our Lord. That is not to dogmatically say that there are not online examples of DOTs which do achieve the goal of the glory of God. Each must be evaluated on its own merits and I do not scour the internet in order to evaluate what others are doing. The examples I have seen were brought to my attention by others.

A properly drafted DOT keeps a church out of man’s legal jurisdiction unless the church ignorantly subjects itself to the legal system. A church who implements a Biblically correct DOT still needs help to make sure that it does not make any mistake(s) which effectively undo what the DOT was designed to do.

A correctly drafted DOT should cover all essential matters. A church can actually establish, without any documentation whatsoever, a trust relationship with money and property whereby the church holds or owns no money or property and all money and property in the trust estate belongs to the actual owner, the Lord Jesus Christ. However, it is wise to utilize a written declaration of trust by whatever name (I say this because there are those who use another name other than “declaration of trust” to identify their “declaration of trust.”) for several reasons some of which are explained in the article How a Church Can Organize to Remain a New Testament Church (Holding Property In Trust For God Is A Scriptural Principle Recognized by American Law. I say “a written declaration of trust by whatever name” because there are those who use another name other than “declaration of trust” to identify their “declaration of trust.”

To know whether a church is under Christ, one must first know Bible church doctrine. Just because a church established a trust relationship with money and/or property does not alone assure us that she church is a church under Christ. To know whether a church is a church of Christ, one must understand the doctrine of the church as explained in the Word of God.

Those who use Bible interpretations will not agree with us on the vital doctrine of what a church of Christ is, a doctrine which must be considered when drafting a God-honoring DOT. We can only honor our Lord by standing on His Word. God’s Words are pure words, every one of them:

  • Psalms 12:6  “The words of the LORD are pure words: as silver tried in a furnace of earth, purified seven times.”
  • Proverbs 30:5  “Every word of God is pure: he is a shield unto them that put their trust in him.”

God promised to preserve His words:

  • Psalms 12:7  “Thou shalt keep them, O LORD, thou shalt preserve them from this generation for ever.”
  • Matthew 24:35  “Heaven and earth shall pass away, but my words shall not pass away.”

One basic criteria for correct implementation and use of the documents is that the church must have a Word of God that is preserved by God. We use the Word of God in English for all  matters of faith and practice. Some churches and believers use an interpretation of the Word of God. We believe that the use of an interpretation of the Word of God, not a spirit inspired word by word translation, dishonors our Lord.

We take this position because we are not a profit making worldly enterprise, we are a ministry of the Lord Jesus Christ. Our purpose is eternal and spiritual, not earthly and temporal. We charge nothing for what we do. We simply ask for up to a $500.00 gift as the Lord provides. If a church agrees with us on essentials so that we can go forward with helping her, we do so even if no gift is possible. Any gifts go toward supporting the expenses of the ministry. To this point, we have used much of our own money to sustain the ministry and will continue to do so even if we never receive another gift. Our hope is in the Lord, not man. God’s people will act honorably and God will provide even if they do not, so we are not worried about financing.

Again, thank you for all you do for our Lord. I pray that we will be able to continue to work together on these matters and that the resources we offer will continue to help you as you seek to glorify Him.

For His Glory,
Brother Jerald Finney

The New Testament of Jesus Christ:  His Executor Named and Empowered

Jerald Finney
Copyright © October 2018

Hebrews 9:16-17: “For where a testament is, there must also of necessity be the death of the testator. For a testament is of force after men are dead: otherwise it is of no strength at all while the testator liveth.”

A testament is a will. For there to be a testament, there must be a testator. The testator establishes the testament and vouches that is true. A testament appoints an executor who is given the job of carrying out the terms of the testament. The executor is alive when the testator establishes his will. His job begins when the testator leaves this earthly realm.

Jesus Christ, God the Son, proclaimed what is called the New Testament (His will) while He was walking on the earth leading and teaching His assembly (church). He proclaimed that testament verbally as recorded in the Gospels, the first four books of the New Testament of Our Lord and Saviour Jesus Christ. Other books of His New Testament further define His will for His executor.

Christ named the executor of His will. He not only named his executor, He ordained, created, and established His executor. His executor was founded by and built upon the Rock which was Himself (Mt. 16.18; Mt. 21.42-44).

His executor:

  1. was a local visible assembly composed of His followers whose names were written in heaven (Lk. 10:20);
  2. practiced baptism (Jn. 4:1-2);
  3. had ordained preachers (Mk. 3.13-20);
  4. observed the Lord’s supper (Mt. 26:26-28);
  5. was given church discipline (Mt. 18:15-20);
  6. had the keys to the Kingdom (Mt. 16:19);
  7. was commissioned to continue with the promise of perpetuity (Mt. 28:18-20);
  8. worshipped, praised and blessed God (Lk. 24:52-53);
  9. at the King’s command waited at Jerusalem for the promise of the father (Ac. 1:4);
  10. to be baptized with the Holy Ghost (Ac. 1:5);
  11. received from Christ, the testator, the special empowerment—the baptism with the Holy Ghost (Ac. 2.1-4)—as promised (Ac. 1.5, 8);
  12. resulting in converts being added to their assembly (church) (Ac. 2.41);
  13. since He (God the Son upon whom the Holy Ghost descended and abode upon at His baptism (Mt. 3.16, Mk. 1.10, Lk. 3.22, Jn. 1.32))  would no longer be with His assembly, He baptized His assembly with the Holy Ghost; and, in His timing as reported in the book of Acts, indwelt all believers with the Holy Spirit;
  14. met for prayer (Ac. 1:14);
  15. had business meetings (Ac. 1:15-26).

Our Lord commissioned His assembly, his church, as His executor. When He left the earth and ascended unto heaven, He left His executor the job of executing His will:

  • Matthew 28:18-20: “And Jesus came and spake unto them, saying, All power is given unto me in heaven and in earth. Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost:  Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you alway, even unto the end of the world. Amen” (Jesus speaking to the eleven after His resurrection).
  • Mark 16:15-16:  “And he said unto them, Go ye into all the world, and preach the gospel to every creature. He that believeth and is baptized shall be saved; but he that believeth not shall be damned” (Jesus speaking to the eleven after his resurrection).
  • Luke 24:46-47: “And said unto them, Thus it is written, and thus it behoved Christ to suffer, and to rise from the dead the third day: And that repentance and remission of sins should be preached in his name among all nations, beginning at Jerusalem.”
  • Acts 1:8 “But ye shall receive power, after that the Holy Ghost is come upon you: and ye shall be witnesses unto me both in Jerusalem, and in all Judaea, and in Samaria, and unto the uttermost part of the earth.” (Jesus speaking to His assembly, the apostles, the women, Mary the mother of Jesus, his brethren, the disciples; see Acts 1:14-15).

His executor, His local assembly (church), is the only visible manifestation of the Kingdom of God until His return. At this time, each such assembly is the depository of His Kingdom. Each is to serve as God’s spiritual embassy in the earthly nation in which it exists. Each is to represent God’s interests, and to carry out His laws and ordinances. The flag of each is that of the power which sent it out, not the flag of the nation it is in. Each local assembly (embassy) is to submit to the One who sent it. Citizens of the sending nation who are not ambassadors (not part of the embassy) do not have the authority to operate in that embassy.

Click here to go to Short Answers to Some Important Questions


If you disagree with me, please inductively explain why. In other words, do a word by word study of the Bible on this matter, going from the specific words to the conclusion. Please do not start with a conclusion and then cherry pick verses out of context to try to support your position.