wfn.org | Stated Clerks Letter on State of Hawaii

[PCUSA.NEWS@pcusa.org]

1-April-1997 
97151 
 
 
[Editor's note: The Office of the General Assembly has asked the 
Presbyterian News Service to distribute the following letters, which were 
mailed by Stated Clerk Clifton Kirkpatrick. -- Gary Luhr] 
 
 
 
Colleagues in Ministry  
Presbyterian Church (U.S.A.) 
 
Dear Friends: 
 
Greetings in the name of our Lord and Savior, Jesus Christ. 
 
The 208th General Assembly instructed me to take the following action: 
 
     "Affirming the Presbyterian church's historic definition of marriage 
      as a civil contract between a man and a woman, yet recognizing that 
      committed same-sex partners seek equal civil liberties in contractual 
      relationship with all the civil rights of married couples, we urge 
      the Office of the Stated Clerk to explore the feasibility of entering 
      friend-of-court briefs and supporting legislation in favor of 
      granting civil rights to same-sex partners." 
 
Responding to that action I have just sent the enclosed letter to 
legislators in the State of Hawaii.  This letter expresses support of 
legislation currently before them to clearly recognize marriage as being 
between one man and one woman and, at the same time, to grant certain civil 
rights to same-sex couples in long term committed relationships with one 
another.  Knowing that this is an issue of some sensitivity in the life of 
the Presbyterian Church (U.S.A.), and knowing that there is not unanimity 
either on the islands or across the Church, I want to share with you my 
reasons for taking this action. 
 
As your Stated Clerk I have sought to be faithful in carrying out the 
actions of the 208th General Assembly and to do so in a pastoral spirit 
that builds up the church.  I have been particularly careful to find the 
most appropriate arena to express the Assembly's convictions.  After 
consultation with the Advisory Committee on Litigation and with 
Presbyterians in Hawaii and elsewhere, I decided not to file an amicus 
(friend of court) brief in the "Baehr v. Lewin"  case before the Hawaii 
Supreme Court seeking a marriage license for a same-sex couple.  It is my 
judgement that the narrow legal issues as framed in "Baehr v. Lewin" did 
not afford the opportunity to address the totality of the General 
Assembly's witness on this subject. 
  
At the same time, in consultation with my colleagues I have been seeking 
appropriate venues to make clear the Assembly's long held witness for civil 
and human rights for homosexual persons and the 208th Assembly's specific 
concern to seek equal civil rights (as married couples) for same-sex 
partners.  Bills currently before the legislature in Hawaii (particularly 
House Bill 118) clearly reflect both the Assembly's conviction that 
marriage should be between a man and a woman and that same-sex-partners 
should be granted rights equivalent to those enjoyed by married couples. 
As a result, I have sent the letter attached to legislators in Hawaii.  I 
also believe that the action of the State of Hawaii on this matter will 
have an impact not only in that state, but also throughout our nation. 
 
Since 1978 our Assemblies have consistently expressed the conviction that 
human sexuality is to find expression in the covenant of marriage between a 
man and a woman and that full human and civil rights should be granted to 
homosexual persons, who are so often the victims of hatred and 
discrimination in our society.  Actions, such as those currently under 
consideration in Hawaii, are important steps to see that these commitments 
based on our Biblical faith find concrete expression in civil society. 
 
As those who follow Jesus Christ, who came to "bring good news to the poor 
 ... release to the captives and ... to proclaim the year of the Lord's 
favor"(Luke 4:18-19),  we must be diligent in seeking justice for all 
people.  I hope you will join me in working for full civil and human rights 
for all people and in praying for our church and for public officials as we 
seek to deal with difficult issues in ways that reflect the mind of Christ. 
Grace and peace be with you all! 
 
Cordially yours, 
 
Clifton Kirkpatrick 
 
                              # # # 
 
 
April 1, 1997 
 
Dear Senators and Representatives: 
 
I write on behalf of the 208th General Assembly of the Presbyterian Church 
(U.S.A.) in support of legislation currently under consideration in the 
Senate and House of Representatives of the State of Hawaii which would both 
recognize marriage as a civil contract between one man and one woman and, 
at the same time, extend rights and privileges equivalent to those granted 
to married couples, to those couples in  relationships not eligible for 
marriage. 
 
The General Assembly is the highest governing body of the Presbyterian 
Church (U.S.A.), which is composed of 11,361 congregations and 2,665,000 
members from all fifty states and the Commonwealth of Puerto Rico.  The 
Assembly, which meets annually, determines the denomination's witness to 
the world.  While General Assembly statements and policies do not claim to 
express the opinions or bind the consciences of individual Presbyterians, 
they do represent the best judgement of the church's highest deliberative 
body. 
 
The 208th General Assembly, which met in Albuquerque, New Mexico from June 
29 to July 6, 1996, instructed me as its senior continuing officer to take 
the following action: 
 
     "Affirming the Presbyterian church's historic definition of marriage 
      as a civil contract between a man and a woman, yet recognizing that 
      committed same-sex partners seek equal civil liberties in contractual 
      relationship with all the civil rights of married couples, we urge 
      the Office of the Stated Clerk to explore the feasibility of entering 
      friend-of-court briefs and supporting legislation in favor of 
      granting civil rights to same-sex partners." 
 
As a result, I have been following carefully the judicial and legislative 
process in Hawaii related to these matters.  I am grateful to see that 
there are currently bills before the legislature in Hawaii which both 
recognize marriage as being between a man and a woman and, at the same 
time, allow same-sex couples to be recognized as "reciprocal beneficiaries" 
with many of the rights and privileges currently available only to married 
couples.   It is the conviction of the Presbyterian Church (U.S.A.) that 
both married couples and other couples in long term relationships should 
have equal rights to hospital visitation, to making health care choices for 
one another, to pension benefits, to holding property together, and to 
inheritance of one another's estate.  These are rights which married 
couples take for granted in our society and which should be extended to 
same-sex couples in long term committed relationships.  At the same time, 
we fully support the amendment clarifying that marriage is between one man 
and one woman. 
 
Please know that Presbyterians throughout the United States appreciate your 
diligent efforts to affirm the sanctity of marriage and to insure justice 
for all people and that we hold you and your colleagues in our prayers. 
 
Cordially yours, 
 
 
Clifton Kirkpatrick 
 
CK:jg 

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