GA Permanent Judicial
Commission rules out conscientious objection to “fidelity and
chastity” requirement
PJC says only a constitutional amendment will change things
from Doug King, Witherspoon WebWeaver
[2-16-08]
The General Assembly Permanent
Judicial Commission (GAPJC) has overthrown the authoritative
interpretation that the General Assembly approved in 2006, which
would have allowed candidates for ordination to declare a “scruple”
against a particular requirement for ordination, on the grounds that
they could not in conscience adhere to it.
Specifically this means that any
candidate for ordination as a minister or elder must obey the
requirement of “fidelity in marriage or chastity in singleness,”
which was added to the Book of Order as provision G-6.0106b.
The ruling of the GA PJC, issued on
February 11, 2008, actually deals with three cases, all of which
touch on the issue of sexuality and ordination.
The action of the 2006 General
Assembly left it up to the discernment of the ordaining body (the
session for elders, the presbytery for ministers) as to whether the
ordination requirement must be regarded as “essential,” and
therefore an absolute requirement, or might be seen as not
essential, and therefore might be set aside in the case of a
particular individual.
This PJC ruling describes the
“fidelity and chastity” provision as “a mandatory standard that
cannot be waived.” Further, it makes clear that while candidates may
be permitted to “depart” from ordination standards related to
belief, they cannot be allowed the same freedom of conscience with
regard to behavior.
And it upheld language from a prior
Synod of the Trinity PJC ruling which made a distinction between
allowing departures from the church’s standards related to belief –
but not departures related to behavior.
Presbyterians committed to a fully
open and inclusive church, including its practices of ordination,
have differed over the past few years in their strategies for
dealing with the essentially exclusionary demands for “fidelity and
chastity.” Some have sought a gradual approach to changing practice
and the application of ordination standards through action in
presbyteries, which others have believes that no real change would
happen until the “fidelity and chastity” requirement in G-6.0106b of
the Book of Order is totally removed.
The PJC seems to side with the
latter approach, especially when it declares: “the fidelity and
chastity standard may only be changed by a constitutional amendment.
Until that occurs, individual candidates, officers, examining and
governing bodies must adhere to it.”
It seems likely that this action
will reverse the moves toward a more inclusive church recently taken
by two presbyteries: On January 15, San Francisco presbytery voted
167 to 151 to approve as “ready for examination”
Lisa Larges, a
lesbian who works for the advocacy group, That All May Freely Serve.
And on January 26, the
Presbytery of the
Twin Cities Area voted 196 to 79 to restore the ordination of Paul
Capetz, a gay seminary professor who voluntarily set aside his
ordination in 2000 in protest over the PC(USA)’s ordination
standards.
We welcome your comments and additions!
Just
send a note.
More on this very important
development:
Presbyterian Outlook
reports on the PJC
action under the headline, “Top court prohibits scrupling
fidelity-chastity standard”
The Louisville Courier-Journal headlines
its report: “Presbyterian court rules gays can't be ordained”
The Office of the General Assembly has
issued
an Advisory Opinion on the recent decisions
To summarize the
main points in this opinion:
1.
Authoritative Interpretations may not change an ordination
standard.
2. Governing bodies may not restate, augment, diminish, or
define ordination standards.
3. Governing bodies may not waive the G-6.0106b ordination
standard.
4. A candidate's actions must conform to the ordination
standards.
5. The ordaining body must examine the candidate individually.
Then there is
another sentence, which seems to open the door again a crack for
departures based on conscience: “The GAPJC also emphasized that each
candidate must be examined individually by the examining governing
body. Only in this way can the body determine whether any potential
departure is a failure to adhere to the essentials of Reformed faith
and polity.”
The next (and last)
sentence of the Advisory Opinion must have been penned by someone
with a sense of irony: “To obtain a complete understanding of these
decisions, we recommend that readers study all three of the cases:
Buescher, et al v. Presbytery of Olympia; Bush, et al v. Presbytery
of Pittsburgh; and First Presbyterian Church Session of Washington
v. Presbytery of Washington.”
The full texts of the
three PJC decisions:
Randall Bush,
Wayne Peck, and the Session of East Liberty Presbyterian Church,
v.
Presbytery of Pittsburgh
Barlow J.
Buescher, et al., v.
Presbytery of Olympia,
Session of
First Presbyterian Church of Washington, et al., v.
Presbytery of Washington
From More Light Presbyterians
GAPJC Rules against
Authoritative Interpretation of 2006 with regard to life and
relationships
The highest
judicial court of the Presbyterian Church (USA), the General
Assembly Permanent Judicial Commission (GAPJC), ruled on
February 11 that while a candidate for ordination can express
disagreement with or offer a scruple about G-6.0106b on the
grounds of theology or conscience, they are still required to
comply with the "fidelity in marriage, chastity in singleness"
requirement for ordination. The ruling held that candidates for
ordination must comply with the sexual behavior standards of the
Church.
GAPJC Ruling
interferes with call process & does not engender trust
This GAPJC
ruling is disappointing because it does not give room for local
governing bodies, churches and presbyteries, who know their
people best to make thoughtful, informed and faithful decisions
about calls to ministry and ordination. This ruling is
disappointing because it continues to impose the restrictions of
"fidelity in marriage, chastity in singleness" upon the call
process. This GAPJC ruling is disappointing because it does not
engender trust among us as Christians and the Body of Christ
with regard to how individuals and couples express love, live in
faithful relationships and create family.
"Fidelity in
marriage, chastity in singleness" is not Christian sexual ethics and
offers no genuine sexual or relationship standard
It is important
to note and come to terms with the fact that the current sexual
behavior standard of the Church, "chastity in singleness," does
not offer thoughtful guidance on Christian sexual ethics for
lesbian, gay, bisexual or transgender persons who are single or
in faithful relationships; nor does it offer any meaningful
guidance to heterosexual single persons. Moreover, let us be
honest, the platitude of "fidelity in marriage" fails to offer
any genuine support or ethical guidance for married
heterosexuals. These so-called sexual behavior standards fail
our Church, fail our people, and offer nothing of substance to
the larger society in terms of what it means to be in a
faithful, loving relationship or sexual ethics for all persons.
Constitutional
Change is the only way out
The GAPJC went
on to say, “the fidelity and chastity standard may only be
changed by a constitutional amendment." More Light Presbyterians
has been working to remove this discriminatory church law since
its inception, and called for constitutional change immediately
following the adoption of this Authoritative Interpretation by
the 217th General Assembly in 2006. Because of the passage of
Ordination Overtures in several presbyteries, the 218th General
Assembly will be able to remove this anti-gay discriminatory
ordination policy.
The experiment of
G-6.0106b has failed & hurts our Church
The anti-gay
discriminatory ordination policy of G-6.0106b of "fidelity in
marriage, chastity in singleness" was added to the Book of Order
in 1997 It has brought nothing but pain, division and
discrimination in our Church. It has worked against the
principles and the realities of peace, unity and purity within
our Church. It has driven people out and driven people away from
our Church. It is a barrier to people knowing that they are
children of God, created in the image of God, unconditionally
loved by God and welcome in our Church. It is an impediment to
faith and grace. It is a scandal to the Gospel of Jesus Christ.
It's About Time!
for Change at the 2008 General Assembly
It's time for
this policy and church law to be removed for the sake of the
Soul of the Presbyterian Church (USA). Calls for change and
seeds of hope await us to San Jose. It's About Time!
with hope and grace,
Michael
Michael J. Adee,
M.Div., Ph.D., National Field Organizer, More Light Presbyterians
http://www.mlp.org/article.php?story=20080213175432205
“We need to change the Constitution, not
create ways around it.”A comment from
Ray Bagnuolo,
who describes himself as an “openly gay Presbyterian minister,”
writes this comment:
Dear Friends,
The recent
decisions by the GAPJC clarify in bold terms the reasons why no true
progress will be made in our denomination for the full inclusion of
LGBT folk until G-6.0106b is gone. None of this is surprising.
Maintaining an
amendment in our Book of Order that is violent, exclusive,
marginalizing, and deeply-flawed – not to mention in opposition to
the movement of the Spirit – is unconscionable. Every Christian who
has ever understood the risk involved in being a Christian
understands that there is no "safe" way to litigate around
G-6.0106b. We simply cannot pass new legislation to interpret what
should be removed. If the risk in being just is a risk to the unity
of the church, then the unity we have achieved is flawed and needs
to be changed.
This has been a
long and tedious process; LGBT folks and their allies have given
their heart and their trust to the multiple processes that have
promised hope and justice in our time. We have trusted in groups
that were promised to be safe for discussions, only to have them
used against us. We have agreed to moratoriums, only to have them
violated. We have stood together at Presbytery meetings and General
Assemblies to hear ourselves talked about as if we were some errant
act of God's creation: not only second class in our citizenship but
second class in creation. We have watched friends' lives deeply and
unfairly altered by the full weight of the imbalance of power in
this church. We have watched fear used to cower the voices that
otherwise would speak for themselves.
And through it all,
like Lisa [Larges] and Paul [Capetz] and faithful others, we have
persisted. We have remained in the church to try and change it with
loving-kindness and the encouragement we share for each other,
bonded in the love of God we know so well.
With the many
overtures and concurrences coming together in a most amazing way,
this General Assembly has a different kind of promise. The overtures
to restore the language of the Heidelberg Catechism, to remove
G-6.0106b from the Book of Order, to the change the language in the
Directory for Worship – all these broaden the call we share: to once
and for all, reform this Constitution of ours to reflect all of us.
There can be no
interpretation of G-6.0106b, the Heidelberg's redacted language, or
the Directory for Worship's definition of marriage. All these need
to be made clear for all to hear and see, ringing loudly, so all may
hear the peal of welcome. We need to change the Constitution, not
create ways around it.
If we rely on any
task forces or measures to get around what needs to be removed and
changed, we will continue to experience the decisions, divisiveness,
and the dehumanization that is evidenced in the recent rulings by
the GAPJC.
I fully support MLP
and others who unflinchingly continue to call for such changes. May
they reflect the deep truth that lies in all our hearts, and may we
join in that chorus faithfully and with courage.
I look forward to
working together with everyone who has hope for this church, on both
sides of the aisles and in-between.
There is an
inclusive church beyond these changes, with room everyone, and I
believe it is up to us to change it.
Peace,
Ray Bagnuolo
Openly Gay Interim Minister, Palisades Presbyterian Church
Palisades, NY
That All May Freely
Serve says the PJC decision shows "the necessity for
swiftly and finally removing the homophobic and heterosexist
policies from the Presbyterian constitution."
The full statement, dated Saturday, Feb. 16, 2008:
In a decision handed down on
February 12, 2008,the highest court in the Presbyterian
Church (U.S.A.) ruled that the controversial ordination
standard of fidelity in heterosexual marriage or chastity in
singleness is a requirement for all persons in ordained
office. The ruling perpetuates the mistaken and destructive
prejudice that sexual orientation is a matter of behavior
and not identity. Further, the ruling puts a wedge between
faith and practice, as though to believe one thing and act
differently were not the very definition of hypocrisy. The
ruling severely damages movement toward greater flexibility,
graciousness, and discernment as put forward by the actions
of the last General Assembly.
The decision, however, puts in stark relief the necessity
for swiftly and finally removing the homophobic and
heterosexist policies from the Presbyterian constitution.
Presbyterians for Renewal celebrated the decision on Wednesday,
Feb. 13, under the headline “PC(USA) High Court Rules ‘Fidelity and
Chastity’ Standard Remains Binding”
They write that
“... in three decisions just issued, the General Assembly Permanent
Judicial Commission (GAPJC) has ruled that no ordaining body
(session or presbytery) has the right to ordain a candidate who is
in violation of constitutional standards, including the “Fidelity
and Chastity” standard expressed in the Book of Order (G-6.0106b).
With these new GAPJC rulings, we can now rest assured that our
standards for ordination in the PC(USA) continue to reflect the
clear teaching of Scripture and the plain meaning of our
constitution.”
And then they say it more briefly: “These recent
GAPJC rulings clarify that nothing has changed. ... PFR believes
these GAPJC rulings promote the peace, unity and purity of the
church.”
We welcome your comments and additions!
Just send a note.
| An open letter to the PC(USA)
[3-6-08]
From: Your Candidates and Inquirers for the Ministry
of Word and Sacrament who are Gay, Lesbian, Bisexual, Transgender
and Queer
This comes to us from Mieke Vandersall of
Presbyterian Welcome
Open Letter to the Presbyterian Church (U.S.A.)
Date: March 2008
From: Your Candidates and Inquirers for the
Ministry of Word and Sacrament who are Gay, Lesbian, Bisexual,
Transgender and Queer
Re: Bush vs. Presbytery of Pittsburgh PJC
Ruling Regarding Ordination Standards and G-6.0106b
We, your sisters and brothers in Christ, your
colleagues in ministry, faithful members of Presbyterian churches
are saddened by the recent ruling of the Permanent Judicial
Commission (PJC) which singles out the requirement of fidelity in
heterosexual marriage and chastity in singleness as an essential
tenet of Reformed faith. This ruling contradicts some of the most
important work of the Peace Unity and Purity Task Force, which put
forward a more gracious and open way for us to live together as the
body of Christ in the midst of our differences.
This PJC decision puts a wedge between theology
and practice, belief and action, being and doing. It demeans the
lives of gay, lesbian, bisexual, transgender and queer persons by
again reducing our lives to sexual acts. It fails to recognize God's
ability to choose whomever God wills to serve the Church. It
perpetuates the mythology that sexual orientation is simply a matter
of behavior. It says that we are not filled with God's grace.
Our Reformed understanding of Scripture teaches
that the way in which we live our lives as responsible, faithful
Christians is intimately connected to our faith. Our love,
commitment, and indeed our manner of life is an inescapable
expression of our faith as we seek to both know God’s will and to
live into it. We are filled with the Spirit, a Spirit made manifest
in our Christian discipleship and acts of Christian witness: by
teaching Sunday School; giving our time, talent and treasure to our
congregations; working in soup kitchens; financially supporting
ourselves and paying tuition to Presbyterian seminaries; visiting
the sick and shut-ins; working for justice; being present with
individuals in their last days of life on earth; singing in choirs;
tutoring children; yearning to preach the Word and administer the
Sacraments; proclaiming the liberating and good news of Jesus
Christ, and welcoming and raising new disciples to serve Him.
Many of us have found ourselves in holding
patterns, serving in whatever capacities we can create while waiting
for the church to open the door to the Holy Spirit and usher us into
ordained ministry serving Jesus Christ. Many of us have been removed
from the ordination process when we have been honest about the
magnificent ways that the Holy Spirit has moved through our lives,
calling us out into the world as whole people, burning with the
desire to serve Christ. We have been removed because we cannot serve
with our whole heart while hiding our sexuality and gender
identities. A few of us have been ordained, some of us have been
unable to utter the full truth of our lives, and others of us have
been in spaces safe enough to disclose our full identities.
We fear that the direct effect of this ruling will
be to once again impose upon the ordination process a don't ask,
don't tell policy. We are a gospel people, called to proclaim the
good news of how God has loved and redeemed us and freed us for
joyful service. The good news of Jesus Christ is about witnessing to
the fullness in which God has moved in our lives. It is tremendously
painful and theologically suspect that our church should find it
expedient that we must edit our lives, denying our full humanity
which Jesus came to fully redeem, in order to be acceptable
candidates for ordination.
We live in hope for the healing of the church. We
live in hope that all policies which hinder our voices and witness
will be removed. We know that only when this day comes will we
experience full participation in the life of this denomination. We
live in hope that our sisters and brothers in Christ will know us,
in the fullness of how God creates us, and affirm our gifts and
call. We live in hope that policy decisions are not made on our
backs but that we may be treated with equality and the respect we
deserve. We live in hope that we will one day soon serve this church
as Ministers of Word and Sacrament who happen to be lesbian, gay,
bisexual, transgender and queer. We pray for that day with all of
our strength.
1. Scott Anderson, John Knox Presbytery
2. Steven Andrews, Whitewater Valley Presbytery
3. Meghan Foote, removed from Sheppards and Lapsley Presbytery
4. Chris Gannon, Presbytery of Long Island5. Sára Herwig, Boston
Presbytery
6. Jenny Howard, Presbytery of Detroit
7. Lisa Larges, San Francisco Presbytery
8. Paul Mowry, Presbytery of New York City
9. Alex McNeill, Western North Carolina Presbytery
10. Melinda Nichols, Presbytery of Greater Atlanta
11. David Paul, New Hope Presbytery
12. Kathryn Poethig, Presbytery of New York City
13. Heather Reichgott, Redwoods Presbytery
14. Katie Ricks, Presbytery of Greater Atlanta
15. Anonymous, Presbytery of Greater Atlanta
16. Anonymous, Hudson River Presbytery
17. Anonymous, Pacific Presbytery
18. Anonymous, Synod of the Covenant
19. Anonymous, Synod of Lincoln Trails
20. Anonymous, Synod of the Mid-Atlantic
21. Anonymous, Synod of the Mid-Atlantic
22. Anonymous, Synod of the Northeast
23. Anonymous, Synod of the Northeast
24. Anonymous, Synod of the Pacific
25. Anonymous, Synod of South Atlantic
26. Anonymous, Synod of South Atlantic
27. Anonymous, Synod of Southern California and Hawaii
28. Anonymous, Synod of the Trinity
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