Category Archives: PC(USA)

The 218th General Assembly of the Presbyterian Church (USA) — Foundation and Empire

The upcoming 218th General Assembly of the Presbyterian Church (USA) just got a little bit less interesting…

Don’t get me wrong, there will still be plenty of interesting things going on, but one of the more “interesting” Overtures has been withdrawn.  While I can’t definitively connect the dots, here are the dots as I understand them.

The Synod of the Southwest overtured the General Assembly to allow the General Assembly Council to invest money in places other than the Presbyterian Foundation as most other entities in the PC(USA) can.  I don’t think I would be exaggerating to say that this was a concern to the Foundation, maybe we could even call it a threat.  Furthermore, the Assembly Committee on the Constitution had an opinion that GAC could interpret donor intent making this a double threat.

Why do I think this was a threat?  Well, the foundation produced and distributed a roughly 45 minute video to all the commissioners and delegates.  My son the YAD got it in the mail yesterday.  The video directly addresses why the proposed change would be a bad idea because it circumvents checks and balances, is chasing increased returns, and ignores the built up talent and knowledge of the Foundation.  The video makes the case well but to be blunt it is a bunch of talking heads and not as “colorful” as some of the other Foundation videos.

Well, the Synod of the Southwest withdrew their Overture so it appears that it is no longer on the docket for Committee 8 – Mission Coordination and Budget.  One of the advantages of the old paper system was that there was a “paper trail.”  You will notice that with the withdrawal of Overture 85, the place holder on PC-biz is still there, but in electronic form it allows the system managers of PC-biz to remove the text so there is nothing substantial for us to look at any more.

However, the Synod of the Southwest issued a substantial press release about this decision.  The first thing that I would note is that apparently the Synod Moderator and Synod Executive/Synod State Clerk were empowered to withdraw that motion since on June 2 the Synod voted to “affirm the decision” by the officers.  (As an officer of the Synod of Southern California and Hawaii I will note that is not an unusual empowerment although for us it would take all five of the officers.)  The press release also makes it clear that the overture addressed only non-permanent funds.  The press release says:

Recent interpretation by the Foundation and others has sought to characterize the overture as addressing funds deposited with the Foundation by donors for specific mission purposes coordinated by the ministry of the General Assembly Council. The overture, however, addressed other funds, not those which are permanently endowed.

The officers gave five reasons for withdrawing the overture:  1)  It had served the purpose of getting the issue before GAC and the Foundation.  They could always bring it back in 2010. 2) Unknown to the Synod there were other issues that have now become public.  3) These and other matters have “subsumed” the issue of the overture and the overture issue has largely become overshadowed.  4) While the concern persists, pressing the issue at this time harms the “peace of the church.” 5) The Foundation will be asked for rate of return information and they are now “on notice” about being transparent with those facts.

The mailing to GA commissioners and delegates was made after this synod decision so there is a letter included with the DVD noting the withdrawal, but still expressing concern for the climate and the fact that the ACC recommendation (that GAC gets to interpret donor intent) remains on the table.

Commentary:  There is clear tension right now between GAC and the Foundation, something that everyone involved seems to acknowledge.  While I am not quite ready to read more into the Synod decision than they state in their press release, with the current climate in some quarters of the PC(USA) the withdrawal could be interpreted differently if you want to find a conspiracy between Louisville and synods.  (Example 1, Example 2, Example 3)  (And sorry if I overstated my position in the title but the reference to the Asimov book was too good to pass up.)

On the one hand, as a reformed Christian I recognize the sinful nature of human beings and having checks and balances in a covenant community is the way we do things.  On the other hand, I have been involved in some dealings with the Foundation and their less-flexible interpretations of donor intent have been way more restrictive than how we have understood it.

So, for GA in a week, I guess that this horse has been put back in the barn, but there is a bunch more that have gotten out and are still roaming and the work of the Foundation will be on the table in several different places.  Stay tuned.

UPDATE 6/17/08:  Michael Kruse, an insider to this discussion by virtue of his membership on GAC, has posted his personal observations and commentary on this controversy.

Ten-minutes with Bruce

The Rev. Bruce Reyes-Chow, one of the four candidates for Moderator of the General Assembly of the Presbyterian Church (U.S.A.) offered himself for interviews from bloggers.  This was his “10 Minutes with Bruce.”

Well, I came up with only one questions for him and he was gracious enough to reply.

My Question:

The last two moderators seem to me to present a contrast in styles when
it came to some of the conflicts between individual churches and higher
governing bodies in the PC(USA).  Rick seemed to get involved in some
of the individual controversies while Joan seems to “float above” the
ongoing disputes.

So, if you are elected moderator…
On a
range from “enforcer” being actively involved in particular disputes,
to “Glinda, Good Witch of the North” who sort of floats above all the
commotion, what do you see as your role as the Moderator of the General
Assembly in these matters?  Or, do you see the role of the Moderator as
something on a different continuum?

Bruce’s Response:

I guess it depends on which, if any, superpower I get as “enforcer” or “Glinda”
But
seriously folks . . . I am actually not sure where I would fit on
the continuum because I think those currently engaged in the battles
are missing the point and/or are missing important voices.   I would
much more hope to shake up the discourse by being part of a movement
whose voices are heard above and over the current
denominational conflicts.  While some entities in the church at all
levels will thrive only in a culture fed by adversarial relationships,
I think there are a whole lot of folks who could easily move beyond
some of the more divisive issues, find levels of appropriate
disagreement and get on with being the church in the world in as may
ways that may exist today.  Right now, these folks may be engaged in
local ministry, but see the larger church conflicts as distracting and
irrelevant.  So . . . to better answer the question, I think I would be
one who would help to flatten the hierarchy of the discussion so more
voices are part of the whatever decisions lay at the end.

Now do I get a superpower?

Thanks Bruce

Now, the link to the incident Rick was involved in is for context only and not necessarily an endorsement.  Also, I realize that some of this is a product of the times in which they serve and may not be representative of the two years ahead.

Finally, while Bruce issued the invitation, if any of the other three moderator candidates wish to have a go at it I’d be glad to also post “Ten Minutes with (Bill|Carl|Roger)”

Synod PJC Lets Restoration To Ordained Ministry Stand

A few days ago the Permanent Judicial Commission of the Synod of Lakes and Prairies dismissed the remedial complaint filed against the Presbytery of the Twin Cities Area regarding their restoration of the Rev. Paul Capetz to the practice of ordained ministry.  The Rev. Capetz is on the faculty of United Theological Seminary, an independent theological institution with a UCC heritage.  He had asked to be released in 2000 because he could not agree with Book of Order section G-6.0106b, the “fidelity and chastity” standard.  With the passage of the PUP Report he asked to be restored while declaring a scruple.  The Presbytery agreed in January and restored Mr. Capetz.  The complaint was then filed with the Synod PJC.  I’ve held off a couple of days hoping to get official language, but I have not found it yet so I’ll discuss this decision based on what was first reported by the Witherspoon Society.

According to the Witherspoon Society piece, the Synod PJC ruled that the Book of Order and interpretations by previous General Assembly PJC decisions all deal with the ordination process and since Mr. Capetz was previously ordained there was no basis for complaint.  I would also note that the Authoritative Interpretation resulting from the PUP report also deals principally with the ordination process, and that another GAPJC decision deals only with a call to employment in a PC(USA) entity.  In light of this precedent and case law this is a reasonable decision by the SPJC, even if it seems counter-intuitive based on all these previous decisions.  To determine a new interpretation on this particular circumstance will require appeal to the GAPJC or action by the General Assembly.

If you are interested there are a whole series of GAPJC decisions on this which have carved the lines fairly precisely.  As I list these I will usually rely on the very brief description found in the Annotated Book of Order.   One series of decisions has dealt with the ordination process.  The decision in 205-4: Gary J. LeTourneau et al v. Presbytery of the Twin Cities Area in 1993 made clear that a “self-affirmed practicing homosexual” (SAPH) may not be certified ready for ordination.  The prohibition on ordination was reaffirmed in 206-3: Hope Church v. Central Church in 1994, and in 218-04: George R. Stewart v. Mission Presbytery in 2008.  However, the GAPJC also made clear that if you are celibate you may be ordained based on 212-12: John S. Sheldon, et al., v. the Presbytery of West Jersey. And then in a couple of decisions that bridge between the two extremes, 214-5: Ronald L. Wier v. Session, Second Presbyterian Church of Ft. Lauderdale, Florida, and 215-8: Presbytery of San Joaquin v. The Presbytery of the Redwoods and Edgar T. Hart, Steve Nesheim, Larry Ballenger, Bill McDonald, Merle Wood, Rebecca Jordan-Irwin, and Kent A. Webber v. The Presbytery of the Redwoods, the GAPJC basically reaffirmed that orientation alone is not an impediment to ordination, but if there are reasonable grounds (not rumor) to believe the individual is a SAPH than the ordaining body is obligated to investigate this.

As far as ordination is concerned, these have all been related to the ordination process and the GAPJC has made it clear in 206-3: Hope Church v. Central Church in 1994, and reaffirmed in 211-2: Wier v. Session, Second Presbyterian Church of Fort Lauderdale, Florida that an ordination may not be annulled under these circumstances.  And the GAPJC did caution in 215-5: Daniel J. McKittrick v. The Session of the West End Presbyterian Church of Albany, New York not to rush the ordination or installation process to reach this end.

There is one other thread in the GAPJC decisions which is applicable here.  While an ordination may not be annulled in these cases, the GAPJC did say in 205-5: Ronald P. Sallade et al v. Presbytery of Genesee Valley in 1993, and reaffirmed in several of these other cases, that a SAPH, if ordained, may not be called to employment in a PC(USA) position that “presumes ordination.”  In the case of Mr. Capetz, he is employed by an independent theological institution and the presbytery validated that ministry.

As I skim through these previous decisions, it strikes me that there is no set precedent for restoration to ordained ministry.  (I’m sure you will let me know if I missed a paragraph somewhere.)  And while it does seem to go against the intent of many of these decisions, and of the recent 218-10: Randall Bush, Wayne Peck, and the Session of East Liberty Presbyterian Church v Presbytery of Pittsburgh, I see no reason under current decisions that the SPJC should not have dismissed it.  As I said before, the real test will be the GAPJC if it is appealed.  Time will tell.

Upcoming PC(USA) General Assembly — I Posted Too Soon

In my post yesterday I said that I had no word of additional challengers for the position of Stated Clerk of the General Assembly of the Presbyterian Church (USA).  Well, this afternoon brings a Presbyterian News Service article that there are four candidates:

The search committee nominee, insider and heir apparent – Rev. Gradye Parsons

The initial challenger – Rev. Edward Koster

Newly announced – Rev. Winfield “Casey” Jones

Newly announced – Rev. William P. Tarbell

You can read about the Rev. Parsons all over the PC(USA) web site, such as his own GA page, as the official nominee, and there is the original Presbyterian News Service article and my initial comments.

While Rev. Parsons is currently featured on the Stated Clerk search web page, to be fair the page currently reprints part of today’s article and will soon have info on all the candidates now that the declaration deadline has passed.

I talked about the Rev. Koster when he first announced and he had a News Service article written about him as well.

The article says that both Rev. Jones and Rev. Tarbell filed their declarations at the deadline on Wednesday.  Also, both of these pastors challenged the Rev. Clifton Kirkpatrick for the job back in 2000. 

Rev. Jones is the pastor of First Presbyterian Church in Pearland, Texas, and the article says that his experience includes serving as a pastor in Texas in several congregations since 1979 and serving on Presbytery committees.

Rev. Tarbell has similar experience but his parish service has been much more traveled including South Dakota, Wyoming, Oregon, Missouri, and currently South Carolina serving as pastor of Saluda Presbyterian Church.

Now that all the candidates are know there will be a book with more information on each one published shortly.

Upcoming PC(USA) General Assembly — Early May Update

Today, May 8, is an exciting day.  General Assembly is getting closer and I, an unrepentant GA Junkie, can hardly wait.  With only a week to go…  Only a week to go?  Yes folks, the General Assembly season begins one week from today in Edinburgh, Scotland, with the convening of the General Assembly of the Church of Scotland.  Did I say I can hardly wait?  (Yeah, I’m pretty hard core about Presbyterian General Assemblies.  But if you have not figured that out from this blog I’m not doing my job.)

I’ll do a preview of that GA in the next day or two, but first this is also an important day for the Presbyterian Church (USA) General Assembly.

Yesterday marked the 45 day deadline before the convening of GA and according to the Standing Rules there is lots of stuff that has to happen by that day.  First, while the usual cut-off for submitted business is 60 days before the start, under rule A.1.b the Stated Clerk has the discretion to include business submitted up to the 45 day point.  (Note, this is the postmark date so there could be business to still arrive in the next few days.)  Forty-five days is also the cut-off for overtures [A.3.c.(3)], but the deadlines for constitutional changes and those with financial implications has already passed.  In addition, nominees for Vice-moderator must be announced [H.1.c.(1)] and challengers for the Stated Clerk election must declare [H.2.b.(3).(k)].  And in general, most papers, communications, commissioner committee assignments, and a lot of other routine items needed to by done by yesterday.

Let me move on to the business.  Taking the easy one first, I have heard of no other applicants besides Edward Koster who have declared that they are challenging the nominating committee’s selection Gradye Parsons for the position of Stated Clerk.

As for the Vice-moderator nominees, thanks to Moderator candidate Rev. Bruce Reyes-Chow we now know that the Rev. Diane Givens Moffett, pastor of St. James Presbyterian Church of Greensboro, NC, has been selected by the Rev. Carl Mazza as his Vice-moderator nominee.  I don’t see this announcement on his Moderator candidacy web site yet.  Rev. Moffett, according to the bio on her church web site, is a native of Oakland, CA, and her education was in the Bay Area as well with a degree from Berkeley and an MDiv and DMin from SFTS North.  She has been recognized for her preaching and if you Google her there are a lot of hits returned for her.  This rounds out the field of eight with seven clergy and one elder (way to go Roger!).  Now we wait for the election.

The committee leadership was formally announced earlier this week, but if you surfed around PC-biz, that has actually been posted there since my last update.  The committee leadership is very important, maybe the most important business aspect of GA.  Since all business is dealt with in committee first, and generally shaped there, how the committee functions is crucial.  In most cases the full assembly has neither the time nor the interest in doing anything more than fine-tuning a committee report.  In general, the committee report is adopted almost exactly as the committee presents it.  Pray for these people in leadership.

Well, that brings us to the business itself.  The total number of items in PC-biz is 283 and with 99 overtures last time the count now appears to be up to 109.  With numbers like that you can see why the Assembly must trust the committees.

I have been a bit connected to overtures 100, 101, and 102 which were submitted by my Synod and concern Hanmi Presbytery, a non-geographic Korean-language presbytery, and its churches.  Beginning with 102, which was assigned to Committee 3 – General Assembly Procedures, this overture asks for the continuation of Hanmi Presbytery on an indefinite basis.  The rational is interesting reading because it not only lays out the trials and tribulations Hanmi has been through, but it also describes the history of non-geographic presbyteries in the PC(USA).  Authorized in 1983 and established in 1984 Hanmi was to be a transitional presbytery (yes, the PC(USA) had transitional presbyteries, but that is another issue) with a ten year life time.  The status as a transitional presbytery was renewed for another 15 years, to expire in January 2009.  That was to be the last extension and instructions were given to develop a plan to transfer churches out.  In the mean time, non-geographic presbyteries were enshrined in the Book of Order by the church in 2001 by adding them to G-12.0102k so as to meet “mission needs.”  Now that non-geographic presbyteries are no longer a transitional structure, the request is for Hanmi to continue indefinitely.  But this is with the note that overtures 100 and 101 are requests to transfer churches out of Hanmi into Riverside and Pacific Presbyteries respectively.

It is interesting to note that the 217th GA in 2006 referred to the Committee on the Office of the General Assembly a request to study the feasibility of non-geographic synods, particularly Korean-American ones.  That referral is coming back as item 03-07 and recommends that when there are not enough congregations within the bounds of a synod for a non-geographic presbytery that congregations may join, with the permission of everyone in sight, a non-geographic presbytery in another synod.

Now, without financial implications or constitutional changes what is left?  Social witness policy of course.  Overture 103, from Pittsburgh Presbytery, is supporting single-payer universal health care.  Overture 105, from Santa Barbara Presbytery, asks that the PC(USA) becomes a non-partisan advocate for peace and would direct that the denominational offices not take sides.  And 106, also from Santa Barbara Presbytery, would have the 218th GA answer all overtures concerning Israel and Palestine with a single statement.  That statement says that the issues are complex and the PC(USA) will not take a position that favors one side or the other.  Furthermore, it calls on the church to pray for peace, render humanitarian aid, condemn terrorism, and advocate for a negotiated solution.

It is interesting that another group of overtures deal with disaster assistance in various ways.  Overture 104 from South Louisiana Presbytery asks the denomination to look into group wind and hail insurance policies.  Overture 107, from the Synod of the Sun, would thank Presbyterians throughout the country, and Presbyterian Disaster Assistance, for their help rebuilding the Gulf Coast communities.  And 108 addresses a current issue in the denomination, the incorporation of Presbyterian Disaster Assistance.  This overture, from Peace River Presbytery, instructs General Assembly Council to continue to move forward with the process of incorporating PDA.  At its meeting at the end of April the GAC voted unanimously not to incorporate PDA because they decided that things were good now and “if it ain’t broke, don’t fix it.”  They did keep the task force in place until September 2009.  It is not evident if this overture pre-dates or post-dates that vote.

Finally, overture 109, from Heartland Presbytery, asks the Stated Clerk to gather resources and examples of ordination examination procedures and materials for use across the church.  This is of course related to the PUP report and we will see if it is affected by other action the GA may take on PUP issues.

That is it for now.  I’ll be focusing on the Church of Scotland GA for the next couple of weeks but will try to also update the PC(USA) business if anything arises.

PC(USA) General Assembly Moderator Candidate Events

Over the last week there has been some local activity for the four candidates standing for Moderator of the 218th General Assembly of the Presbyterian Church (U.S.A.).

The series of events began with the attendance of the candidates at the regular meeting of the General Assembly Council in Louisville.  This seems to not so much be a “moderator” event as it is a “reality check.”  It gives the candidates an opportunity to see the state of the denomination one last time before GA, and it lets the “inner circle” of the denomination check out the candidates.  From these two days Bruce Reyes-Chow has posted some of his reflections.

After Louisville, all four traveled to New Jersey for two “meet-and-greet” events, one in the afternoon at Bloomfield College and one that evening at First Presbyterian Church of Lawrenceville.  The evening one is well covered, complete with pictures, by lead organizer Mark Smith in his blog Mark Time.  For full details and impressions check it out, but it had a great format with time for candidate’s remarks to the whole group, breaking up into four groups, one with each candidate and then rotate candidates, and finally an informal time to mingle.  In addition to Mark, candidate Carl Mazza has his own comments on his blog.

Finally, Bruce Reyes-Chow and Bill Teng were able to continue the “whistle-stop tour” with an event the next day at New York Avenue Presbyterian Church, in Washington, D.C.  You can find reflections on this event by Carol Howard Merritt on her blog Tribal Church.

All the comments are positive about these events and it sounds like a useful exercise to get the candidates together out in the “real world.”  So often we hear about the election at GA, those that did not get elected fade from view, and the Moderator is now someone out traveling the world on our behalf that we may read about, but usually don’t meet and who also has pretty much faded from view when the next GA rolls around.  Now I realize that even with the new two year terms of moderators, for them to visit every presbytery would require visiting an average of close to two presbyteries per week.  So getting face time with each of the two-million-ish members is not realistic.  But we in the particular church need to be attentive to our connectionalism more than the one week every-other year that GA is in session.

PC(USA) GA PJC Decision in Spahr v. Redwoods Presbytery: Reaction and Analysis

The publication Tuesday of the decision in the General Assembly Permanent Judicial Commission case 218-12, Jane Adams Spahr v. Presbyterian Church (U.S.A.) through the Presbytery of Redwoods has had a variety of reactions.  Early popular media articles, like this Reuters article or this WHAM-TV piece, basically picked up the story that the Rev. Spahr was cleared of the charges against her.

However, as the day went on the sophistication of the popular media reporting increased and is catching up with the discerning comments of Presbyterians familiar with the issues.  Among the first out with a story was the Presbyterian News Service whose article referred to the decision as “complicated.”  In a statement about the decision the Acting Executive Presbyter/Stated Clerk of Redwood Presbytery, the Rev. Robert Conover, refers to the decision as “nuanced and lengthy.”  In her own statement, the Rev. Spahr expresses her gratitude for the GA PJC upholding the original decision by the Presbytery PJC.  Later articles, such as one by the San Francisco Chronicle, began to recognize that Rev. Spahr’s acquittal is only the easy part of the story and there is still more there. The Chronicle writes “The ambivalent ruling –
affirming the rights of gays and lesbians to have their relationships
sanctioned by the church but not considering them equal to those of
heterosexual couples – is likely to disappoint both sides in the debate.”  And on the KGO-TV web site they write “Tuesday’s ruling is a complicated, split decision. It essentially
clears Reverend Spahr of disciplinary charges, saying she can’t be
found guilty of doing that, which by definition, cannot be done — the
marriage of gay couples. However, they say no one should try it again.”

As for official reaction, the Office of the Stated Clerk on Tuesday updated the Advisory Opinion 7 on Ceremonies Blessing Same-Sex Relationships to reflect this new decision.

Reaction from the web and blogosphere is still developing.  Most progressive web sites that have posted something, like That All May Freely Serve and JustPresbys, are pretty much linking to or quoting other statements or reports.  In the next few days we are likely to see more official statements from these groups.  On his blog the Rev. Ray Bagnuolo recognizes this as a victory, but only a beginning for the cause of equality for LGBT individuals.  Finally, the Rev. John Shuck and the Rev. David Fischler on each of their respective blogs from very different ends of the theological spectrum call this an “odd” and “bazaar” decision.

After reading it through a few times I must agree with them.  After putting together the available pieces, it seems to me that this was a divided PJC and they made the effort to put together a central kernel that they could all affirm and then five of the twelve commission members put together a dissent to the other significant part of the decision.  In addition, there are three other concurring decisions that comment on other parts of the decision.

The real focal point of this decision is Specification of Error No. 1 and No. 2.  Error 1 is that the Synod PJC should not have concluded that same sex marriages are prohibited by Presbyterian polity and Error 2 is that Rev. Spahr committed a disciplinary offense.  The GA PJC recognized that the Book of Order in W-4.9001 and the 1991 Authoritative Interpretation (see Advisory Opinion 7) prohibit ceremonies that represent marriages between persons of the same sex but other commitment or blessing ceremonies are not prohibited.  They also cited that marriage is between a man and a women as stated in W-4.9001.  It would then appear that all of the members of the PJC agreed on the following statements:

The ceremonies that are the subject of this case were not marriages as the term is defined by W-4.9001. These were ceremonies between women, not between a man and a woman. Both parties acknowledged the ceremonies in question were not marriages as defined by the Book of Order.

The SPJC found Spahr guilty of doing that which by definition cannot be done. One cannot characterize same sex ceremonies as marriages for the purpose of disciplining a minister of the Word and Sacrament and at the same time declare that such ceremonies are not marriages for legal or ecclesiastical purposes.

The PPJC was correct in finding that by performing the two ceremonies at issue, Spahr did not commit an offense as charged. Therefore, the SPJC erred in determining that Spahr was guilty of violating W-4.9001 or the 1991 AI.

And at the end of the section the decision says:

In summary, Specification of Error No. 1 is not sustained because by definition, “marriage is . . . between a man and a woman.” (W-4.9001) Specification of Error No. 1 and Specification of Error No. 2 are sustained because W-4.9001 does not state a mandatory prohibition on performing a same sex ceremony. The charge was for performing a marriage ceremony, which by definition cannot be performed.

So, if I read this correctly the question is not whether you intend to conduct a ceremony that you are calling a marriage or view as being equivalent.  The question is whether you did conduct a marriage ceremony.  Since same-sex couples, by definition of W-4.9001, can not be in a relationship called marriage, it is impossible to conduct such a ceremony and therefor no charges can be filed.  (And it appears that by this logic can never be filed.) So “poof,” under PC(USA) polity there is now no such thing as same-sex marriage.

As I look at this decision, this seems to be the mental gymnastics that were necessary to get a unanimous decision.  In addition, the sentence “Both parties acknowledged the ceremonies in question were not marriages as defined by the Book of Order” appears to be carefully constructed to be conditional on the Book of Order definition because it is made clear in the history of the case that Rev. Spahr intended these to be marriages and the evidence includes the fact that she signed a “Certificate of Marriage” in each case.  Even now, in her statement following the decision, she consistently uses the term “marriage” to describe her ministry.

But if you look at the substantive parts quoted above the real emphasis is on Book of Order W-4.9001.  The dissenting opinion by five of the members of the commission takes issue with the additional verbiage in this section that tries to expand on W-4.9001 using the 1991 AI or a previous PJC decision.  W-4.9001 talks about marriage and always refers to it being between a man and a woman.  There is no reference to the ceremony itself in this section or to any other ceremonies that may be for same-sex couples.  Strictly the constitution does not prohibit or regulate same-sex ceremonies except to say they are not marriages.   The 1991 AI and the previous Benton decision do make reference to the ceremony, that it should not be the same as a marriage ceremony and that it would be improper to use the church for such a ceremony.  This decision in the Spahr case extends this by saying:

In holding that Spahr was not guilty as charged, this Commission does not hold that there are no differences between same sex ceremonies and marriage ceremonies. We do hold that the liturgy should be kept distinct for the two types of services. We further hold that officers of the PCUSA authorized to perform marriages shall not state, imply, or represent that a same sex ceremony is a marriage. Under W-4.9001, a same sex ceremony is not and cannot be a marriage.

The five members of the commission who signed the dissent take issue with this extension.  They argue:

In rendering its decision, the majority has taken the liberty of legislating in the guise of interpreting inconsistencies between W-4.9001 on the one hand, and the 1991 Al and this Commission’s decision in Benton v. Presbytery of Hudson River, Remedial Case 212-11 (2000), on the other hand. For the reasons stated herein, we respectfully concur in the result of the majority, but disagree with the decision of the majority to the extent that it rests on the 1991 AI or Benton.

This seems to hearken back to the recent GA PJC decisions on the 2006 AI concerning declarations of exceptions in ordinations.  The idea is that the constitution is primary and AI’s and PJC decisions should not be used to extend the reach of the constitution.

On the other side, three commissioners in a concurring opinion write, in total:

We join in the foregoing Decision and Order (Decision). We understand the Decision to be an authoritative interpretation of W-4.9001, to mea
n that officers of the PCUSA who are authorized to perform marriages shall not hereafter perform a same sex union ceremony in which or with respect to which such officer states, implies or represents to be a marriage or the equivalent thereof. While the Commission did not find Spahr guilty as charged herein, in part because her conduct occurred under prior authoritative interpretations, we understand that future noncompliance with the authoritative interpretation of the Decision will be considered to be a disciplinable offense.

So, now that it is in the books, you have been warned and don’t do it again.

For the polity wonks, an interesting polity point is that the GA PJC dismissed arguments base on Benton right from the start of the decision in the Preliminary Statement pointing out that Benton resulted from a remedial case and this was a disciplinary case so it was not relevant case law.  With the exception of reference to it in the dissent I have not found other reference to Benton in the rest of the decision section.

In the reasoning on Errors 1 and 2 the main opinion continues on for roughly another page discussing Rev. Spahr’s ministry and the part of marriage ceremonies in it.  It acknowledges her sense of call to “participate in a caring and compassionate ministry to persons who have been marginalized, who are faithful Christians, and who wish to be accepted in every way as full members of the body of Christ.”  It also says that the Rev. Spahr may consider herself acting in the role of a prophet to the church, and points out that the role of a prophet contains risks and carries consequences.  The decision goes on to say “It is the burden of a church officer to accept the consequences of his or her actions that are the ecclesiastical equivalent of civil disobedience.”  The third of the concurring opinions expands on this and the Book of Order basis for it, even further.

The rest of the decision is fairly routine, procedural, and straight-forward.  Most errors were rendered irrelevant once Rev. Spahr was cleared in the first section.  It was noted that for Error 3 there was no disciplinary action to be taken, but originally the Synod PJC was out of place imposing a punishment and it should have remanded the case back to the Presbytery PJC for the consequences.  And it noted that while Rev. Spahr on appeal had referred to the 2006 AI, that was irrelevant because that applied only to conscience issues related to ordination standards.  Error 6 also refers back to conscience but the decision replys “Submission to the current standards of the church may not always be comfortable, but it is not optional.”  Finally, Error 7 was about a member of the Presbytery PJC and whether they should have been disqualified from serving on the case.  The decision says it was correct to let them go ahead and serve but a concurring opinion says that while it may be procedurally correct, for the appearance of a fair decision disqualification would have been wise.

So that is the decision, but where does that leave us?  As one statement said, this seems to imply a “separate but equal” structure in the PC(USA).  The ceremonies just can not look the same.  Rev. Spahr says that she will continue conducting “marriages.”  It also seems like muddled case law that neither side in the debate will be comfortable with.  It seems ripe for clarification and expansion by a future GA PJC.  And the similar case of the Rev. Janet Edwards in Pittsburgh Presbytery is awaiting a trial date.  It will be interesting to see how this as case law influences that decision.

Breaking news: PC(USA) GA PJC finds for Spahr in Same-sex Unions Case

The decision in the Presbyterian Church (U.S.A.) General Assembly Permanent Judicial Commission case 218-12, Spahr v. Presbytery of the Redwoods was issued shortly after noon Pacific Time.  The decision is posted.

Bottom line:  Rev. Jane Spahr was found not guilty of conducting “same-sex marriages.”

Quick and dirty summary of the legal reasoning:  The Book of Order prohibits same-sex weddings but permits blessing same-sex unions.  These were not weddings, there for Rev. Spahr should not be disciplined.  Here is a quote from the decision:

The ceremonies that are the subject of this case were not marriages as the term is defined by W-4.9001. These were ceremonies between women, not between a man and a woman. Both parties acknowledged the ceremonies in question were not marriages as defined by the Book of Order. It is not improper for ministers of the Word and Sacrament to perform same sex ceremonies. At least four times, the larger church has rejected overtures that would prohibit blessing the unions of same sex couples. By the definition in W-4.9001, a same sex ceremony can never be a marriage. The SPJC found Spahr guilty of doing that which by definition cannot be done. One cannot characterize same sex ceremonies as marriages for the purpose of disciplining a minister of the Word and Sacrament and at the same time declare that such ceremonies are not marriages for legal or ecclesiastical purposes.

Later in that section the PJC seems to reason their way out by saying “The charge was for preforming a marriage ceremony, which by definition cannot be preformed.”  It sounds like they are saying that no one can ever be found guilty of preforming a “same-sex marriage ceremony” because there is no such thing in Presbyterian polity.

Where does this leave us?  In my quick reading it appears that this decision has maintained the status quo:  no weddings but there may be blessings.

Reaction:  I have seen none yet but I suspect in the next couple of hours there will be a reasonable amount.  I would also guess that while there will be some approval on the progressive side that Rev. Spahr was acquitted, I also suspect that neither progressive nor conservative side will be satisfied because it appears that this decision dodges the issue of breaking ground and brings no additional clarity or precedent to what a “wedding” is.

My initial take:  The GA PJC seems to be operating in the same mode it has in other decisions by crafting a central body that the whole commission can sign on to.  This one appears a bit more frayed at the edges than the others because there are four minority reports, one of which dissents with regard to certain parts of the main decision.

Now, I’ll get back to work and analyze this decision in more detail on my commute home.  More later.

Synod of the Sun (PC(USA)) Establishes Administrative Commission for Presbytery of South Louisiania Property Cases

The big news over the weekend in the Politics of Presbyterianism was that the Synod of the Sun established an administrative commission to work with the Presbytery of South Louisiana regarding the Presbytery’s handling of church property cases.

Background
Back on October 28, 2007, the membership of First Presbyterian Church of Baton Rouge, LA, voted 422-60 to leave the Presbyterian Church (U.S.A.) and transfer to the Evangelical Presbyterian Church (EPC).  It is interesting to note that the pastor of the church is the Rev. Gerrit Dawson, who is co-moderator of the New Wineskins Association of Churches along with the Rev. Dean Weaver.  Rev. Weaver’s church, Memorial Park Presbyterian Church in Allison Park, PA, just came to terms with Pittsburgh Presbytery concerning its release to the EPC.

The total number voting at the meeting, 482, represents only one-quarter of the membership of the church according to the article published by the Presbyterian News Service.

The significant piece of background noted in that article is that the Presbytery of South Louisiana had granted to First Presbyterian clear title to their property roughly a year before the vote so the church was free to take their property with them without further legal action or negotiation.

Synod Meeting
The published facts in this action are from a single source, a Synod of the Sun news story about the matter on the Presbyterian Neighbor News.  The action appears to have been taken at a twice-annual stated meeting of the Synod of the Sun but the packet for the meeting does not contain any advanced information about this business.

The news story says that in a letter to the Synod Executive dated April 8 presbytery pastors and elders “expressed a concern regarding our presbytery’s leadership,
particularly pertaining to the presbytery’s response to churches
seeking title to their properties.”  The letter “further stated that presbytery leaders gave insufficient
consideration to denominational protocols on such matters and gave
insufficient consultation with other churches.”  Finally, the letter is said to ask for an administrative commission to look into this.

According to the article the next step was a meeting:

Synod Executive Judy Fletcher met with members of the presbytery
council of South Louisiana, April 22, and said they concurred that
outside consultation would be helpful. The council sent a letter to
synod supporting an administrative commission but asking that the power
of original jurisdiction not be given.

The news story says that this past weekend those at the Synod meeting unanimously approved the administrative commission:

Synod commissioners established an administrative commission charged
with determining the “validity of the presbytery’s procedures and
decisions (past, pending, and future) regarding various congregations
and their properties.”

The synod document further stated that
“All pending and future decisions regarding property in the Presbytery
of South Louisiana shall require the approval of the commission.” The
commission shall also listen to expressions of concern regarding the
presbytery’s leadership and suggest ways the presbytery can move toward
a fuller expression of the ministry of Christ’s Church.

Reaction
I probably don’t need to tell you that from the conservative quarters of the PC(USA) the reaction has been swift and strong.  With the past history of the “Louisville Papers” and the perception of the Office of the General Assembly wanting to hold onto the property at all costs this appears as top-down punitive and corrective action on the Presbytery for being gracious and pastoral with churches that wanted to depart the denomination.  In particular Bill Crawford at Bayou Christian, Toby Brown at A Classical Presbyterian, David Fischler at The Reformed Pastor, and Michael McCarty at Around the Scuttlebutt have particularly negative views of this action and the possible conspiracy with Louisville it represents.

Comments
On one level this action can just be viewed as the way that our connectional system operates.  When there is a disagreement on one level we move up to the next-higher governing body to get help and direction from the collective wisdom of that body to help us get around a disagreement or rough patch.  Not knowing any facts from other sources, and ignoring that a controversial topic is in play here, the sequence of events, steps taken, and the unanimous vote, all would make it appear that this is our Presbyterian system working properly, decently, and in order.

But as the reaction in the blogosphere demonstrates this is a loaded topic.  It is my view that there has been a disconnect between the national structure of the PC(USA) and the “people in the pews” which makes an action like this, even if innocent, appear disciplinary and controlling.  And with the Louisville Papers in circulation this can also be interpreted as conspiratory.  The press release is carefully crafted and with no other sources to go on it appears that a concerted effort was made to put a controlled positive public relations spin on this.  The two areas of concern for me are the short lead time which prevented information from being in the advanced packet, and that the only governing body to speak on this is the Synod of the Sun and there is no comment from the Presbytery of South Louisiana.

But related to both the “innocent” and the “conspiratory” interpretations of this action is a question I always ask:  Is an administrative commission the best option?  I always keep in mind that an administrative commission like this one is the second most powerful action a governing body can take regarding a lower governing body.  It is only out-done by an administrative commission that is granted the power of “original jurisdiction.”  In a real sense this can be the “Ecclesiastical Nuke” that Rev. Fischler refers to it as.

For those readers who may not understand the full implications, in Presbyterian lingo a “commission” is a group elected and given certain powers and responsibilities to act on behalf of and with the authority of the governing body that created it.  When granted original jurisdiction, the commission can take full control of the lower governing body.  When a presbytery establishes an administrative commission to work with a church, if that commission has original jurisdiction they can set themselves up as the session of the church if they decide it is necessary.  In general Presbyterians have two types of commissions, administrative and judicial.

So, was an administrative commission the best option?  Not being there and having all the facts I can not say.  I will say that when I was working with my presbytery, particularly as the moderator of the Committee on Ministry, it was my view and experience that an administrative commission was a last resort.  Creating one to work with a church was often viewed as a power play by the presbytery much as this is viewed in some quarters as a power play by the synod.  Yes, there are cases were a body with the authority was needed and yes there are cases where an administrative commission is welcomed.  But I have found that beginning with task forces, listening teams, or discussion groups was at least a “kinder and gentler” way to begin the process.  Showing up at the door as an administrative commission, however well intentioned, was not always viewed as a friendly gesture.  “Hi.  We’re from the presbytery and we are here to help you.”

I was aware that in other presbyteries and other synods some of my counterparts felt that administrative commissions were the way to go.  The idea was to send in the big guns, get things cleaned up quickly, and get out.  (Commando Presbyterian governance?) 

Maybe they are right but it never sat well with me both from a connectional and pastoral perspective.  This is a view reaffirmed by a friend of mine at a recent presbytery meeting where the administrative commission he was chairing made their final report and was dismissed.  After delivering the final report he was allowed some personal comments in which he said that administrative commissions are a painful solution in many situations and while they sometimes may be necessary they should only be used as a last resort.

Preach it brother!

Upcoming PC(USA) General Assembly — Late April Update

There have been enough events happening this week that I thought it worthwhile updating the preparations for the 218th General Assembly of the Presbyterian Church (U.S.A.).

Probably the biggest single news item, one worthy of a Presbyterian News Service article, is that at least one individual, the Rev. Edward Koster, Stated Clerk of Detroit Presbytery, will challenge the search committee nominee, Rev. Gradye Parsons, for the job of Stated Clerk of the General Assembly.  Rev. Koster has served 13 years as a Presbytery stated clerk and in addition to his theological training he is also a lawyer.  The News Service article quotes Rev. Koster from a prepared statement as saying “I believe that while our leadership has been faithful and competent, it
has increasingly strayed from the core of the church. If I am called to
serve, I believe I can make a difference.”

The blogosphere has had some response to this challenge.  In particular the Rev. Bob Davis of San Diego Presbytery has an analysis of the process from his perspective and concludes that the process as it currently stands limits the commissioners’ exposure to the challengers and favors the committee nominee.  The Rev. Davis has some experience with this, having been one of the challengers to Rev. Clifton Kirkpatrick when he was last re-elected by the 216th General Assembly in 2004.  In a follow-up post today Rev. Davis suggests some changes to the Standing Rules to improve the process.  Specifically, he wants more time for conversation between the candidates and the commissioners and delegates and so suggests establishing a commissioner committee to interview the candidates.  While I don’t have my materials in front of me, it is my memory that was the process at the preceding election at the 212th General Assembly (2000).  I would also note that the Rev. Davis appears to be a commissioner to General Assembly from San Diego presbytery so he may be in a position to do something about his suggestion.

There are some additional reactions on blogs to the Stated Clerk election, including Quotidian Grace and Spoiled Dinner Party that express concern about the choice of an insider as the committee nominee at this point in time and they welcome the challengers.  The other 12 applicants who were not selected by the nominating committee have until May 7 to declare if they also wish to challenge.

Another place there has been activity is on the business system PC-biz.  The big news is that overnight the members of the committees were added to the system.  In scanning through the lists I recognize a bunch of names, like the Rev. Davis who will be on Committee 8, Mission Coordination and Budgets.  For the candidates for Moderator and Vice-Moderator, Rev. Carl Mazza is on Committee 4, Church Polity; Rev. Byron Wade is on Committee 5, Church Orders and Ministry; Rev. Tamara Letts, Committee 13, Theological Issues and Institutions; Rev. Peter deVries, Committee 14, Review of GA Permanent Committees; Rev. Bruce Reyes-Chow and Rev. William Teng, Committee 16, Worship and Spiritual Renewal (note: these are supposed to be random assignments so someone from Presbyterians for Renewal on the Spiritual Renewal Committee is coincidence); and Elder Roger Shoemaker on Committee 17, Youth.  Those that are elected Moderator and Vice-moderator will not serve on their committee so they may moderate the committee report impartially.

As far as the business is concerned, almost all overtures and recommendations have been assigned to committees at this point.  There is one new overture, 99, also known as business item 11-23, from the Presbytery of San Francisco.  The title is “On Divestment from Caterpillar, Inc., and Motorola, Inc., for Profiting from the Israeli Military Occupation of Palestine Territories” which pretty much says it all.  It is also interesting to note that two more overtures have been withdrawn:  Overture 4 on clarifying the Rules of Discipline about pronouncing censure and Overture 75 on temporary suspension of military aid to the State of Israel.  No reasons for withdrawal given.

In other news related to the Moderator election, the Candidates Forum at First Presbyterian Church of Lawrenceville, NJ, is tomorrow night and I look forward to comments and impressions from any of the candidates, from Mark Smith on his blog Mark Time. or from any other blogger who makes it to the event.  And thanks to Mark for putting this event together.  Being on the left coast I don’t think I’ll be making it myself.  Also, I continue to watch but have not seen word yet on Rev. Mazza’s nominee for Vice-Moderator.

Finally, the denomination has announced the prayer emphasis for the week before GA highlighted by a road trip by Tammy Wiens-Sorge, Associate for Spiritual Formation and Stephany Jackson, Coordinator for Congregational Leadership, traveling from Louisville to San Jose.  For six months now I have been steeling myself for all the upcoming references to that old song about San Jose and the title of this effort, Praying Our Way To San Jose, comes pretty close to the first authentic reference I have heard.  But I have to agree with Joan Gray, Moderator of the 217th General Assembly, when she says in her message on the web page “If you haven’t already, start praying now!”  I could not agree more.