wfn.org | Ban on unofficial identifying labels extends to local churches

[NewsDesk <NewsDesk@UMCOM.UMC.ORG>]

Nov. 2, 1999 News media contact: Joretta Purdue·(202)546-8722·Washington
10-21-28-71B{581}

NOTE: This story may be used alone or with UMNS #582. 

EVANSTON, Ill. (UMNS) - The ban on official United Methodist church bodies
labeling themselves as parts of unofficial movements and organizations
affects groups at the congregational level, the denomination's highest court
has ruled.

In a case brought by the Northwest Texas Annual Conference, the Judicial
Council extended to the local church or congregation the ban on church
organizations adopting identifying labels of unofficial bodies or movements.

"A local church or any of its organizational units may not identify or label
itself as an unofficial body or movement," the council's decision said.
"Such identification or labeling is divisive and makes the local church
subject to the possibility of being in conflict with the (Book of)
Discipline and doctrines of the United Methodist Church."

The council made this and 18 other decisions regarding church law when it
met Oct. 27-30.

The council members had first looked at the issue of church bodies joining
movements during their October 1998 session. At that time, the court
specifically named churchwide agencies and annual conferences as two of the
official groups that may not take on such labels as "Reconciling
Congregation" or "Transforming Congregation." In making this ruling, the
council reversed two of its earlier decisions allowing such identification
by first a general agency and later an annual conference. Several other
official bodies also adopted labels before the 1998 decision.
 
In recent years, some official bodies have adopted labels that reflect their
support for a particular unofficial movement in the church. For example,
Reconciling Congregations welcomes the full participation of all people in
the life of the church, regardless of sexual orientation. Transforming
Congregations believes the practice of homosexuality is a sin and that
individuals can be transformed or changed through the grace of Jesus Christ.

During its session last summer, the Northwest Texas Annual Conference had
passed a resolution giving its congregations 45 days to divest themselves of
any such labels. However, Bishop Alfred Norris, who presided over the
session, said the annual conference did not have the authority to adopt that
measure under the Book of Discipline. The council reversed his decision.

Six members of the council joined in a concurring opinion on the labeling
issue. Having agreed with the decision, they went on to say: "Our decision
does not mean that all bodies within the Church should not be encouraged to
engage in study, educational forums, conversation and prayer around
sensitive and controversial issues with the aim of finding healing and
reconciliation for the sake of the gospel." They also praised the church's
historic commitment to critical social issues, reconciliation and witness.

The Rev. John Corry of Nashville, Tenn., vice president of the Judicial
Council, presided at the meeting in the absence of President Tom Matheny of
Hammond, La. Matheny is ill, and this was the first session he had missed in
his 28 years on the council, according to other members.

In the only case that included oral hearings, the council ruled that the
church's open meetings law does not apply to the Council of Bishops and the
Judicial Council but does apply to all levels of the church, including
general (churchwide) agencies, annual conferences and local churches. (See
UMNS story #582.)

Many of the council's decisions were related to actions by U.S. annual
conferences, which held their annual meetings between May and July. 

During the Alabama-West Florida Annual Conference session, a member asked
Bishop William Morris to rule on whether the salaries of the six bishops who
are on the board of Emory University in Atlanta should have their salaries
stopped because the board had granted benefits to same-sex domestic
partners. The council agreed with the bishop that the question was moot,
hypothetical and improper. The annual conference has no jurisdiction over
Emory's board. Council member Susan Henry-Crowe, who is dean of the chapel
at Emory, recused herself and did not participate in the discussion and
decision-making.

Minnesota Annual Conference asked about the constitutionality of a paragraph
in the Discipline. The council struck down the passage, paragraph 2628.1(j),
because "it grants to a bishop and an annual conference of the church powers
and authorities which are reserved to other organizational bodies and
divisions in the constitution."

Minnesota's sexual harassment policy, adopted at the annual conference
session, passed muster with the Judicial Council, which found that the
policy was not in conflict with the Discipline.

The council rejected a structure plan submitted by the Louisiana Annual
Conference and sent the plan back to the conference for more work. The plan
had been revised by the conference during its annual meeting last summer,
after Judicial Council had rejected an earlier version of it.

Structure also was at issue in an item from the Western Pennsylvania Annual
Conference. During this year's annual session, a clergy member wanted to
know if the current conference structure meets specific requirements in the
Book of Discipline. Bishop George W. Bashore ruled that the question was
improper because it did not pertain to business or discussions of the 1999
session, and the Judicial Council agreed.

The California-Pacific Annual Conference sought a declaratory decision on
whether its use of a discernment model during decision-making at its 1999
session was legal. The conference used the discernment process as it worked
on petitions going to General Conference - the denomination's top
legislative body -- and in dealing with other business. 

The Judicial Council decided that the process was in conflict with the Book
of Discipline and contrary to a previous decision by the court. Part of the
problem was that the discernment process didn't allow a clear yes-or-no vote
on legislative proposals and made no provision for minority reports to be
presented on the floor. The council voided all conference legislative
proposals that were decided using the discernment model. 

The California-Pacific Conference also asked the council to decide on the
meaning and application of an amendment to the church's constitution that
was ratified in 1997. The Judicial Council ruled that the amendment requires
that people who vote in the election of clergy delegates to General and
jurisdictional conferences must be in full connection and already ordained.
A person already approved for ordination but whose ordination ceremony is to
be a few hours or days later may not vote.

Clergy and the definition of their duties were central to a request for a
declaratory decision from the South Carolina Annual Conference. Elders may
be appointed to extension ministries that include more "service" than "word,
sacrament and order," the council ruled. The decision also held that the
relevant parts of the Discipline, which do not apply to deacons, are not in
conflict with the church's constitution.

In the Wisconsin Annual Conference session, Bishop Sharon Zimmerman Rader
gave a decision of law in answer to a question on the legality of a
conference-wide property and casualty insurance plan. The council agreed
with her that it was legal for the conference to require participation.

The North Carolina Annual Conference asked for a decision on the
constitutionality of a disciplinary requirement that a local pastor be
appointed to a pastoral charge in order to become a member of the annual
conference. "Local pastors" are people who have been granted a ministerial
role - including the performance of the sacraments - in that charge, or
congregation, only. The council did not find a conflict between this
requirement and the church's constitution.

Judicial Council did not approve Kansas East Annual Conference's revised
policy on sexual misconduct. The court asked for further changes to bring
the policy into compliance with the church's constitution, the Discipline
and previous decisions of the council.

The council looked at Bishop Charlene P. Kammerer's response to a question
about whether the Western North Carolina Annual Conference is bound by rules
of order and procedure that purported to bind future sessions of the
conference. However, the council decided that it has no jurisdiction on that
item, after finding her ruling to be parliamentary rather than related to a
question of law.

Similarly, the council found that it does not have jurisdiction in a case
from the Northern Illinois Annual Conference. There, Bishop C. Joseph
Sprague ruled on the legality of a person's election as a General Conference
delegate when the person's suspension from ministry was to begin before the
event. The council ruled that the question was improperly submitted because
it was not given to the bishop in writing during the session. Since it was
not properly before the bishop, the decision was nullified.

Another case from the Northern Illinois Annual Conference challenged a newly
passed conference resolution on pastoral ministry with homosexual people.
The council affirmed Sprague's decision that there was no conflict between
the resolution and the Discipline's prohibition against celebrating services
of homosexual union.

The council also affirmed the decision of Bishop Mary Ann Swenson that a
Rocky Mountain Annual Conference resolution on inclusive ministry was not in
conflict with church law.

In another case from the same conference, the council agreed with Swenson
that a question about the conference board of stewards was moot and
hypothetical because it did not relate to the annual session's business.

The Judicial Council also agreed with Bishop Donald Ott's ruling during the
Michigan Annual Conference clergy session that questions regarding actions
in judicial or administrative processes are not proper questions for a
ruling of law during a conference session.

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