wfn.org | Polity panel urged to strike enforcement rule

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

Note #7721 from PCUSA NEWS to PRESBYNEWS:

26-May-03
GA03031

Polity panel urged to strike enforcement rule

Overture says provision is in conflict with PC(USA) constitution

by Alexa Smith

DENVER, May 26  The General Assembly Committee on Church Polity (CCP) voted
46-10 to recommend that the Assembly eliminate a provision in its standing
rules on the enforcement of judicial commission orders, because it seems
inconsistent with language in the PC(USA) constitution.

	That was one of two items on the committees agenda having to do with
clarifying the Assemblys role in cases in which Presbyterian individuals or
congregations defy constitutional provisions.

	The Advisory Committee on the Constitution (ACC) recommended the
change to address  what the committee on the Office of the General Assembly
(COGA) called possible conflict between GA Standing Rule G.2.g. and the
Rules of Discipline that assure compliance with Permanent Judicial Commission
(PJC) orders.

	The ACC said the language was problematic.

	 The second item, Overture 03-8, from Redstone Presbytery, asks the
Assembly to help synods help presbyteries deal with churches that are
unwilling or unable to comply with a constitutional clause (G-60106.b)
that bars the ordination of sexually active gays and lesbians.

	Catherine Cunningham, a spokeswoman for the Committee on the Office
of the General Assembly (COGA) told the polity committee, The standing rules
must be in conformity with the constitution, which supercedes it in all
matters.

	The standing rule came into question during last years 214th General
Assembly, when some in the denomination accused a church in Northern New
England Presbytery of failing to comply with a decision of the General
Assembly PJC, the denominations top judicial body. They also wanted to force
Stated Clerk Clifton Kirkpatrick to intervene  an idea the Assembly
rejected, saying that it would deny the congregation its due-process rights
of presenting witnesses in its defense and responding to its accusers.

	The rule in question reads: If the General Assembly deems such
compliance inadequate, the Assembly may make such further order or orders as
it deems necessary to ensure compliance, and may consult with the General
Assembly Permanent Judicial Commission before issuing further orders.

	The Rev. Mark Tammen, OGAs director of constitutional services,
argued that, while the Assembly ruled on PJC decisions in the precursor
denominations of the PC(USA), the current rules of discipline hold that the
PJC has the final word in judicial matters.

	The dilemma, he said, is that the PJC  has no enforcement powers of
its own, and the Assembly has only limited powers. The Assembly can require
an administrative review of a synod or appoint an administrative commission.

	The Redstone overture was drafted to remind synods of their
responsibilities, said the Rev. James Tony, of Chicago Presbytery, an
advocate of action to bring recalcitrant churches into line.  Theres no
question that Standing Rule G.2.g. is inadequate, he said.

	Kirkpatrick has been besieged in the past year by demands from
conservative groups that he intervene to enforce the constitution in
presbyteries where sexually active gays and lesbians are alleged to have been
ordained.  Neal Lloyd, a member of the Advisory Committee on the
Constitution, said the clerks only role is secretarial  to report
compliance, or its lack, to the Assembly, on the basis of a report presented
to the clerks office by the governing body involved.

	One member of the polity committee, Elder Larry Hriczak, of Monmouth
Presbytery in New Jersey, suggested that the committee might consider leaving
the standing rule in the book but amending it to provide for due process, so
that the Assembly might retain some authority.

	In the past, we had authority, he said. We used to be the court.

		

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