Thanks to Rev. Jane Adams Spahr’s web site we have a pdf with the scanned image of the Synod of the Pacific PJC decision overturning the Presbytery PJC acquittal of the Rev. Spahr for preforming same-sex weddings. Since it is an image I won’t be including as many quotes from the decision as I might if I could cut and paste the text.
There were three points of appeal for the Presbytery of the Redwoods prosecuting team. The substantial one was that the Presbytery PJC’s decision that same-sex weddings were not specifically prohibited by the PC(USA) Book of Order and a 1991 Authoritative Interpretation was in error. By a vote of 6-2 the SPJC sustained this error citing the Book of Order, the 1991 AI, and the GAPJC case of Benton vs. Presbytery of Hudson River. The decision says:
Taken as a whole, the Book of Order, the 1991 AI, and the Benton case, make clear that ministers are not to conduct ceremonies represented as marriages between persons of the same sex. Regardless of the expression of conscience by the Rev. Dr. Spahr, she may not circumvent the standards of the Church. Although the Rev. Dr. Spahr had acted with conscience and conviction, her actions were contrary to the constitution as it is authoritatively interpreted, is therefore subject to censure. [sic]
On two technical matters the SPJC sustained the errors unanimously. The first was a PPJC commissioner who should have been recused because she participated with Rev. Spahr in another “marriage ceremony.” The SPJC decision says
We view the likelihood of tainting the proceeding as substantial. A 6-1 vote on the decision does not cure the error. In judicial proceedings avoiding the appearance of conflict of interest is critical.
The second technical matter was that the PPJC did not enter the decision on each charge separately in the decision. They were advised to follow the proper procedures in the future.
The Synod PJC imposed the censure of rebuke.
There are two minority reports. One signed by both dissenting commissioners argues that since these ceremonies are not an essential tenent of the Reformed faith they should be subject to freedom of conscience. The second minority report, signed by only one of those two dissenting commissioners, argues that none of the cited authority actually prohibits ministers from preforming these ceremonies.
Since my initial post with the news, the Rev. Spahr has issued a press release which is posted on her web site quoting her as saying she is “deeply saddened that the church has chosen not to recognize these loving relationships.” The press release is also posted at That All May Freely Serve. I have seen nothing yet from the Presbyterian News Service.
The press release from Rev. Spahr does confirm that she will appeal to the GAPJC.