wfn.org | [PCUSANEWS] Defiance not a constitutional right, clerk says

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Note #7399 from PCUSA NEWS to PRESBYNEWS:

Defiance not a constitutional right, clerk says
August 22, 2002
02316

Defiance not a constitutional right, clerk says

Kirkpatrick says presbyteries, synods must enforce the rules

by Alexa Smith

LOUISVILLE - The stated clerk of the Presbyterian Church (USA) has pointed out in letters to synod and presbytery stated clerks that the denomination's constitution "provides no right of defiance."
         The Rev. Clifton Kirkpatrick sent his letters on Aug. 21, just weeks after two PC(USA) churches and two pastors said in open letters that they will not abide by a constitutional provision forbidding ordinations and marriages of gays and lesbians.
Kirkpatrick advised stated clerks of synods and presbyteries that the constitution does provide "the right of dissension."
He noted that the recent 214th General Assembly approved two overtures affirming that presbyteries and synods are charged with enforcing the constitution when non-compliance is an issue, and are obliged to work pastorally with defiant congregations.
Kirkpatrick told presbytery clerks that the denomination's Rules of Discipline must be taken "seriously," and said synods must initiate administrative reviews of cases involving "irregularity or delinquency" at the presbytery level.
	He described the political climate in the church as "challenging," and said presbytery stated clerks are in an "especially difficult position." He asked synod clerks to "be generous" with personal and professional assistance, and noted that the staff of the Office of the General Assembly is available to help presbyteries discharge their responsibilities.
	The first of the open letters was issued on July 25 by the Rev. Stephen Van Kuiken of Mt. Auburn Presbyterian Church in Cincinnati, who wrote that he supports his congregation's decision to ordain and to marry gays and lesbians, has officiated at such ceremonies and intends to do so in the future.
	The Mt. Auburn congregation has a long history of advocating the full inclusion of gays and lesbians in the life of the church.
	Van Kuiken wrote that while the PC(USA) historically has interpreted scripture broadly on issues such as evolution, divorce and women's roles, it has "locked into a narrow and literalistic interpretation regarding sexual orientation."
          "The pervasive fear which results from this view  is tearing down the body of Christ," he wrote. "So following our precious legacy of religious liberty, with care and concern for gay and lesbian members and their families, and out of devotion to God that I experience in Jesus, I must simply echo the words of Martin Luther: 'Here I stand; I can do no other.'"
	A Cincinnati Presbytery committee is investigating charges that Van Kuiken and Mt. Auburn's former pastor, the Rev. Hal Porter, have performed same-sex marriages and ordained gay deacons and elders, thus failing to uphold their ordination vows.
	Officials of two churches in the Presbytery of Hudson River subsequently issued similar statements, affirming Van Kuiken's stance and announcing their dissent from the controversial provision - G-6.0106b - of the PC(USA) Book of Order, which requires of church officers "fidelity within the covenant of marriage between a man and a woman or chastity in singleness." They are South Presbyterian Church in Dobbs Ferry, NY, a party to an earlier judicial case that ended in a decision that PC(USA) churches may perform "unions" of same-sex couples, but may not call them marriages, and Nauraushaun Presbyterian Church, in Pearl River, NY.
	The South Church letter was signed by the Rev. Joseph Gilmore, pastor; the Rev. Susan DeGeorge, associate pastor; and Dana Lichty, the clerk of session. It says the session will "continue to ordain the most qualified leaders for our congregation  who are committed to any lifestyle or relationship that is loving, tender and just." It says the congregation's leadership also will urge its nominating committee not to inquire into the "private sexual lives" of candidates.
	According to the Aug. 6 letter, South Church began ordaining gays and lesbians in 1992 and has conducted same-sex unions since 1991. Congregational leaders said they intend to continue those practices.
          The Nauraushaun Church's session and its pastor, the Rev. Jean A.F. Holmes, wrote in an open letter dated Aug. 11 that their congregation supports "faithful persons and churches who dissent against G-6.0106b." 
         "We have already announced our prayerful refusal to abide with this ungracious statement inserted into an otherwise faithful book," they wrote.
	The letter expresses concern for Van Kuiken; the Rev. Don Stroud, an openly gay pastor in Baltimore Presbytery who has announced his intention not to comply; and the pastors and session of the Dobbs Ferry church.
	"They do not stand alone," wrote the officials of the Nauraushaun church. "We stand with them. We believe the actions of Paul Jensen and others bringing charges within our denomination  must be challenged and stopped."
	Jenson is a Washington, DC-area attorney who has filed judicial cases against Stroud, Van Kuiken and 14 other Presbyterians. 
	An investigating committee named to look into charges that Stroud violated his ordination vows dismissed the case against him. Jensen is appealing that decision.
	Kirkpatrick, acknowledging the expressions of unwillingness to comply, told the presbytery clerks that presbyteries have "the authority and responsibility to work pastorally with their churches and pastors" to maintain the covenant sealed by the PC(USA) constitution.
	Conceding that some constitutional provisions are "difficult" for some in the church, he said the constitution "protects the right of dissension, but provides no right of defiance." 
	In his letter to the synod clerks, Kirkpatrick said Presbyterian polity provides that presbyteries are to have the full support of synods. "It is your synod that provides the judicial review," he wrote. "It is your synod that has the authority and responsibility to undertake administrative review when the synod learns of an 'irregularity' or 'delinquency' on the part of one of your presbyteries. In a separate letter, I strongly urge all presbyteries to take seriously the requirements of the Rules of Discipline.
	"The process must be honored if the integrity of the judicial system is to be maintained," he concluded.
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