wfn.org | Judicial Council rules on declaration of homosexuality

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Oct. 29, 2001        News media contact: Joretta Purdue7(202) 546-87227
Washington     10-21-28-71B{495}

NOTE: This report is accompanied by a sidebar, UMNS story #496.

By Joretta Purdue*

NASHVILLE, Tenn. (UMNS) - The United Methodist Church's supreme court has
ruled that the denomination's book of laws does not contradict itself
regarding the appointment of openly gay and lesbian clergy to congregations.

The United Methodist Judicial Council, meeting Oct. 24-26, affirmed that the
denomination's Book of Discipline forbids the appointment of "self-avowed
practicing homosexuals" as pastors of local churches. The nine-member court
went on to say that declaring involvement in a same-gender relationship
would be enough to subject a pastor to a review of his or her standing as a
minister.

The case was one of 12 heard at the semi-annual session of the Judicial
Council. Three of the docket items decided by the nine-member council
related in some way to the church's policies on homosexuality.

The Pacific Northwest Annual (regional) Conference had asked the council to
make a declaratory decision on what its members saw as an apparent conflict
between two rules found in the church's Book of Discipline. One states that
"a self-avowed practicing homosexual" may not be accepted as a candidate for
the ordained ministry, become a clergyperson or, if already a pastor, be
appointed to serve a congregation. The other rule guarantees ministerial
appointments to all clergy in good standing.

A clergywoman in the conference had written a letter last February to Bishop
Elias Galvan of Seattle, declaring that she was "living in a partnered,
covenanted homosexual relationship with another woman." The conference asked
whether that statement was sufficient to make her ineligible for an
appointment. 

The clergywoman, the Rev. Karen Dammann, did not receive an appointment from
the bishop last summer. A second clergy person, the Rev. Mark Edward
Williams of Seattle, also did not receive an appointment after announcing at
Pacific Northwest Conference's gathering last June that he was a practicing
gay man. Instead, he was placed in a staff position at his church, and his
district superintendent was named acting pastor pending the Judicial
Council's decision. Neither Dammann nor Williams were mentioned by name in
the council's Oct. 26 decision.

The Judicial Council ruled that the clergywoman's statement is a sufficient
declaration to subject "her ministerial office," or status as a minister, to
review. "If, in the course of such review, such person affirms that she is
engaged in genital sexual activity with a person of the same gender, she
would have openly acknowledged ... that she is a self-avowed practicing
homosexual," the council said in its decision.
 
"However, the prohibition of appointment ... must be exercised in compliance
with the rights of all persons who are in full membership," the decision
continued. The council said that the bishop may not take unilateral action
to deny her a church appointment. 

Only the annual conference can determine a change in a clergyperson's
status, the council said. "The annual conference must be informed of the
declaration, and the annual conference and/or the resident bishop or
district superintendent must initiate proceeding to subject her membership
in her ministerial office to review."

The decision briefly sketches the steps meant to provide "fair and due
process," as specified in the Book of Discipline. On recommendation of the
executive committee of the conference board of ordained ministry, a bishop
places the person on suspension while the process moves forward. Suspension
relieves the person from clergy duties but does not remove him or her from
an appointment if the person is already serving a church. 

"At all times, the [church] constitutional right of the clergy person to
trial by a committee and an appeal shall be preserved ... and fair and due
process shall be observed," the council stated.

"If at the end of the process, the conference relation of the clergyperson
is not changed, then the clergy person remains in good standing and, if an
elder in full connection, shall be continued under appointment by the
bishop," the council said. 

Four council members signed a supplementary opinion: the Rev. Larry Pickens,
Sally Curtis AsKew, Rodolfo C. Beltran and Sally Brown Geis. They agreed
with main points of the decision but added that "in essence the United
Methodist Church has a 'don't ask, don't tell' policy with respect to gay
and lesbian clergy. This reality is heightened when fair process provisions
are overlooked or violated." 

Before deliberating and deciding the case, the council heard oral arguments
during an open hearing Oct. 25. Williams spoke on the issue, describing how
much his ministry meant to him and asking that the council observe fair
process. Two others also addressed the court: Susan Griffin, an attorney
representing Dammann, and Jon Olson, a member of Williams' congregation in
Seattle.

In another case from the Pacific Northwest, the council reviewed a decision
of law made by Bishop Galvan at the conference's annual June meeting. The
bishop had been asked to rule on whether it would be appropriate to spend
conference funds for a special called session of the Western Jurisdictional
Conference. The Pacific Northwest is one of the annual conferences that make
up the United Methodist Church's Western Jurisdiction. The five U.S.
jurisdictions meet regularly once every four years, and their next
gatherings will be in 2004.

The council agreed with Galvan that the request regarding the expenditure of
funds was moot and hypothetical because no special session has been called.
Only the jurisdiction's College of Bishops has the power to call a special
session, and the college has not done so, the council noted. United
Methodists in the Western Jurisdiction have discussed holding a called
session to discuss the "We Will Not Be Silent" declaration, which the
jurisdiction passed in 2000 in support of diversity and the full inclusion
of sexual minorities in the life of the church.

The council also affirmed a decision of law by Bishop William W. Dew Jr. of
Phoenix regarding the "We Will Not Be Silent" statement. At last summer's
gathering of the Desert Southwest Annual Conference, Dew ruled that a
resolution supporting "We Will Not Be Silent" did not violate the Book of
Discipline.

# # #

*Purdue is news director of United Methodist News Service's Washington
office.

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United Methodist News Service
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