First, I need to clarify my previous post now that I have had a chance to more carefully review the three decisions. While all three General Assembly Permanent Judicial Commission decisions went against the presbyteries, I read too hastily and it now appears to me that these three unanimous decisions should be seen as a decision against “restating” the Book of Order, not as a decision in favor of declaring scruples and granting exemptions.
Executive Summary: The three decisions can probably be best summed up with this quote from 218-10: Bush and Others v. Presbytery of Pittsburgh.
Restatements of the Book of Order, in whatever form they are adopted, are themselves an obstruction to the same standard of constitutional governance no less than attempts to depart from mandatory provisions.
My reading of this is that the GAPJC is waking a center line: You can’t adapt the Book of Order in any special way, whether that be declaring provisions as mandatory or by granting an exemption. It is what it is.
Full Discussion
With that summary out of the way, let me turn to a more detailed discussion of the cases. Late last week the General Assembly Permanent Judicial Commission (GAPJC) of the Presbyterian Church (USA) (PC(USA)) heard arguments on three cases that involved Presbyteries passing resolutions about Book of Order requirements, especially G-6.0106b, the “fidelity and chastity” requirement, being mandatory or “essential.” For the sake of completeness I will list the cases here with full title and in the rest of the post will refer to them by number and presbytery.
218-09:
Barlow J. Buescher, Dave R. Brown, Mary D. McGonigal, Jeanne Howell,
Serena Sullivan, Eileen Dunn, Wayne H. Keller, Don E. Keller, Dwight W.
Whipple, David R. Kegley, F. Mark Dowdy, Brian Heath, R. Sidney Cloud,
Isaac H. Jung, Irene Van Arnam, Michael Baugh, Chuck Jenson, Donna Lee,
and the Session of Lakewood Presbyterian Church v Presbytery of Olympia (218-09 Olympia)
218-10: Randall Bush, Wayne Peck, and the Session of East Liberty Presbyterian Church v Presbytery of Pittsburgh (218-10 Pittsburgh)
218-15:
Session of First Presbyterian Church of Washington, 1793, Session of
First Presbyterian Church of Charleroi, Jeffrey A. Kisner, Frances
Lane-Lawrence, D. Jay Losher, Robert Miller, Kenneth E. Nolin, Charles
Puff, John Rankin, Susan Vande Kappelle, Robert Vande Kappelle, Betty
Voigt, Robert Randolph, and Linda Mankey v Washington Presbytery (218-15 Washington)
It should also be noted that 218-10 Pittsburgh was the lead decision and the other two reference it. Also, while none of the decisions contain a dissent, 218-15 Washington contains two concurring decisions that comment on some details but not on the final decision. However, 218-15 Washington did arrive at the GAPJC to have some procedural issues decided and the decision states that the other two decisions should stand as the answer to the validity of the Presbytery resolutions that are at the heart of the case. Other than to say that reading the history of the case is a good lesson in why we keep detailed minutes, I’ll leave the discussion of 218-15 Washington at that and for the constitutional questions focus on the other two cases.
In all three cases the Presbyteries, in the wake of the report as adopted of the Theological Task Force on Peace, Unity and Purity and the associated Authoritative Interpretation, adopted a resolution that basically said that mandates in the Book of Order are binding, the implication being that they are not up for negotiation as “scruples” or “exceptions.” One part of the Presbytery of Pittsburgh resolution reads:
Adopts the principle that compliance with the standards for ordination approved by the Presbyterian Church (USA) in the Book of Order is an essential of Reformed polity. Therefore, any departure from the standards of ordination expressed in the Book of Order will bar a candidate from ordination and/or installation by this governing body. Provisions of the Book of Order are signified as being standards by use of the term “shall,” “is/are to be,” “requirement” or equivalent expression
The Washington resolution is very similar and Olympia has the same sentiments in briefer form.
Well each was appealed to the respective Synod PJC The PJC of the Synod of the Trinity heard 218-10 Pittsburgh and 218-15 Washington and overturned the presbytery resolutions in both cases. The PJC of the Synod of Alaska-Northwest ruled on 218-09 Olympia and upheld the presbytery’s resolution.
The GAPJC ruled against the Presbyteries resolutions. However, in the written decisions for Pittsburgh and Olympia the GAPJC appears to be saying “Nothing has changed so you don’t need to change anything.” In addition to the lead quote above, the GAPJC also writes in 218-10 Pittsburgh:
As finally adopted by the General Assembly, the Authoritative Interpretation does not equate “polity” with “behavior.” Nevertheless, the church has required those who aspire to ordained office to conform their actions, though not necessarily their beliefs or opinions, to certain standards, in those contexts in which the church has deemed conformity to be necessary or essential… The candidate and examining body must follow G-6.0108 in reaching a determination as to whether the candidate for office has departed from essentials of Reformed faith and polity, but that determination does not rest on distinguishing “belief” and “behavior,” and does not permit departure from the “fidelity and chastity” requirement found in G-6.0106b.
And later on they write:
While the General Assembly and the GAPJC may interpret these standards, the Authoritative Interpretation did not (and constitutionally could not) change any ordination standard, including the requirements set forth in G-6.0106b. Similarly, no lower governing body can constitutionally define, diminish, augment or modify standards for ordination and installation of church officers.
And finally:
Ordaining bodies have the right and responsibility to determine whether or not any “scruples” declared by candidates for ordination and/or installation constitute serious departures from our system of doctrine, government, or discipline; to what extent the rights and views of others might be infringed upon by those departures; and whether those departures obstruct the constitutional governance of the church. At the same time, attempts by governing bodies that ordain and install officers to adopt resolutions, statements or policies that paraphrase or restate provisions of the Book of Order and/or declare them as “essentials of Reformed faith and polity” are confusing and unnecessary. G-6.0108a sets forth standards that apply to the whole church.
So the decision is:
For these reasons, the Resolution is unconstitutional and in error. It is not permissible for a presbytery or a session to define “essentials of Reformed faith and polity” outside of the examination of any candidate for office. Such a determination must be made only in the context of a specific examination of an individual candidate.
It would be an obstruction of constitutional governance to permit examining bodies to ignore or waive a specific standard that has been adopted by the whole church, such as the “fidelity and chastity” portion of G-6.0106b, or any other similarly specific provision. On the other hand, the broad reference in G-6.0106b to “any practice which the confessions call sin” puts the responsibility first on the candidate and then on the examining body to determine whether a departure is a failure to adhere to the essentials of Reformed faith and polity and the remainder of G-6.0108(a) with respect to freedom of conscience. The ordaining body must examine the candidate individually. The examining body is best suited to make decisions about the candidate’s fitness for office, and factual determinations by examining bodies are entitled to deference by higher governing bodies in any review process.
The GAPJC decides 218-09 Olympia by quoting long sections of 218-10 Pittsburgh, overturning that Presbytery’s resolution and overturning the Synod PJC decision that upheld it.
So what do these decisions mean? It looks to me that the GA PJC is setting itself up to hear the Larges and Capetz case. If they hold to the reasoning in these decisions, as I read it, they look to overturn those presbytery actions as well. Or, this could be viewed as setting the case law so that if the Synod PJC’s refer to this case and decide against the ordinations the GAPJC may have no reason to hear the cases. But in the big picture, it looks like the GAPJC really is trying to walk a center line on this and to really show that “Nothing has changed.” And I think the unanimity of the decisions may be a signal of this as well.
The issue of course is that those other two cases will take some time to work through the system and the Assembly meeting this June could change the constitutional and polity landscape, or the membership of the GAPJC for that matter. However, in my opinion, the GAPJC has written reasonable decisions that set a precedent upholding the current PC(USA) constitution’s balance between conscience and standards that will be reviewed by upcoming cases. Stay tuned for the next cases, and for other people’s views of these decisions.