wfn.org | San Joaquin's appeal in Morrison case dismissed

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

Note #7392 from PCUSA NEWS to PRESBYNEWS:

20-August-2002
02308

San Joaquin's appeal in Morrison case dismissed

Redwoods appeal in lesbian ordination case to be heard Nov. 1

by Jerry L. Van Marter

LOUISVILLE - In a pivotal court case on ordination standards in the Presbyterian Church (USA), the General Assembly Permanent Judicial Commission (PJC) has dismissed an appeal by the Presbytery of San Joaquin seeking to overturn decisions made by the Synod of the Pacific's court.

The case arose from Redwoods Presbytery's decision last October to permit the ordination of the Rev. Katie Morrison, a lesbian. Members of the presbytery asked for remedial action from the PJC of the Synod of the Pacific alleging that the presbytery "committed an irregularity" and sought a stay of the ordination. The synod PJC refused to grant a stay and Morrison was ordained later that month.

In November, San Joaquin, another presbytery in the same synod, filed a separate complaint with the General Assembly PJC asserting that the synod PJC had "abused its discretion" by not issuing the stay and also charged synod stated clerk the Rev. Donald I. MacInnes with "improper conduct" when he polled absent synod PJC members about the stay.

Subsequently, San Joaquin rescinded its complaint against MacInnes - the senior synod stated clerk in the PC(USA) in years of service - though it inexplicably left it in its filing with the General Assembly PJC.

The Assembly's PJC ruled that though "San Joaquin clearly has an interestin holding the Synod accountable for the conduct of synod staff" the presbytery's decision to rescind the complaint against MacInnes means there is "no claim upon which relief can be granted."

The GA PJC also dismissed San Joaquin's complaint against the synod PJC because it was not a party to the original Redwoods members' complaint. "Our Rules of Discipline do not permit a person to seek remedial relief, as San Joaquin is attempting here, against a judicial commission based upon that commission's rulings in another case in which that person was not a party."

The PJC said that San Joaquin "could have moved to intervene" by joining the Redwoods members' complaint, but chose to file its own instead.

An appeal by several members of Redwoods Presbytery in the case is still pending before the General Assembly's PJC - it is tentatively scheduled to be heard Nov. 1. But San Joaquin's is gone.
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