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07529 August 27, 2007
Jane Spahr acquittal on same-sex wedding charges is overturned
Synod court orders rebuke for lesbian activist minister
by Evan Silverstein Presbyterian News Service
LOUISVILLE - In a reversal of a lower church court ruling, the Rev. Jane Adams Spahr has been found guilty of violating the Presbyterian Church (U.S.A.)'s constitutional ban on same-sex marriage by performing weddings for two lesbian couples.
The Synod of the Pacific's Permanent Judicial Commission (PJC) ruled 6-2 last week that while the "lesbian evangelist" and longtime Presbyterian minister "acted with conscience and conviction," her actions were still at odds with the church's constitution.
The decision of the synod tribunal overturned last year's ruling by the Presbytery of the Redwoods' PJC, which determined Spahr acted within her rights and conscience as an ordained minister when she presided over the nuptials of the two lesbian couples in 2004 and 2005.
The PC(USA)'s Book of Order defines marriage as between a man and a woman, and church courts have ruled that Presbyterian ministers may not utilize the marriage liturgy in same-sex ceremonies.
"Regardless of the expression of conscience by the Rev. Dr. Spahr, she may not circumvent the standards of the church," according to the synod PJC ruling. "Although the Rev. Dr. Spahr had acted with conscience and conviction, her actions were contrary to the Constitution as it is authoritatively interpreted, [and] is therefore subject to censure."
The synod PJC directed the presbytery PJC to "enter a finding of guilt" against Spahr and to impose the censure of rebuke, the mildest form of punishment that could be brought. The most serious penalty could have been removal from the ministry.
The rebuke, which amounts to an official admonishment by the presbytery, does not affect the ordination of Spahr, but it could lead to further discipline if she continues to perform wedding ceremonies for same-sex couples
The synod PJC's decision against Spahr was made on Aug. 18, following a hearing the day before in Burlingame, CA. However, Spahr and others involved in the case did not receive word of the ruling until late Thursday (Aug. 23).
The two dissenting members of the synod PJC - Linda Lee and Susan Barnes - wrote in a minority report that: "Reverend Spahr's performance of same-sex marriages is not held by the Presbytery or the Presbytery Permanent Judicial Commission to be contrary to the fundamental tenants of the Reformed faith, therefore [we] believe the issue of freedom of conscience importantly distinguishes her actions from willful disobedience, and does not require censure."
Spahr and one of her lawyers, Sara Taylor of San Francisco, vowed to appeal the ruling to the General Assembly PJC, the highest court in the PC(USA). Taylor said the earliest the case could be heard is next spring.
Spahr, a 65-year-old grandmother who is set to retire from ministry at the end of this month, expressed disappointment in the latest ruling.
"I'm just deeply saddened, I'm deeply saddened because of the injustice," Spahr told the Presbyterian News Service on Aug. 24. "This kind of second-class treatment often perpetuates not only the myths and stereotypes but often gives people license to hurt us for violence and I'm so concerned about that."
Spahr, a resident of San Rafael, CA, said that she had presided over many holy unions, blessings, commitment services and other ceremonies to honor same-sex unions. She said homosexual couples had increasingly wanted the same ceremony as is used for heterosexual couples.
Despite the court's ruling, Spahr said that she would continue doing marriage ceremonies for same-sex couples.
"I am deeply saddened that our church has chosen not to recognize the loving relationships of members of its own family," Spahr said. "These couples and many like them have found a sacred trust in their love for each other. This reversal of the presbytery's decision promotes a belief that somehow this love is less than valid."
Taylor said she believes Spahr acted within her rights as an ordained minister in marrying the two couples because the section of the PC(USA)'s constitution specifying that marriage is between a man and a woman is a definition, not a directive.
"They did not examine the case thoroughly," said Taylor, referring to the synod PJC. "They did not look directly at the constitution, which does not bar same-sex marriages because the requirement that marriage is for a man and a woman is not an essential. It's a guideline but not an essential."
The attorney said she believes that some serving on the synod PJC were "substituting their own personal beliefs about the nature of homosexuality" in finding her client guilty and already had their minds made up about the verdict "before they came into the room."
"I do believe they're substituting their own personal beliefs about the nature of homosexuality instead of considering the constitutional issues raised by this case because Janie had a constitutional right to do this," Taylor told the Presbyterian News Service. "It [marriage between man and woman] is not an essential. She's not required to conform her practice and her faith because it's not an essential. They just didn't even deal with that issue."
Taylor went on to say that she believes the PC(USA) is "homophobic."
The Synod of the Pacific is based in Petaluma, CA, and oversees congregations in northern California, Nevada, southern Idaho and Oregon. It's judicial proceedings came after Redwoods Presbytery appealed the March 3, 2006 acquittal of Spahr by its PJC.
The latest church court ruling reflects the struggle within the presbytery around the issue of same-sex marriage, according to the Rev. Robert Conover, acting executive and stated clerk of Redwoods Presbytery, which is based in Napa, CA.
"It is true that a majority of our presbytery holds one perspective on this issue and a significant portion holds another," said Conover, when asked to comment on the ruling.
"We have worked very hard in our presbytery to live respectfully with one another even in the midst of real profound differences of opinion. I trust it is not only my hope but the hope of the presbytery that we will be able to continue to live in that respectful way with one another as we move through this process," he said.
The two lesbian couples that are the focus of the case supported the embattled minister when they heard about the recent ruling. The women are Barbara Jean Douglass and Connie Valois of Rochester, NY, and Sherril Figuera and Annie Senechal of Guerneville, CA.
"We are confident that it's only a matter of time before our church will come to honor our marriage and respect the deep love and commitment we have for one another," Senechal said.
Spahr was called in 1991 as co-pastor of Downtown United Presbyterian Church in Rochester, but the call was invalidated by the General Assembly Permanent Judicial Commission in November 1992.
Even without a call, the Rochester church invited her as a "lesbian evangelist" and established That All May Freely Serve (TAMFS) in 1993 to support her ministry, in partnership with Westminster Presbyterian Church in Tiburon, CA.
TAMFS works for the full inclusion of lesbian, gay, bisexual and transgendered Presbyterians in the life of the church, including their ordination as officers.
For 15 years now, Spahr has been traveling the country mustering support for the ordination of gay and lesbian Presbyterians, along the way building a network of regional groups to help in the effort.
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