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California Considers Bill to Make Spanking Children Illegal

Friday, January 19, 2007 by Eric Farr 13 Comments

According to this news article, the state of California is considering a bill to outlaw spanking (and all physical forms of punishment) for children up to 3 years of age.

Assemblywoman Sally Lieber, D-Mountain View, wants to outlaw spanking children up to 3 years old. If she succeeds, California would become the first state in the nation to explicitly ban parents from smacking their kids.

Making a swat on the behind a misdemeanor might seem a bit much for some — and the chances of the idea becoming law appear slim, at best — but Lieber begs to differ.

“I think it’s pretty hard to argue you need to beat a child 3 years old or younger,” Lieber said. “Is it OK to whip a 1-year-old or a 6-month-old or a newborn?”

The bill, which is still being drafted, will be written broadly, she added, prohibiting “any striking of a child, any corporal punishment, smacking, hitting, punching, any of that.” Lieber said it would be a misdemeanor, punishable by up to a year in jail or a fine up to $1,000, although a legal expert advising her on the proposal said first-time offenders would probably only have to attend parenting classes.

If this law passed and you lived in California, what would you do? Does the biblical support for corporal disciplining of children rise to the level of breaking the law to do it?

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Filed Under: News

About Eric Farr

Eric is privileged to be an elder at Grace Fellowship, a husband to an amazing woman (Donna), and daddy to two cool kids (Austin and Savannah). If he had free free time, Eric would probably go fishing, boating, or shoot some amateur photography.

Comments

  1. Pat Dirrim says

    Sunday, January 21, 2007 at 9:12 pm

    Aside from the well known axioms found in Proverbs, I am not aware of any verses that actually command corporal punishment. The Bible makes clear the benefits of corporal punishment and I agree; however, I don’t think those references call us to civil disobedience. While I would disagree strongly with this law, I would obey it (much like how I feel with many other laws of this land)!!!!

    PS-I like how Assemblywoman Sally Lieber equates those of us who carry out corporal punishment with those who beat their children. Nice!

    Reply
  2. David Hartin says

    Monday, January 22, 2007 at 4:13 pm

    I agree with Pat. While I would strongly argue against this legislation and pray that it would be overturned, I would adhere to it.

    If I lived in California and this passed, it might prompt me to move!!!!

    Reply
  3. Jason Driggers says

    Tuesday, January 23, 2007 at 10:18 am

    I am curious as to what makes you guys feel that a proverb is not a “command?” What principle are you following that helps you make such distinctions? Is it simply a “recommendation” from the Lord (which is inspired and therefore absolute truth). When do I know if I am reading an “axiom” and when I am reading a “command?” It seems that if I follow your principle to its logical conclusion, then I should be able to throw out a great portion of the Old Testament (Wisdom Literature) as not binding on my conscience.

    That being said, I agree that “spare the rod” does not equate with our modern definition of spanking, per se, but our modern definition of spanking could be a logical and reasonalbe applicaton of that verse.

    As a parent, it facinates me how the modern evangelical culture has adopted a popular definition of discipline and neglected to ask what the Bible actually says about it.

    To me the debate is this: What does the Bible say about discipline? Given that definition, does this new law contradict that? If not, it must be obeyed (Rom. 13). If so, then it must be rejected.

    Reply
  4. David Hartin says

    Tuesday, January 23, 2007 at 5:52 pm

    Jason,

    You bring out an excellent point. Thank you for making me think about this in more depth.

    I completely agree that spanking is a logical and reasonable application of Proverbs 13:24. However, I am not certain that discipline there is limited to only spanking. The debate is whether both Proverbs 13:24 and Romans 13 can be obeyed at the same time. My conclusion is that, while not optimal, both could be. You have definitely encouraged me to challenge that idea and research discipline in greater depth though.

    This does lead to another great question. When is a Christian justified in breaking the law / Romans 13? An obvious example would be during early church persecution where the government demanded that believers deny Christ. That is, of course, a justified reason. Maybe this is a GraceTalk question….

    Reply
  5. Pat Dirrim says

    Tuesday, January 23, 2007 at 8:07 pm

    Jason-

    Pro 13:24 Whoever spares the rod hates his son, but he who loves him is diligent to discipline him.

    I don’t see in this verse where I am commanded to spank my child. It is implied, but what is more clearly stated is that he who doesn’t discipline his child hates him. Discipline may take many forms, one of which may be corporal punishment. However, if the government forbade me from doing that, while strongly disagreeing, I would comply. Nonetheless, I would still discipline my child in other ways; thereby complying with the Scripture.

    Perhaps you can help me grasp some of the nuances in the wisdom literature. I don’t mean to say that one has the ability to just pick what one wants to beleive. That is not correct. But, clearly, the wisdom literature is different from the other forms. For example, Pro 23:14 says, “If you strike him with the rod, you will save his soul from Sheol.” Does that mean if you carry out corporal punishment he will be saved? I would think most would say no. So, there must be some nuance associated with this type of literature. That was what I meant in the first sentence of my original post.

    Reply
  6. Jason Driggers says

    Wednesday, January 24, 2007 at 10:50 am

    I agree with both of you from the outset that Proverbs 13:24 does not necessarily command us to spank our children. I stated that already. My post was not meant as a defense of the need for spanking. Yet I also do not disagree with anyone who would make that application because it seems to be implied by the verse.

    Pat-

    It seems from your post that we are in agreement on how Wisdom Literature should be interpreted. I agree that it is different in the sense that poetic language should not be interpreted in a woodenly literalistic way. It seems to me that you are saying that we should obey the principle. I agree whole heartedly.

    The question seems to be: “Does the principle of discipline, which is clearly commanded in scripture, necessarily include corporal punishment?” (I am simply restating the question I posed in my previous post) If it does, then we as Christians would have to break the law in California because we must obey scripture.

    David-

    Because of the question raised immediately above, I am not sure that the California law and Prov. 13 are compatible. Further study is needed. I do know that the state law cannot supercede the law of God. When the state contradicts God’s law, we must disobey.

    Reply
  7. Bulldawgy says

    Wednesday, January 24, 2007 at 11:22 pm

    Come on, P. Diddy!! You do believe in the authority of Scripture, don’t you???!!!

    Reply
  8. Pat Dirrim says

    Saturday, January 27, 2007 at 5:46 am

    Bulldawgy-

    I trust that you aren’t implying that interpereting and understanding Scriptures based upon their literary style implies that one picks and chooses what one believes, right?!?

    Reply
  9. Eric Farr says

    Saturday, January 27, 2007 at 9:54 am

    Yeah, one could argue that only Pat and David are properly recognizing the authority of Romans 13.

    Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. 2 Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. 3 For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4 for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. 5 Therefore one must be in subjection, not only to avoid God’s wrath but also for the sake of conscience. 6 For the same reason you also pay taxes, for the authorities are ministers of God, attending to this very thing. 7 Pay to all what is owed to them: taxes to whom taxes are owed, revenue to whom revenue is owed, respect to whom respect is owed, honor to whom honor is owed.

    I haven’t quite decided where I come down on this.

    Reply
  10. Pat Dirrim says

    Saturday, January 27, 2007 at 12:37 pm

    I still don’t see where anyone has shown that corporal punishment is a command. Thus, I don’t see how Romans 13 bears on this situation. Anyone……??????????

    Reply
  11. Eric Farr says

    Saturday, January 27, 2007 at 12:54 pm

    Pat, I agree that no one has yet shown that corporal punishment is a command. But, doesn’t Romans 13 support your position (that if such a law were passed we would be obligated to obey it, even if we think it’s stupid)?

    Reply
  12. Jason Driggers says

    Saturday, January 27, 2007 at 1:38 pm

    I don’t think anyone will show that corporal punishment is a command because it is not. As far as Romans 13 goes, in this case, we must obey it. But, hypothetically, if corporal punishment was commanded, then we would have to disobey the law and this would not be inconsistent with Romans 13. Romans 13 does not teach us to sin against the law of God in favor of obeying government.

    Reply
  13. Pat Dirrim says

    Saturday, January 27, 2007 at 5:53 pm

    Absolutely!

    Reply

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