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Church court reinstates pastor who denied membership to gay man

Oct. 31, 2005

NOTE: Photographs, a logo and a sidebar report, UMNS story #612, are
available at http://umns.umc.org.

By Neill Caldwell*

HOUSTON (UMNS) - United Methodist ministers do have the power to decide
who becomes a member of the local church, the denomination's top court
has ruled, supporting a pastor who blocked an openly gay man from
joining the congregation.

The United Methodist Judicial Council, holding its regular fall meeting
Oct. 26-29, issued two decisions related to the case of Rev. Ed Johnson,
who was serving as senior pastor at South Hill (Va.) United Methodist
Church until he was placed on involuntary leave of absence in June.

In Decision 1031, the council dealt with the due process problems in how
Johnson was disciplined. Decision 1032 was the more sweeping ruling,
saying that the church's Book of Discipline "invests discretion in the
pastor-in-charge to make determination of a person's readiness to affirm
the vows of membership."

The result of both decisions is that Johnson is to be immediately
reinstated to the status he held before being placed on involuntary
leave of absence, with all salary and benefits retroactive to July 1,
and is entitled to receive an appointment.

The council deliberated over several cases related to homosexuality,
including the case of the Rev. Irene Elizabeth "Beth" Stroud (see
related story), whose credentials for ordained ministry were again
withdrawn as the Judicial Council overturned an appellate court's
decision that had reinstated her.

The denomination's top clergy leaders, holding their weeklong fall
meeting in Lake Junaluska, N.C., spent more than an hour in executive
session Oct. 31 reflecting on the Judicial Council's decisions.

"Because there were so many decisions, (the bishops) felt it important
to look at them and reflect on them," said Stephen Drachler,
spokesperson for the Council of Bishops. "They expect to be issuing a
more comprehensive response during this meeting."

In particular, the bishops discussed the ruling involving the Virginia
church. "One thing is clear," Drachler said on behalf of the bishops.
"The Constitution and Social Principles of the United Methodist Church
have not changed. Our Book of Discipline has not changed. All persons
are of sacred worth. Our communion table is open to all persons who
profess their belief in Jesus Christ and are seeking forgiveness for
their sins. God's love is unconditional."

The Virginia case involved an openly gay man who was participating in
the South Hill church in a variety of ways, including singing in the
choir. The man wanted to transfer his membership from another
denomination, and Johnson began a series of meetings with him. The man's
sexual orientation was a significant part of the discussions. Johnson
refused to receive the man into membership because he said the man would
neither repent nor seek to live a different lifestyle.

The church's associate pastor, who disagreed with Johnson, contacted the
district superintendent, and a disciplinary process began that
eventually resulted in Johnson being placed on involuntary leave by a
vote of his fellow ministers at the 2005 clergy session of the Virginia
Annual Conference.

In the decision dealing with the authority of a pastor, the council's
ruling states that Paragraphs 214 and 225 of the Book of Discipline are
"permissive and do not mandate receipt into membership of all persons
regardless of their willingness to affirm membership vows." The
operative word in both paragraphs, the ruling says, is that persons
"may" become members. "Decision 930 established the premise that 'shall'
cannot be used to replace 'may' in the Discipline. Thus the General
Conference has determined that any person 'may' become a member of any
local church in the connection." This also applies to people who want to
transfer into the United Methodist Church from another denomination, as
was the case in Virginia, the council ruled.

The ruling also cites Paragraph 340.3(a), which includes among
responsibilities of pastors as being the "administrative officers of the
local church."

"As part of these administrative responsibilities, the pastor in charge
of a United Methodist Church or charge is solely responsible for making
the determination of a person's readiness to receive the vows of
membership," the decision says. " ... The pastor-in-charge is entrusted
with discretion in the exercise of this responsibility."

The ruling continues that "since the pastor is not required by the
Discipline to admit into membership all persons .... and since the
Discipline designates the pastor to be 'the administrative officer of
the local church,' ... a pastor in charge cannot be ordered by the
district superintendent or bishop to admit into membership a person
deemed not ready or able to meet the requirements of the vows of church
membership. ... The appointed pastor in charge has the duty and
responsibility to exercise responsible pastoral judgment in determining
who may be received into membership of a local church."

The Rev. Susan Henry-Crowe, a council member, said in a dissent that the
decision "compromises the historic understanding that the church is open
to all. The Judicial Council cannot interpret something that is not
stated in the Discipline. Nothing in the Discipline gives pastors
discretion to exclude persons presenting themselves for membership in
the church." Council members Beth Capen and Jon R. Gray also filed their
intent to write dissenting opinions to Decision 1032.

In the due process case, the council ruled that "rules and procedures
were not followed" and said it "found several errors in the process."
Primarily, the ruling stated that the Virginia Annual Conference's board
of ordained ministry transformed an administrative complaint into a
chargeable offense - a judicial complaint - and therefore did not have
the authority to consider the complaint.

The original complaint, "unwillingness to perform ministerial duties,"
is an administrative complaint as covered in Paragraph 362.2 of the Book
of Discipline. The council said the bishop rightly ruled that it was an
administrative complaint. "While the Discipline gives the bishop the
right to choose whether to refer as an administrative or judicial
complaint," the ruling says, "the Discipline places parameters around
the bishop's right to choose. Paragraph 362.2 states, 'If the bishop
determines that the complaint is based on ... unwillingness or inability
to perform ministerial duties, he or she shall refer the complaint as an
administrative complaint ...'"

However in its presentation to the clergy session, the conference's
board of ordained ministry changed the complaint to a charge of
disobedience, the court said. The board of ordained ministry and
conference relations committee have no authority to consider a judicial
complaint, the court said.

Oral arguments in the case were heard Oct. 27, in a public session at
First United Methodist Church of Houston's Westchase campus. Johnson
attended the hearing but did not address the council. The Rev. Tom
Thomas of Virginia and attorney Pat Meadows of Alabama spoke on his
behalf.

"Rev. Johnson rejects not the Discipline but the interpretation of the
Discipline," Thomas said. "He drew the line not at the homosexual person
but at homosexual practice."

"United Methodist bishops have considerable authority," Thomas said.
"They tell elders where to go and they go. Ed Johnson has gone for 24
years. But bishops and district superintendents are not authorized to
take charge of the issue of membership. There is no authority to tell
pastors who to bring in as members."

The two cases related to Johnson resulted from requests for rulings of
law from Virginia Bishop Charlene P. Kammerer. All bishops' decisions of
law are examined by the Judicial Council. In both cases, the Judicial
Council reversed Kammerer's decisions.

At the oral hearing, Kammerer said the language of the Discipline
stresses that "all people" can become professing members in the
connection. "The emphasis in our Constitution is on inclusiveness, not
exclusiveness," Kammerer said. "I believe the Book of Discipline
requires membership for this gay man. Rev. Johnson singled out one
sinful behavior. Offering only participation in church amounts to
second-class citizenship."

"What will this mean," she asked, "for the hundreds and hundreds of
pastors, hundreds and hundreds of churches, who have already accepted
gay persons into membership? We should err on the side of grace."

The Rev. Jeffery Mickle, chairman of Virginia's board of ordained
ministry, and Clark Williams, chancellor for the Virginia Conference,
also spoke. "While the United Methodist Church refuses to bless the
practice of homosexuality," Mickle said, "we will not say to a
homosexual person that your practice is so objectionable as to exclude
you from membership in this body of Christ."

"Membership is not reserved for the worthy," Williams said. "It is a
means of grace for all of us to become worthy."

Homosexuality-related issues

Several other rulings issued Monday by the Judicial Council dealt with
issues related to homosexuality and the church.

The council ruled that an annual conference's own definition of "status"
and any refusal to define "practicing" or "practicing homosexual" does
not violate the enforceability of Paragraph 304.3 of the Discipline.
Decision 1020 affirmed Bishop Beverly J. Shamana's decisions of law
related to items adopted during the 2005 session of the
California-Nevada Annual Conference.

In Item 26, the conference defined the word "status" in the United
Methodist Constitution "as including sexual orientation such as
heterosexuality, homosexuality, bisexuality and trangendered." In Item
27, the conference refused to define "practicing" or "practicing
homosexual." Shamana ruled that the items did not pre-empt the force of
law of Paragraph 304.3, and those rulings were supported by the council,
which wrote "regardless of whether there are one definition or many, no
such definition may void, violate or otherwise pre-empt the force of law
of Paragraph 304.3 of the Discipline."

In another California-Nevada Annual Conference item, the council upheld
Bishop Shamana's decision of law, in which the bishop ruled that nothing
in a resolution titled "We Will Not Be Silent" violated the Book of
Discipline. The resolution, adopted at the conference's annual
gathering, contains four inclusion principles, including "to make plans
to welcome and include LGBT (lesbian, gay, bisexual and transgender)
persons in leadership roles in the church."

The resolution "concerning lay involvement and leadership ... does not
encourage or require district superintendents to hold churches
accountable for a position specifically at odds with Paragraph 304.3 of
the 2004 Discipline, which applies to clergy certification, ordination
and appointment," the court stated in Decision 1028.

The West Michigan Annual Conference asked the council to examine whether
action amending the conference health benefits plan to include benefits
for dependents including "domestic partners" was in violation of
Paragraph 612.19, which directs that no United Methodist funds promote
homosexuality.

The court said the "annual conference council on finance and
administration is responsible for determining whether funds are being
used to supply domestic partner benefits under a conference health
benefits plans," and if so, whether that promotes homosexuality. The
council found no indication in its materials regarding the West Michigan
Council on Finance and Administration examining whether United Methodist
funds were being used to provide benefits to domestic partners.
"Normally, the cost of benefits to all dependents, including domestic
partners, are paid entirely by the plan participant," the council said.

Other rulings

In other rulings, the Judicial Council:

*	Responded to a request from the Minnesota Annual Conference
relating to inaccessible supervisory files. The court said the paragraph
cited in the request, Paragraph 606.9, deals with personnel records
maintained by the annual conference, which are open and accessible. "The
Discipline differentiates between personnel records and supervisory
records," the council said. "Supervisory records on ministerial
personnel are authorized by Paragraph 423.4. Declaratory relief has not
been requested under Paragraph 423.4."

*	Gave a mixed ruling of a decision of law by Bishop Edward W.
Paup concerning a petition titled "Affirming Our Unity Amongst Diversity
of Opinion," which was approved by the Pacific Northwest Annual
Conference at its 2005 annual gathering. The decision of law was
reversed in that it held that "the request for a decision of law here
posed questions of law, not questions of theological or doctrinal
interpretation," the court ruled. The bishop's decision of law was
upheld in that it affirmed that the petition was a historical document
"without prescriptive force to negate, ignore or violate provisions of
the Discipline ..."

*	Rejected the Rocky Mountain Annual Conference's proposed plan of
structure and declared it null and void. "Certain provisions of the
proposed plan are in violation of the Discipline," the court said. "The
authority for the proposed board of stewards is not provided ... in the
Discipline and numerous Judicial Council decisions. The Constitution, in
Paragraph 15.15, does not permit the establishment of an annual
conference board of stewards with broad powers as outlined in the
proposed plan."

*	Approved the Louisiana Annual Conference's structure and rules,
and commended the conference for its "persistence and diligence" in
meeting the requirements for its structure. This was the fifth time the
plan had come before the council.

*	Said district offices do not have to be made handicapped
accessible, according to Paragraph 715.2, but they do have to provide
for "relocation of events to locations that are accessible." Paragraph
715.2 "requires agencies and institutions to schedule and hold all
events in accessible settings that adequately accommodate persons with
disabilities insofar as reasonably possible." The decision stemmed from
a request from the Northern Illinois Annual Conference.

*	Ruled that it is not permissible to grant a leave of absence
during the probationary period for commissioned members because they are
to be in "ministries of Word and Service the entire probationary
period," according to Paragraph 326.1. The decision stemmed from a
situation in the Alabama-West Florida Annual Conference in which a
person was commissioned as a probationary deacon, then granted a leave
of absence in the same clergy session. The leave of absence can be
granted according to Paragraph 354.1, so the two paragraphs are in
conflict. "When provisions of the Discipline are in conflict, the
later-enacted provision takes precedence," the ruling says. Council
member Henry-Crowe filed a dissent related to the fact that the clergy
session asked the Judicial Council for a declaratory decision. "The
Judicial Council does not have jurisdiction to make a decision under
Paragraph 2610 ... when the request comes from the clergy session only,"
she wrote in her dissent. "Paragraph 605.6 does not give the clergy
session the authority to act on behalf of the annual conference except
on 'questions relating to matters of ordination, character and
conference relations of clergy.' A request for a declaratory decision
must be acted on by the entire annual conference in open session."

*	Stated that the council did not have jurisdiction to review a
"comprehensive organizational plan" from the Baltimore-Washington Annual
Conference because the request failed to cite a specific paragraph in
the Book of Discipline.

*	Ruled that the court did not have jurisdiction to decide on a
request from the Tennessee Annual Conference to review the allocation of
at-large members to general boards and agencies by the secretary of the
General Conference because the "matter does not relate to the annual
conference or the work therein." An oral hearing was held on this docket
item. An oral hearing was held on this docket item, and the Revs. K.
Edward Tomlinson and R. Carl Frazier and Mary Brook Casad spoke on
behalf of the Tennessee Conference.

Of the council's nine members, the Rev. Paul Shamwange Kyungu, from the
Democratic Republic of Congo, was absent from the deliberations.

The Judicial Council's next meeting will be April 26-29 in Kansas City.

*Caldwell is a United Methodist News Service correspondent based in High
Point, NC.

News media contact: Linda Green or Tim Tanton, (615) 742-5470 or
newsdesk@umcom.org.

********************

United Methodist News Service
Photos and stories also available at:
http://umns.umc.org

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