A much anticipated ruling by the General Assembly Permanent Judicial
Commission of the PC(USA) was released today.  In ruling on Session
of Colonial Presbyterian Church, Kansas City, Missouri v. Session of
Grace Covenant Presbyterian Church, Overland Park, Kansas, the GAPJC overturned the rulings of the PJC’s of Heartland Presbytery and the Synod of Mid-America PJC’s.

The case originated from the Session of Colonial Presbyterian Church’s
claim that in examining individuals for ordination as deacons and
elders they did not properly inquire into whether their lifestyle was
in compliance with section G-6.0106b of the Book of Order as guided by
the GAPJC case of Wier v. Session, Second Presbyterian Church of Ft.
Lauderdale, FL.

The Presbytery PJC dismissed the complaint for “failure to state a
claim upon which a relief can be granted” and the Synod PJC
agreed.  They ruled that Colonial had not provided substantial
grounds for filing a complaint beyond the initial allegation.

The GAPJC found that for the purpose of going forward to trial a PJC must accept allegations as true.  Specifically:

There are sufficient allegations presented in this
Complaint, that, if assumed true, would state a claim upon which relief
could be granted. The assumption of truth of alleged facts is only for
the purpose of determining this preliminary jurisdictional question.
The ultimate determination of whether or not those facts alleged are
indeed true is properly left to the trier of fact. If it is determined
that the session’s examination of elders-elect was not sufficient, then
the presbytery has the authority to require that future examinations be
conducted in compliance with the Constitution.

The case has been sent back to the presbytery PJC for trial before July 1, 2007.

The PC(USA) news service has issued a press release on the story.

Comment:  While this is a procedural ruling and the Presbytery PJC will be rehearing the case, it strikes me that this decision lowers the bar, or clarifies where it is, and will have wider application in cases that will get heard by PJC’s.  It is too early to see how much this will raise the case load for PJC’s.