wfn.org | GA Judicial Panel to Wrestle With Same-Sex Issues

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Note #5897 from PCUSA NEWS to PRESBYNEWS:

16-May-2000
00197

	GA Judicial Panel to Wrestle With Same-Sex Issues

	3 cases may help establish proper roles of gay and lesbian Presbyterians

	by Alexa Smith

LOUISVILLE, Ky. -- Three judicial cases having to do with the roles gays and
lesbians may play in the Presbyterian Church (U.S.A.) will be appealed to
the General Assembly Permanent Judicial Commission (PJC) this week.

	The highest court of appeal in the denomination will hold hearings on May
18 at the Embassy Suites near the Baltimore-Washington International Airport
(BWI). At least two concern the application of G-6.0106b of "The Book of
Order,"a controversial constitutional amendment passed decisively in 1997
that governs the sexual behavior of church officer. The provision requires
of church officers chastity in singleness or fidelity in marriage, and
specifies that marriage is between a man and a woman.

	The third contests whether PC(USA) clergy may perform same-sex unions.

	All three cases are coming before the PJC on appeal from the Synod of the
Northeast.

	Here, briefly, are the cases:

	* An appeal by seven ministers and eight churches in Hudson River
Presbytery against a PJC ruling that the constitution does not explicitly
forbid same-sex unions, because such unions  are not marriages by current
definition in the "Book or Order." The complainants and their attorney,
Julius Poppinga, argue that the church cannot endorse relationships that are
 "contrary to established church law."

	* Northern New England Presbytery's appeal of a 1999 synod PJC decision
directing the presbytery to bring Christ Church in Burlington, Vt., -- a
congregation with an outreach ministry to the gay community -- into
compliance with amendment G-6.0106b. The church has refused to enforce the
amendment, arguing that the constitution is inconsistent and cannot be
interpreted properly if other sections of it are disregarded.

	* An appeal from the Presbytery of West Jersey of a synod PJC's decision to
permit the presbytery to receive an openly gay man as a candidate for
ordination. The presbytery maintains that the position of a candidate for
ministry is substantially different from that of an ordained officer, and
therefore the statute does not apply.

	"Each case has its own specific issue," said the Rev. Zane Buxton, manager
for judicial process in the Department of Constitutional Services of the
Office of the General Assembly (GA), who serves as staff to the  — --member
PJC.  "What we have before us at the moment is a GA PJC review of
decision[s] of a synod PJC. ... That's all we have before us at the moment."

	But the decisions, at least in the eyes of some of the denomination's
special-interest groups, are extremely important, because they will
determine how G-6.0106b -- and other issues tied to gays and lesbians --
will be applied in church life.

	Conservative groups in the PC(USA) lobbied hard to get the amendment
passed.  Since its passage, liberal groups have been lobbying just as hard
(but unsuccessfully) to get it removed.

	"We don't see this as a watershed moment," said Scott Anderson, a longtime
gay activist and co-chair of the denomination's More Light Presbyterians, a
network of gay-affirming churches. "Judicial commissions deal with very
specific sets of facts ... and it is hard to generalize. I know this sounds
like a broken record, but, this is one more bump the road in a long dialogue
about the role of gays and lesbians Presbyterians in the church."

	Presbyterians who oppose the ordination of gays and lesbians and also
oppose the allowance of same-sex unions by the PC(USA) see things somewhat
differently.

	Robert Howard of Wichita, Kan., chair of the Presbyterian Lay Committee,
says the cases are much more than a bump in the road. "These cases are all
inter-related ... asking the church for its blessing on lifestyle conduct
which the church has already spoken to and said is not acceptable for church
officers," Howard said.  "Same-sex unions are clearly inconsistent with the
‘Book of Order.'  The real question is: Are we going to be a constitutional
church and uphold the scriptures and confessions as our ultimate authority?
Or, are we going to parse words and find technicalities or legalistic
loopholes and permit (conduct that the church has disavowed)?"

     	                          Same-Sex Unions

	Hudson River Presbytery's attorney, Sharon Davison of New York City, is
arguing that a same-sex union reportedly performed in 1998 at the South
Presbyterian Church in Dobbs Ferry, N.Y., is not in violation of
denominational policy.

	Although three presbyteries have overtured the General Assembly this year
to explicitly ban same-sex unions, Davis points out that two General
Assemblies have voted down amendments to that effect, and the presbyteries
failed to ratify an amendment proposed by the 1994 General Assembly. Davis
told the Presbyterian News Service that the Advisory Committee on the
Constitution has ruled that same-sex unions are not the same as Christian
marriage – in that they are not between a man and a woman – which leaves the
decision to perform or not perform such ceremonies to sessions and ministers
as a matter of pastoral responsibility.

	"This is not a marriage," Davis said. "The presbytery is merely restating
the denomination's policy and ‘Book of Order' standards. ... And this is not
an Amendment B (now G-6.0106b) case. It has nothing to do with ordination or
installation, and no matter how hard the counsel for the complainants tries,
it will never be an Amendment B case.  Judicial process ... is not a
legislative process. You can't circumvent actions of the General Assembly by
running to the court."

	That interpretation agrees with the synod PJC's counsel that if such
services are to be prohibited it should be done through legislation, not
constitutional interpretation.

	Poppinga, who could not be reached for comment at press time, has argued in
the past that homosexual relationships are "contrary to established church
law." He has said the earlier ruling was contradictory. "While finding that
same-sex marriages and weddings are not authorized, it nevertheless ruled
that church services solemnizing same-sex ‘holy unions' are OK, even in the
face of evidence that one of the ministers who performed such ceremonies
admitted (that) he could not tell the difference."

     	                 A Question of Enforcement

	Northern New England Presbytery voted to appeal the synod PCJ's decision
requiring Christ Church in Burlington, Vt., to comply with G-6.0106b. When
the amendment was passed, the church told the presbytery that it would not
enforce the new amendment. The presbytery ordered the church to comply, but
later rescinded the order. The rescission provoked complaints from five
sessions and 18 individuals.

	The synod upheld the complaint and ordered the presbytery to "work
pastorally" with Christ Church, "bringing them into compliance with church
law as it exists." It also insisted that the presbytery must recognize
irregular actions by its churches and register its disapproval. Both
decisions are being appealed, although the presbytery has appointed a
committee to meet with several churches, including Christ Church, whose
members have concerns about G-6.0106b.

	However, attorney Peter Oddleifson argues that Christ Church cannot comply
"literally" with G-6.0106b without "undermining the integrity of its
ministry," especially because, in the congregation's view, the "Book of
Order" contains inconsistencies.

	"You have to look at the entire constitution," said Oddleifson, of
Rochester, N.Y., "not solely Amendment B. ... There is freedom of conscience
in matters that are non-essential. And it says we must be inclusive ... (so)
all members have the right to vote and hold office." He said some of the
constitutional language is contradictory of G-6.0106b.

	Poppinga, complainants' counsel in this case also, has warned that ignoring
parts of the denomination's constitution is dangerous. "When people within
an institution are no longer willing to voluntarily live by the
constitution, an institution cannot survive," he said repeatedly during a
gathering last fall of the Presbyterian Coalition, a conservative group that
has worked hard for the passage and retention of G-6.0106.

	Poppinga said the constitution leaves room for "a lot of tension," as long
as it is expressed within the framework of the government.  "But when we
come to the point that people cease to live by the constitution," he told
the Presbyterian News Service, "... we have a constitutional crisis."

	Northern New England Presbytery has overtured the General Assembly to
remove G-6.0106b from the constitution. The overture was drafted by Christ
Church.

       	           Candidacy Requirements Examined

      In a 7-2 decision, the synod PJC decided to permit West Jersey
Presbytery to accept Graham Van Keuren as a candidate for ministry, arguing
that G-6.0106b does not apply to someone who is merely a candidate for
church office. Van Keuren, who is gay, told the committee that he does not
intend to remain celibate.

	The Rev. John S. Sheldon, of Ocean City, N.J., and other members of the
presbytery filed charges. Sheldon did not return a telephone call, from the
Presbyterian News Service but he reportedly told the Philadelphia Inquirer:
"The evidence clearly showed that the candidate intended to disregard
existing church law. We believe the synod's decision to dismiss our case, if
allowed to stand, will weaken both the authority of our PC(USA) constitution
and the integrity of the preparation process for the Office of Ministry of
the Word and Sacrament."

	In its ruling , the PJC said the issues involved in the case are "more
appropriately raised in connection with final assessment of a candidate's
‘readiness for ministry,'" rather than earlier in the  process.

	The Rev. David Cassie, West Jersey Presbytery's executive, said the
presbytery is just trying to do its work in a "responsible and fair manner."

	"We have a candidate who met all the requirements for candidacy according
to the ‘Book of Order.' ...  He was advanced to that place with the
knowledge that he could not be ordained as a gay person. On the technical
side (the question is): Can the presbytery advance a gay person to
candidacy? Is there something in the ‘Book of Order' to prevent it?" he
asked.

	The lead attorney for the complainants, Gary Griffith of Ocean City, N.J.,
said the complainants believe there has been an error made in the
interpretation of the church's constitutional standards -- in that any one
intending to be a sexually active homosexual is in  violation of  the
constitutional standards for those seeking office in the church.

	Two other hearings scheduled before the PJC on May 18 do not relate to gay
or lesbian issues.

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