wfn.org | Complainant Appeals Synod Commission's Decision

[PCUSA.NEWS@pcusa.org]

17-December-1997 
97479 
 
            Complainant Appeals Synod Commission's Decision 
                    on Ordination of Gay Elder 
 
                        by Jerry L. Van Marter 
                          and John Sniffen 
                      The Presbyterian Outlook 
                        (Used with permission) 
 
LOUISVILLE, Ky.--The Office of the General Assembly has received notice of 
formal appeal of the decision by the Permanent Judicial Commission (PJC) of 
the Synod of the Covenant in the case of a gay elder who was ordained and 
installed by Knox Presbyterian Church in Cincinnati. 
 
    Zane Buxton, manager of judicial process for the General Assembly, said 
the General Assembly's PJC "could possibly but probably will not be ready 
to hear the appeal at its mid-February meeting."  He said the transcript of 
the synod PJC's proceedings in the case is 750 pages long -- too much 
material for the Assembly PJC to review before February. 
 
    If the appeal is not heard in February, Buxton said, it will be heard 
when the Assembly PJC meets next, in August 1998.  He said the Assembly PJC 
"will probably" want to hear the Cincinnati case together with a similar 
case in Florida that is expected to be appealed as well.  Buxton said 
formal notice of appeal in the Florida case has not reached his office yet. 
 
    Following is the story by John Sniffen published in "The Presbyterian 
Outlook" about the synod PJC's decision. 
 
             Synod commission upholds ordination of elder 
              because man did not declare that he was gay 
 
    Because an elder candidate did not formally tell his session that he 
was gay, a synod court has ruled that his ordination is valid. 
 
    The Synod of the Covenant Permanent Judicial Commission on Oct. 24 
overturned a ruling by Cincinnati Presbytery's commission annulling the 
man's ordination by Knox Church, Cincinnati.  The synod court sustained 
eight of 10 points on which Knox Church challenged the presbytery 
commission's decision.  Among those: 
 
   *   The session upheld its obligations in accordance with the "Book of 
       Order" and the 1978 policy statement (definitive guidance) by making 
       a thorough study, giving prayerful thought, holding a special 
       meeting and consulting with others on proper procedure for the 
       examination of officers-elect. 
   *   The candidate in question did not declare his sexuality directly to 
       the session.  The synod commission said that "the intent of the 1978 
       policy statement is that a declaration must have been made directly 
       to the judicatory." 
   *   The session did not have sufficient evidence to establish that the 
       candidate had "self-affirmed" or "declared" that he was homosexual 
       or "unrepentant." 
   *   The church was entitled to use "reasonable discretion" in 
       determining how to examine its candidates for ordination. 
   *   There is no provision in the "Book of Order" to set aside an 
       ordination except through a disciplinary decision. 
 
    The person who filed the original complaint was another Knox Church 
member. 
 
    The case grew out of the nomination of candidates for elder in late 
1995.  Due to advance information that one of the candidates might be 
homosexual the session held extra meetings to discuss the issue of 
ordination of self-avowed homosexuals, and reviewed the 1978 policy 
statement and various cases which have arisen from the policy. 
 
    During the examination process, session members refrained from asking 
any of them "specific sexual-related questions." 
 
    Following this process, the session voted -- with two dissenting votes 
-- to approve, ordain and install all of the nominees.  They were ordained 
and installed on Jan. 7, 1996. 
 
    Another member of Knox Church then filed a complaint against the man's 
ordination and Cincinnati Presbytery's judicial commission took up the 
case.  On June 23, 1996, the presbytery commission voted 4-3 to declare his 
ordination "null and void," noting that the Knox Church session had not 
inquired about the man's "sexual orientation and practice." 
 
    The presbytery commission voted to stay the commission's decision 
pending an appeal to the synod commission.  The appeal process led to an 
Oct. 22 hearing in Findlay, Ohio. 
 
    The parties involved expressed different opinions of the synod 
commission decision.  The Rev.  J. Michael Mullin, pastor of Silverwood 
Church in Cincinnati, had voluntarily helped represent the complainant. 
"It seems that a lot of the case seemed to turn on what it means to make a 
disclosure," he told the "Cincinnati Enquirer."  "I would hope that people 
attempt to live by the rules of the denomination and the intent of those 
rules." 
 
    Interviewed later by "The Outlook," Mullin said he believed in the 
case, but would probably not be involved in an appeal to the General 
Assembly Permanent Judicial Commission (PJC). 
 
    "The synod [PJC]'s decision is unworkable . . . it removes the need to 
ask any questions of anybody," he said.  "There is no way a person could 
disclose apart from a formal process." 
 
    The Knox Church elder, whose name has been withheld because he fears 
harassment, told the "Enquirer" that he "did not seek this position or this 
fight, and [he has] tried hard not to let all of this get in the way of my 
work for the church.  The people of Knox Church have stood by me and I am 
very proud to be a member of Knox Church." 
 
    Knox Church pastor Tom York said the 1,300-member congregation has 
remained "remarkably unified," considering the turmoil of the ongoing 
litigation.  He said there has been no noticeable drop in stewardship and 
involvement in church activities remains high. 
 
    "We're ready to move on," said York, who became pastor of Knox Church 
only six weeks before the presbytery commission's decision. 
 
    He commended both the synod commission and the church's committee of 
counsel.  The synod body "had done their homework. The hearing was very 
thorough and they asked tough questions."  The three-member committee of 
counsel "handled the case well," said York, noting that the committee 
avoided being "contentious." 

------------
For more information contact Presbyterian News Service
  phone 502-569-5504             fax 502-569-8073  
  E-mail PCUSA.NEWS@pcusa.org   Web page: http://www.pcusa.org 
  mailed from World Faith News <wfn-news@wfn.org>  

--