Synod court dismisses complaints in
lesbian ordination case
Allegations were not specific enough to meet new,
higher standard, it rules
[5-21-02]
by Jerry L. Van Marter, Presbyterian News Service
| San
Joaquin's appeal in Morrison case dismissed
Redwoods appeal in Morrison ordination case
to be heard Nov. 1 [8-22-02]
In a pivotal court case on ordination standards in the
Presbyterian Church (USA), the General Assembly Permanent
Judicial Commission (PJC) has dismissed an appeal by the
Presbytery of San Joaquin seeking to overturn decisions made by
the Synod of the Pacific's court, relating to the ordination of
the Rev. Katie Morrison, now a staff member for More Light
Presbyterians. |
| We now have posted the
full text of the PJC decision.
And we are happy to post also a
letter from Lynne Reade, attorney for the Presbytery in this
case. She offers her comments on the case itself, and what
she sees as possible future judicial issues. [5-22-02] |
BRISBANE, Calif. - 21-May-2002 - Citing a month old decision in a
similar case by a higher church court, the Synod of the Pacific's
Permanent Judicial Commission dismissed two complaints that Redwoods
Presbytery failed to adequately examine a lesbian candidate for ministry
before ordaining her last fall.
The court ruled May 17 that because there were no
specific allegations of self-acknowledged practice which the
Presbyterian Church (USA) confessions call sin in the complaint filed
against the presbytery by several members of Redwoods and the
neighboring Presbytery of San Joaquin, "complainants failed to
state a claim upon which relief can be granted."
The case revolves around the Rev. Katie Morrison, an
openly lesbian woman who was ordained by Redwoods Oct. 21, 2001.
Morrison told the presbytery during her examination that she would abide
by G-6.0106b of the Book of Order, which requires unmarried church
officers to be chaste.
Complainants in the case argued that the presbytery
didn't probe deeply enough into what Morrison meant by the word
"chaste." James V. Jones, attorney for the Redwoods Presbytery
complainants, told the court: "We don't know what further inquiry
may have resulted in determining. The point is the process (of
examination) failed, was thwarted and needs to be completed."
But Lynn Reade, attorney for the presbytery, argued
that "self-acknowledgment of sinful practice is the key element of
G-6.0106b and there is no allegation of sinful practice in the
complaints."
Reade based her move for dismissal on an April 14,
2002 decision by the General Assembly's Permanent Judicial Commission in
a case in Fort Lauderdale, FL.
In that decision, which revolved around the ordination
of a gay elder at Second Presbyterian Church in Fort Lauderdale, the
high court ruled: "When a complaint alleges violation of a
constitutional standard that may have extreme consequences to a person's
reputation, career or friendships, a greater degree of pleading
specificity is required. A complaint making such allegations must assert
factual allegations of how, when, where and under what circumstances the
person was self-acknowledging a practice which the Confessions call a
sin … self-acknowledgment must be plain, palpable, and obvious and the
details of this must be alleged in the complaint."
JoAn Blackstone, moderator of the synod's PJC, said,
"Although we would prefer to hear the evidence and recognize the
difficulty which is imposed on complainants under the current standard,
it is the duty of this Commission to order the dismissal of these
complaints."
Morrison, who works as a "field organizer"
for More Light Presbyterians - an advocacy network for full inclusion of
gay, lesbian, bisexual and transgender Presbyterians in the life of the
church - was not present for the proceedings.
