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06540
October 23, 2006
Heartland church inadequately examined ordination candidates, top church court rules
GA Permanent Judicial Commission reverses synod, presbytery courts
by Toya Richards Hill
LOUISVILLE - The highest court of the Presbyterian Church (U.S.A.) has reversed two lower-court rulings in favor of a Kansas City, MO, congregation that challenged a neighboring church in its ordination of a woman thought to be a lesbian as an elder.
The General Assembly Permanent Judicial Commission (GAPJC) overturned decisions by both the Permanent Judicial Commission of the Synod of Mid-America (SPJC) and the Permanent Judicial Commission of the Presbytery of Heartland (PPJC) in the case of Session of Colonial Presbyterian Church, Kansas City, Missouri v. Session of Grace Covenant Presbyterian Church [GCPC], Overland Park, Kansas.
"At this stage of the proceeding, this Commission is compelled to accept as true the allegation in the Complaint that the [Grace Covenant] session may have had cause for further inquiry based on its professed knowledge of the life and character of the elders-elect," the GAPJC said in its ruling release last week.
The case originated after the session of Colonial Presbyterian Church questioned whether the session of Grace Covenant Presbyterian Church violated the Book of Order when it ordained four elders in July 2004.
Colonial claims that Grace Covenant failed to conduct sufficient inquiry consistent with the standard set forth in Wier v. Session, Second Presbyterian Church of Ft. Lauderdale, FL., and specifically failed to inquire of each of the elders-elect as to whether he or she was living in compliance with G-6.0106b, which requires "fidelity within the covenant of marriage between a man and woman or chastity in singleness."
The Wier case states that "if the governing body has reasonable cause for inquiry based on its knowledge of the life and character of a candidate, it has a positive obligation to make due inquiry and uphold all of the standards of ordination and installation."
However, the governing body must have "direct and specific knowledge that such a person is in violation of the ordination and installation standards of the Constitution."
Colonial claims Grace Covenant not only knew its ordination of the particular elder-elect would violate the Book of Order, but that the session and the pastor communicated such to the congregation.
The respondent admitted that the election "would break the law" and contended "that the election was challenging the system," said Ryan Terril, an attorney and member of Colonial Presbyterian who represented the session before the GAPJC. "We trust that governing bodies will rightly follow the Book of Order."
Yet Grace Covenant contended it followed the correct process and had "no basis to inquire further" about the elder-elects' ability to serve beyond the main constitutional questions.
"In the end, Grace Covenant did follow the requirements of the Book of Order," Michael Hockley, the attorney representing Grace Covenant, said before the GAPJC. "The session of Grace Covenant conducted a proper examination."
The case ended up before the GAPJC in July after the synod's PJC in October 2005 upheld an earlier ruling by the presbytery's PJC, which dismissed the complaint for "failure to state a claim upon which a relief can be granted." The GAPJC waited to rule on the case until its October meeting.
Terril said Colonial knew "based on the issue" that the case would be decided at the GAPJC level.
"We knew that's where the ultimate decision was going to be made all along," he said following the ruling last week. "We think it was an appropriate ruling and we are happy to be able to go forward with the case."
In its order, the GAPJC "strongly urges and encourages the Presbytery Permanent Judicial Commission to explore alternatives to resolve this case between the parties, including allowing time for the Presbytery to consider using a special administrative review of the elder-elect examination process of Grace Covenant Presbyterian Church."
If the dispute can't be resolved through special administrative review or another alternative dispute resolution process, the complaint will go to trial on June 1.
Hockley declined to comment on the GAPJC ruling following the decision. "We have looked at it. We are evaluating our next steps," he said.
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