wfn.org | Church law must be upheld without politicizing judicial process,

[PCUSA NEWS <PCUSA.NEWS@ecunet.org>]

Note #6993 from PCUSA NEWS to PRESBYNEWS:

Kirkpatrick says
04-January-2002
02004

Church law must be upheld without politicizing judicial process, Kirkpatrick
says

Letter to synod, presbytery clerks discusses constitutional concerns

by Jerry L. Van Marter

LOUISVILLE - The Rev. Clifton Kirkpatrick, stated clerk of the General
Assembly, has written a letter to the stated clerks of the Presbyterian
Church (USA)'s 173 presbyteries and 16 synods to share his concerns about
"some in the church" who "seem to be less than vigilant in upholding the
provisions of our constitution."

During a January 4 interview with the Presbyterian News Service, Kirkpatrick
said he wrote the letter to address three main concerns:

* "Unless and until G-6.0106b (the "fidelity and chastity" provision for
church officers) is changed, it is the law of the church and should be
upheld."

* "I ... believe it is inappropriate for officers of the church to be
advocating withdrawal from the denomination or withholding of funds from
it."

* "We just cannot allow the judicial process of the church to be
politicized."

Judicial battles, particularly those surrounding the ordination by Redwoods
Presbytery of the Rev. Katie Morrison, an avowed lesbian, prompted a
delegation from the conservative Presbyterian Coalition to seek a meeting
with Kirkpatrick just before Christmas.

Kirkpatrick agreed to meet with the delegation privately but not with the
press present, as the Coalition delegation sought. Kirkpatrick told the
Presbyterian News Service that a public meeting to discuss specific issues
pending before courts of the church would undermine the integrity and
confidentiality of the judicial process.

The delegation canceled the meeting rather than meet privately with
Kirkpatrick. The Layman later accused Kirkpatrick of "backing out" of the
meeting.

The full text of Kirkpatrick's letter, dated Jan. 3:

Dear Colleagues:

Happy New Year! I pray that 2002 will be a year filled with the peace of
Christ throughout the Presbyterian Church (USA) and especially in your
governing body. I am grateful to be your friend and colleague in our common
ministry and wish you well in the year ahead.

In the final weeks of 2001 various Presbyterians have expressed a concern to
me as I know they have to many of you about the need for a fresh call to the
church to uphold our Constitution. The central calling of stated clerks is
to "preserve and defend the Constitution of the Presbyterian Church
(U.S.A.)," and I want to use this letter to encourage you and all
congregations and governing bodies as we seek to faithfully uphold our
Constitution in 2002.

The Constitution of the Presbyterian Church (USA) is one of the great
strengths of our denomination.
It lifts up our common faith in Jesus Christ as Lord and Savior and the
great truths of the gospel in our Book of Confessions. Our Book of Order,
also built on deep Reformed theological convictions, calls us to an ordered
life as a covenant community, to mutual accountability in the body of
Christ, and to the faithful worship of God.  While the Constitution is
indeed subject to amendment (and often is), it is also a great treasure that
shapes the faith and life of the whole church and should not be taken
lightly.

There appear to be three areas in which some in the Church seem to be less
than vigilant in upholding the provisions of our Constitution. The first is
in relation to G-6.0106b (the provision calling for all church officers "to
live either in fidelity within the covenant of marriage between a man and a
woman (W-4.9001), or chastity in singleness").  I am well aware that there
is considerable debate about the wisdom of this provision in our
Constitution in light of our historic Presbyterian polity and that an
amendment has been approved by the 213th General Assembly and is currently
before the presbyteries that could remove this provision. However, until
such time when this or a similar amendment is approved, G-6.0106b is the
"law of the church" and should be upheld. No session or presbytery has the
right to ordain anyone who is unwilling to live by the "fidelity and
chastity" standard, and I encourage you to faithfully uphold this provision
in your governing body.

Second, I am concerned about what appears to be a growing number of
ministers and elders who are encouraging congregations to withdraw (or
"graciously separate") from the Presbyterian Church (USA) and/or who are
advocating the withholding of duly authorized per capita assessments from
their governing bodies as a form of protest. Such actions are
unconstitutional, and I urge that they stop. It is a violation of our
ordination vows to promote schism or the defiance of constitutionally
sanctioned governing body directives.

Third, I am concerned about efforts to "politicize" the judicial process. I
support fully the provisions in our Rules for Discipline and have confidence
in the integrity and fairness of our judicial commissions. Recently, there
have been calls on my office to hold public discussions with interested
parties about judicial process and issues currently pending before judicial
commissions and for clerks to be not only the "clerk of the court" but also
the prosecutor": related to alleged offenses and irregularities. I know that
many of you face the same pressures.
Such approaches will undermine the confidentiality and the integrity of our
judicial process, and I will not accede to them, and I urge you not to as
well. The role of the Stated Clerk is to uphold the Constitution, offer
advisory opinions on its implementation, and to facilitate a fair process
for judicial cases and commissions.

The stated clerk of any governing body is one who facilitates the judicial
process while remaining absolutely non-partisan. A stated clerk is not meant
to be a prosecutor or an advocate; our Constitution assigns these tasks to
investigating committees and committees of counsel. It is true that clerks
occasionally respond to requests from governing bodies to file amicus curiae
(friend of the court) documents in cases being heard in the civil courts.
This is done to convey governing body actions that relate to cases outside
the church in the secular court system. This is an appropriate function
because the stated clerk of a Presbyterian governing body is not the clerk
of court in the secular system. Our judicial processes and our judicial
commissions are sound, and we as clerks should call for all parties to
pursue disciplinary and remedial cases in accord with the provisions of the
Rules for Discipline and not in the "court of public opinion."

We live in fragile times in the life of the Presbyterian Church (USA), and
it will take a special measure of grace for Presbyterians on all sides of
the current controversies among us to preserve the peace, unity and purity
of the church. One of the great resources to help us through "such a time as
this" is our Constitution. I am firmly committed to uphold our Constitution
and its provisions, as I know you are, and I would welcome your sharing this
letter with others in your governing body.

May God richly bless you and the important ministries in which you are
engaged.
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