Since the voting in the Presbyterian Church (U.S.A.) on Amendment 10-A swung towards the affirmative I have had a number of people asking me, in one way or another, “So what will it mean?”  Well let me tackle that question with what I understand to be the knowns and the unknowns of the polity implications.

And as the voting gets down to just a few more votes required for approval there appears to be enough of this uncertainty circulating that the Office of the General Assembly has issued a Frequently Asked Questions paper.  The interesting thing is that I have not found it on the OGA web site yet, but it is being posted by presbyteries.

Now, this will become very polity wonkish very fast so if all you want is my opinion, and that is all that this discussion is, I do think that the new wording of the section we currently know as G-6.0106b shifts the responsibility back to the presbyteries and in doing so opens up the denomination for more local interpretation of ordination standards.  I also think that the moment there is more local interpretation there will follow the need for new GA Authoritative Interpretation, whether it comes from the Assembly or the Permanent Judicial Commission.

Let me first set out my presumptions that are going into the discussion leading to this conclusion:  1) Amendment 10-A becomes part of the Book of Order replacing the current G-6.0106b, the “fidelity and chastity” section. 2) The New Form of Government passes (currently leading 69-59 in the official tally and 72-65 on an unofficial one. 3) The Belhar Confession is not affirmed by 2/3 of the presbyteries. 4) The Authoritative Interpretation associated with the Report of the Task Force on Peace, Unity and Purity is still in affect. 5) That procedural aspects of GAPJC decisions related to the PUP AI are still in place. 6) That other GAPJC decisions regarding (i) ordination standards (with the one exception noted below) and (ii) marriage are still valid.

The best place to begin is probably with the wording of the proposed G-6.0106b:

Standards for ordained service reflect the church’s desire to submit joyfully to the Lordship of Jesus Christ in all aspects of life (G-1.0000). The governing body responsible for ordination and/or installation (G-14.0240; G-14.0450) shall examine each candidate’s calling, gifts, preparation, and suitability for the responsibilities of office. The examination shall include, but not be limited to, a determination of the candidate’s ability and commitment to fulfill all requirements as expressed in the constitutional questions for ordination and installation (W-4.4003).  Governing bodies shall be guided by Scripture and the confessions in applying standards to individual candidates.”

First, some clean-up – Since the New Form of Government is being used for this exercise this is no longer G-6.0106b but is now G-2.0104b.  The reference to G-1.000 is now a little tricky since it refers to a whole chapter which exists in a new form.  The reference could be pointed to the beginning of the material that is in the old form which would now be at F-1.0200.  In general the wording has not changed but the change in position means the “Lordship of Jesus Christ in all aspects of life” has been pushed down in priority and the missional nature of the Church now gets top billing. 

Section G-14.0240 is now G-2.0402 and for this analysis appears to contain identical material regarding the examination for ordered ministry as a ruling elder or deacon.  The reference to G-14.0450 is regarding the final assessment for teaching elder and has been substantially reduced to remove the procedural items. However, I don’t see that these changes resulting in the new section G-2.0607 have substantial consequences relative to this amendment.  And the reference to the directory for worship (W-4.4003) remains the same.

Let me make just a couple of brief observations about the actual wording of the amendment.  The first is that it does explicitly make reference to installation, as well as ordination, of officers.  The second point is the inclusion of the phrase “shall examine.”  The old language was about the standards and the examination was left to other parts of the Book of Order, but always with the “shall” condition. Having said that, this adds a bit of required territory to the examination.  For ruling elders and deacons the Book of Order says in G-2.0402

…the session shall examine them as to their personal faith; knowledge of the doctrine, government, and discipline contained in the Constitution of the church; and the duties of the ministry.

And this section now adds

…shall examine each candidate’s calling, gifts, preparation, and
suitability for the responsibilities of office. The examination shall
include, but not be limited to, a determination of the candidate’s
ability and commitment to fulfill all requirements as expressed in the
constitutional questions for ordination and installation (W-4.4003).

(Anybody want to submit an overture either consolidating this or adding the cross-reference to G-2.0402?)

The final point I want to make here is what I see as the awkwardness of the final sentence relative to our ordination language.  The new language says “Governing bodies shall be guided by Scripture and the confessions…” while the ordination questions in W-4.4003 uses slightly different language:

d. Will you fulfill your office in obedience to Jesus Christ, under the authority of Scripture, and be continually guided by our confessions?

These may or may not be at odds with each other, but it will clearly be a point of discussion for some polity wonks.

The stated objective of this change, as expressed by the advice from the Assembly Committee on the Constitution is:

This overture seeks to restore the ordination practice and principles
affirmed in the Adopting Act of 1729, the paradigm through which the
tension between the differing points of view and the unity of the church
have been maintained through much of our denomination’s history.

And what is the Adopting Act of 1729?  This was an agreement by the members of the Synod of Philadelphia (at the time the highest governing body) about ordained officers agreeing to the Westminster Standards or being examined on their departures.  The preliminary notes to the Act include this:

And we do also agree, that all the Presbyteries within our bounds shall
always take care not to admit any candidate of the ministry into the exercise
of the sacred function, but what declares his agreement in opinion with
all the essential and necessary articles of said Confession, either by
subscribing the said Confession of Faith and Catechisms, or by a verbal
declaration of their assent thereto, as such Minister or candidate for
the Ministry shall think best. And in case any Minister of this Synod,
or any candidate for the ministry, shall have any scruple with respect
to any article or articles of said Confession or Catechisms, he shall
at the time of his making said declaration declare his sentiments to the
Presbytery or Synod, who shall, notwithstanding, admit him to the exercise
of the ministry within our bounds and to ministerial communion if the
Synod or Presbytery shall judge his scruple or mistake to be only about
articles not essential and necessary in doctrine, worship or government.
But if the Synod or Presbytery shall judge such Ministers or candidates
erroneous in essential and necessary articles of faith, the Synod or Presbytery
shall declare them uncapable of Communion with them.

Having that as a historical basis the 217th General Assembly adopted an Authoritative Interpretation recommended by the Theological Task Force on Peace, Unity and Purity which said:

a. The Book of Confessions and the Form of Government of the Book of Order set forth the scriptural and constitutional standards for ordination and installation.

b.
These standards are determined by the whole church, after the careful
study of Scripture and theology, solely by the constitutional process of
approval by the General Assembly with the approval of the presbyteries.
These standards may be interpreted by the General Assembly and its
Permanent Judicial Commission.

c.
Ordaining and installing bodies, acting as corporate expressions of the
church, have the responsibility to determine their membership by
applying these standards to those elected to office. These
determinations include:

(1)
Whether a candidate being examined for ordination and/or installation
as elder, deacon, or minister of Word and Sacrament has departed from
scriptural and constitutional standards for fitness for office,
(2) Whether any departure constitutes a failure to adhere to the essentials of Reformed faith and polity under G-6.0108 of the Book of Order, thus barring the candidate from ordination and/or installation.

Whether
the examination and ordination and installation
decision comply with the constitution of the PCUSA, and whether the
ordaining/installing body has conducted its examination reasonably,
responsibly, prayerfully, and deliberately in deciding to ordain a
candidate for church office is subject to review by higher governing
bodies.

e. All parties
should endeavor to outdo one another in honoring one another’s
decisions, according the presumption of wisdom to ordaining/installing
bodies in examining candidates and to the General Assembly, with
presbyteries’ approval, in setting standards.

At the present time this AI is still in effect, with certain modifications as noted below.

As presbyteries began working through this some of their procedures were challenged and several resulting remedial cases were summarized in the Bush v. Pittsburgh decision.  While this decision gave us several polity points, there are four relevant points, only the first of which will be nullified by the passage of 10-A.

1. Candidates and examining bodies must follow G-6.0108 in reaching determinations as to whether the candidates for ordination and/or installation have departed from essentials of Reformed faith and polity. Such determinations do not rest on distinguishing “belief” and “behavior,” and do not permit departure from the “fidelity and chastity” requirement found in G-6.0106b.
2. The freedom of conscience granted in G-6.0108 allows candidates to express disagreement
   with the wording or meaning of provisions of the constitution, but does not permit disobedience to those behavioral standards. (quoted from the SJPC decision)
3. Ordaining and installing bodies must examine candidates for ordination and/or installation individually.
4. 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; and are themselves an obstruction to constitutional governance in violation of G-6.0108a.

With the modification of G-6.0106b the part of the Bush decision which says “The church has decided to single out this particular manner of life standard and require church wide conformity to it for all ordained church officers” will be out of date and irrelevant.

Regarding point 2 above, this has been a point of, shall we say “discussion,” between GA entities as  the 218th GA affirmed, in response to the Bush decision, that a departure can be in belief or practice.  And clearly point 3 from Bush is still applicable, as evidenced by the fact that the OGA FAQ makes repeated reference to needing to do examinations on a case-by-case basis.

There are several other relevant decisions on which the GAPJC mostly delivered procedural decisions that clarified that the examination regarding a declared exception must come at the same time as the final examination for ordination.  It would seem that this provision must still hold if a candidate sees a need to declare a departure in a particular presbytery.

Finally, it is interesting to note that the Sallade v. Genesee Valley decision may still be relevant.  This decision pre-dates the Book of Order “fidelity and chastity” language and was argued on the basis of the Interpretations of 1978 and 1979.  While the “fidelity and chastity” language appears to be gone, and the General Assembly has eliminated the earlier Interpretations, for a presbytery that finds that an active same-sex lifestyle does not reflect “…the desire to submit joyfully to the Lordship of Jesus Christ in all aspects of life,” the GAPJC’s finding may still be applicable: “Therefore, this commission holds that a self-affirmed practicing homosexual may not be invited to serve in a Presbyterian Church (U.S.A.) position that presumes ordination.”  On the other hand, since this decision is based on Interpretations which are no longer in effect it may need to be completely relitigated. The other polity aspect that could make this decision irrelevant is the fact that it addresses call and 10-A is about membership.  While these two parts are closely linked, in our polity they are different steps in the process.

So, at this point the general agreement seems to be that there is no longer any specific prohibitions in the Book of Order to ordination and installation but that each ordaining body, Session or Presbytery, “…shall be guided by Scripture and the confessions in applying standards to individual candidates.”

In that light I think we are all well aware that a particular governing body could come down on either side of the question as to whether a self-affirmed practicing homosexual would meet the church’s “standards.”  The arguments from Scripture are well rehearsed at this time and attendance at your presbytery meeting where Amendment 10-A was voted upon is probably all that is necessary if you want to get an introduction to them.  The confessions are a bit quieter on the question.  The Heidelberg Catechism revision is not completed yet so the controversial wording is still present there, but with the knowledge that the new translation will probably temper that language.  It appears we do not yet have the Belhar Confession officially adopted to provide a model of broader inclusion of individuals as an extension of the racial inclusivity it speaks of.  And when the confessions speak of marriage it is usually in the context of “one man and one woman,” (e.g. 5.246, 6.131 & 6.133 ) or as an eschatological image.

While the Book of Order is not cited as a source of guidance here, the argument for “fidelity and chastity” as a standard could be made by extension of the definition of marriage in W-4.9001.  On the other hand, those who are arguing for inclusion can appeal to new language in section F-1.0403 where it says:

The unity of believers in Christ is reflected in the rich diversity of the Church’s membership. In Christ, by the power of the Spirit, God unites persons through baptism regardless of race, ethnicity, age, sex, disability, geography, or theological conviction. There is therefore no place in the life of the Church for discrimination against any person. The Presbyterian Church (U.S.A.) shall guarantee full participation and representation in its worship, governance, and emerging life to all persons or groups within its membership. No member shall be denied participation or representation for any reason other than those stated in this Constitution.

So, if an explicit reason for exclusion has now been removed from the Constitution and no specific reason is listed, an argument could be made that now there must not be a barrier to ordination.

(For reference, this section is based on the old section G-4.0403 which said:

The Presbyterian Church (U.S.A.) shall give full expression to the rich diversity within its membership and shall provide means which will assure a greater inclusiveness leading to wholeness in its emerging life. Persons of all racial ethnic groups, different ages, both sexes, various disabilities, diverse geographical areas, different theological positions consistent with the Reformed tradition, as well as different marital conditions (married, single, widowed, or divorced) shall be guaranteed full participation and access to representation in the decision making of the church. (G-9.0104) )

I could go on, but suffice it to say that governing bodies will now have to wrestle with the ambiguity and different interpretations and understandings that the theological breadth of the PC(USA) embraces.  But lets tackle one more question…

What happens when a presbytery says “No!”?

I think that this is really the question that is on everyone’s minds and I think that over-all this will be an uncommon occurrence.  Most of the individuals and governing bodies are politick enough to try to defuse this before it becomes an issue.  However, I think that it is almost certain that there will be a case in the next few years that will be brought to a synod PJC as a remedial case.

It should be noted that the OGA FAQ is clear about this point:

6. What practical changes will we see?< br>

If pastors, elders, and deacons who are ordained in one area move to another location, they shall be examined by that ordaining body before being able to take up their office. That body may choose to apply ordination standards differently from the officer’s previous body.

7. Is the ordination of sexually active gays and lesbians mandated?

No, it is not required, but it is no longer prohibited by specific Constitutional language.

12. May a presbytery continue to function with the standard of “fidelity in marriage between a man and a woman or chastity in singleness” when examining candidates for ordination?

Yes, as long as the application is on a case by case basis. The new language calls the ordaining body to be guided by Scripture and the confessions in applying ordination standards to each candidate.

13. Is a presbytery required to receive, by transfer of membership, an ordained sexually active gay or lesbian minister?

No, each presbytery determines which ministers to receive into its membership.

But, this would be just an opinion expressed by the OGA.  This is not a binding interpretation since that can only come from the Assembly or the GAPJC and they could decide differently on these questions.  (In fact, the two entities have been issuing different Interpretations on declared exceptions relative to practice as well as belief.)  To resolve the uncertainty will require a test case to go through the judicial system, an Authoritative Interpretation from the Assembly, or more definitive language added to the Book of Order.

As I indicate above, I think that there are enough Interpretations currently in place that a presbytery’s decision against a candidate, provided that the presbytery actually followed the detailed procedures the GAPJC has laid down so far, would withstand the challenge.  I think that this is particularly true of a candidate for ordination.  There is a “wildcard” regarding the decision most likely to arise in regards to an ordained teaching elder who is a candidate for an installed position in a different presbytery.  The issue that the American Presbyterian Church has always had with presbyteries deciding standards going all the way back to the Adopting Act is what we now have as F-3.0203.

These presbyters shall come together in councils in regular gradation. These councils are sessions, presbyteries, synods, and the General Assembly. All councils of the church are united by the nature of the church and share with one another responsibilities, rights, and powers as provided in this Constitution. The councils are distinct, but have such mutual relations that the act of one of them is the act of the whole church performed by it through the appropriate council. The larger part of the church, or a representation thereof, shall govern the smaller. (emphasis added)

So if ordination is an “act of the whole church” can a differently governing body “choose to apply ordination standards differently from the officer’s previous body” as it says in question 6 of the FAQ.

There are other unknowns here are well.  One is what the nature and authority of the definition of marriage (W-4.9001) will be in the next few years.  Another, is the inclusivity statement in F-1.0403 mentioned above and whether this new wording, combined with the removal of an explicit requirement, will provide the basis for a new Interpretation.

As I wrap this up let me move on to the item that half of you are probably saying “when is he going to get to it” and the other half are saying “don’t go there, don’t go there, don’t go there…”  As much as we would like to think of this as ancient history, in many of the discussions I have been in this has been hovering like a ghost in the background and I think no discussion of the topic can really avoid it. SO…

One word – “Kenyon.”

Yup, I went there. 

Now for those who have not picked up on this it refers to a GAPJC remedial case in the United Presbyterian Church in the USA branch back in 1975.  The case is officially known as Maxwell v. Pittsburgh Presbytery. It involves Mr. Walter Wynn Kenyon, a candidate for ordination as a teaching elder who declared an exception to the church’s stand that women should be ordained as teaching and ruling elders.  He stated his Scriptural basis for this matter of conscience, said that he would not participate in the ordination of a woman, and that he would let others know the basis for his belief.  However, he also said that beyond that he would work with elders who were women and would not interfere with their ordination if it were done by others.  (For reference, the mainline Presbyterian church had been ordaining women as ruling elders for 44 years and as teaching elders for 18 years.)  The presbytery accepted his departure as non-essential and sustained his examination but the Synod PJC found that the presbytery had erred and on appeal the GAPJC concurred.

The GAPJC wrote:

The United Presbyterian Church in the United States of America, in obedience to Jesus Christ, under the authority of Scripture, and guided by its confessions, has now developed its understanding of the equality of all people (both male and female) before God. It has expressed this understanding in the Book of Order with such clarity as to make the candidate’s stated position a rejection of its government and discipline.

This is pretty much the same conclusion that the GAPJC came to in the Bush decision – that you can depart in belief but not in practice.  (It is argued whether or not Mr. Kenyon was departing in practice as well as belief, but the GAPJC decision rejects his argument that it is only in belief and provides their reasoning for that conclusion.)  But I find the language of the recent decisions an echo of this decision.  Consider one of the concluding paragraphs which makes no mention of the nature of the standard in question:

Nevertheless, to permit ordination of a candidate who has announced that he cannot subscribe to the cited constitutional provisions has implications for the Church far beyond that one instance. The precedent, if applied generally, would affect every session, presbytery, synod, and the General Assembly, and more than one-half of our Church’s members. The challenged decision of Presbytery was not unique or of but minimal significance. The issue of equal treatment and leadership opportunity for all (particularly without regard to considerations of race and sex) is a paramount concern of our Church. Neither a synod nor the General Assembly has any power to allow a presbytery to grant an exception to an explicit constitutional provision.

The implications of the Authoritative Interpretation from the Assembly permitting declaring departures in belief and practice is left as an exercise for the reader.

No, a Kenyon-like decision in the current debate regarding ordination standards is not very likely in the near or intermediate-term.  Before we get to that point additional Interpretations or explicit constitutional language will have to be in place.  But it is interesting the number of people on both sides of this issue that expect a similar decision sometime in the future.

Well, as you can see from the length of this article there is probably not a simple answer to what the polity landscape will look like in next few years.  It is why I am cautious in accepting the OGA FAQ as “the answer.”  There is plenty of room for new interpretations in the next few years even if no new language is added to the Book of Order. It will be interesting to see from whence the next refinement of this polity question comes.

Stay tuned…