wfn.org | [PCUSANEWS] Capetz restoration case sent back to synod PJC

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www.pcusa.org/pcnews/2009/09169<http://www.pcusa.org/pcnews/2009/09169

Capetz restoration case sent back to synod PJC

Test case on 'scrupling' must be tried, GAPJC rules

>by Jerry L. Van Marter
>Presbyterian News Service

LOUISVILLE ― The Presbyterian Church (U.S.A.)'s highest
court has remanded back to a lower church court a case that
will decide whether a former minister who refuses to
promise that he will live in celibacy may be restored to
active ministry.

The case revolves around Paul Capetz, a former PC(USA)
minister and seminary professor who was ordained in 1991
but in 2000 set aside his ordination because of his
conscientious objection to G-6.0106b of the church's Book
of Order, which requires of church officers "fidelity in
marriage between a man and a woman or chastity in
singleness."

The 2006 General Assembly ― upon recommendation of its
Theological Task Force on Peace, Unity and Purity of the
Church ― adopted an "authoritative interpretation" of the
Constitution whereby those being ordained could declare a
"scruple" or conscientious objection to the PC(USA)'s
ordination standards. It was then up to the ordaining body
to determine whether any particular scruple does not
involve an "essential" of Reformed faith or polity.

Capetz, in August 2007, requested to be restored to
ordained ministry by Twin Cities Area Presbytery. He
declared a "scruple" to G-6.0106b, stating "I refuse to
take a vow of celibacy."

In January 2008, the presbytery passed three motions
recommended by its Committee on Ministry:

First, that Capetz' "declared departure from G-6.0106b be
found not to constitute a failure to adhere to the
essentials of Reformed faith and polity under G-6.0108 of
the Book of Order."

Second, that Capetz "be restored to the exercise of
ordained office of minister of Word and Sacrament."

Third, that the Presbytery validate Capetz's "ministry as
member of the faculty of United Theological Seminary."

Three members of the presbytery filed a remedial complaint
with the synod PJC, asking it to order the presbytery to
nullify all three actions. After a hearing in August 2008,
the synod PJC dismissed the complaint "for failure to state
a claim upon which relief can be granted." The complainants
appealed that decision to the GAPJC, which heard the appeal
on Feb. 27, 2009.

On March 2, the GAPJC ruled that the Synod of Lakes and
Prairies Permanent Judicial Commission "erred by not
conducting a trial to determine whether there are facts
that show: (a) Capetz stated a departure from G-6.0106b and
(b) if so, whether that departure was a failure to adhere
to the requirements of G-6.0108; and if the facts show that
(a) and (b) occurred, whether the Presbytery of Twin
Cities' action (to restore Capetz' ordination) was
irregular."

"By remanding the case back to the synod PJC, the General
Assembly's PJC didn't rule on the substance or merits of
the case," the Office of the General Assembly's manager for
judicial process  Laurie Griffith told the Presbyterian
News Service. "They in essence told the synod PJC that it
has the power and authority to conduct a trial on the
merits and therefore must do so."

There are a couple of wrinkles in the Capetz case. "This
case is not remanded for a determination in the abstract as
to whether any presbytery may decide that the "fidelity and
chastity" requirement can be waived for any candidate or
applicant for membership," the ruling stated. "Rather, the
synod PJC shall decide only on the basis of the facts of
what the presbytery did with respect to Capetz and whether
that particular action was irregular."

Further, "there is nothing in the record to show that
Capetz has taken any action that could be determined to be
an act in violation of G-6.0106b." Capetz declared a
"scruple" objecting to G-6.0106b, but told the presbytery
he is not currently in a sexual relationship.

And two procedural questions are also at stake: the process
for restoration to ordained office and ordination are not
the same; and the complainants filed a remedial case, which
applies to actions of governing bodies, while any action
against an individual, such as Capetz, must be dealt with
in a disciplinary case.

A test of how "scrupling" might apply to candidates for
ordination  could come as early as March 20 when the Synod
of the Pacific PJC hears the case of Lisa Larges, a
candidate under the care of San Francisco Presbytery. She
was granted a scruple to G-6.0106b in January 2008 and
approved as "ready for examination" by the presbytery. That
action has been appealed.

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