{"id":211,"date":"2012-05-17T19:17:35","date_gmt":"2012-05-18T02:17:35","guid":{"rendered":"http:\/\/gajunkie.info\/blog\/?p=211"},"modified":"2012-05-17T19:17:35","modified_gmt":"2012-05-18T02:17:35","slug":"a-vast-diversity-of-interpretation-redwoods-presbytery-expresses-their-disagreement-with-the-spahr-ii-decision","status":"publish","type":"post","link":"https:\/\/blog.gajunkie.com\/?p=211","title":{"rendered":"“A Vast Diversity Of Interpretation” — Redwoods Presbytery Expresses Their Disagreement With The Spahr II Decision"},"content":{"rendered":"

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\nThe biggest news in the Presbyverse right now is the motion passed by the Presbytery of the Redwoods<\/a> objecting to the decision and punishment and failure to overturn those on appeal in the most recent disciplinary case against the Rev. Jane Spahr (the Spahr II decision<\/a>).<\/p>\n

In case you have missed it, this past Tuesday was the first stated presbytery meeting of Redwoods Presbytery since the PC(USA)<\/a> General Assembly Permanent Judicial Commission<\/a> heard the appeal in this case and upheld the decision<\/a> from the Presbytery Permanent Judicial Commission trial. Teaching Elder Spahr was found to have committed “the offense of representing that a same-sex ceremony was a marriage by performing a ceremony in which two women were married under the laws of the State of California and thereafter signing their Certificate of Marriage as the person solemnizing the marriage.” In addition, she was accused of persisting in this since the first disciplinary action (Spahr I decision<\/a>) and of violating her ordination vows by failing to be subject to the authoritative interpretation of the Book of Order<\/i>.<\/p>\n

At the Presbytery meeting, in the Stated Clerk’s report of the GAPJC decision, a motion was introduced that laid out a series of reasons the judicial decisions were wrong and concluded with this resolution:<\/p>\n

Be it RESOLVED that the Presbytery of the Redwoods opposes imposition of
\nthe rebuke set forth in the decision dated August 27, 2010, as
\ninconsistent with the Gospel of Jesus Christ, the Constitution of the
\nPresbyterian Church (USA), and the faithful life of ministry lived out
\nin this Presbytery. \n<\/p><\/blockquote>\n

The full text of the resolution is available from the Presbytery<\/a> (with a follow-up letter from the Stated Clerk), MLP web site<\/a> or Mary Holder Naegeli’s blog<\/a>.<\/p>\n

Let me begin with some polity observations.  We need to be clear at the onset that the Presbytery resolution is an objection or protest. The rebuke has been made and registered.  The Presbyterian News Service article<\/a> about the resolution says this from the Presbytery Stated Clerk:<\/p>\n

\u201cPerhaps the majority, perhaps all of them, thought they had removed the
\nrebuke but I don\u2019t see how it is in the power of the presbytery to do
\nthat,\u201d Conover said, adding that he had about 30 minutes notice on the
\nClark motion before the beginning of the meeting.\n<\/p><\/blockquote>\n

The article goes on to say that Laurie Griffith, manager of judicial process in the Office of the General Assembly affirms this as well with the article saying that “The rebuke stands, whether Redwoods Presbytery reads it publicly or not.”<\/p>\n

Let’s drill down on this for a moment. In Book of Order<\/i> section D-11.0403e about the degree of censure it ends with this line: “Following such determination and in an open meeting, the moderator of
\nthe session or permanent judicial commission shall then pronounce the
\ncensure.” In the decision Charlotte v. Jacobs (GAPJC decision 215-09<\/a>) the Commission clarifies that “Unless there is a stay of enforcement in place, censure takes effect immediately upon the pronouncement of the decision at trial…” The Presbytery PJC decision did specify a stay in the event of appeals so with the exhaustion of the appeals the rebuke pronounced at the conclusion of trial on August 27, 2010 would go into effect with the decision by the GAPJC on February 20th, 2012.<\/p>\n

Bottom line – they can express opposition to the rebuke, but under our polity the rebuke decided upon and initially imposed 21 months ago by the Presbytery through their own judicial commission became effective earlier this year.<\/p>\n

What have they done? First and foremost, the Presbytery by a 74-18 vote has effectively registered a protest to the current authoritative interpretation of the PC(USA) Constitution. And, if I understand the news reports correctly (and I would welcome someone who was there to provide more accurate information in the comments) the resolution did not stop the Stated Clerk from reporting and distributing the decision, but it stopped the decision, including the rebuke from being read. Based on usual practice the rebuke has been read at lease once and probably twice before after the PPJC trial and the SPJC appeal.<\/p>\n

I have spent a good deal of time in the last 36 hours working through GAPJC decisions<\/a> and the Annotated Book of Order<\/i><\/a> to see if I can find a precedent. I am not aware of one but I invite anyone to comment if they are aware of a previous similar presbytery action. From reports on-line it appears that others are not aware of a precedent either. The Louisville Courier-Journal has this in Peter Smith’s column<\/a>: “Jerry Van Marter, director of Presbyterian News Service, said he knows
\nof no other case where a presbytery has refused to carry out a court
\ndirective.” And in her blog<\/a> Mary Holder Naegeli, an experienced watcher of these things, says “I cannot recall in almost 25 years as an ordained minister ever witnessing open defiance of a direct PJC order.”<\/p>\n

What next?  The PNS article says:<\/p>\n

\nLaurie Griffith, manager of judicial process in the
\nOffice of the General Assembly said there \u201care two possible options for
\nredress if anyone wanted to raise the issue\u201d of the presbytery\u2019s
\nrefusal.<\/p>\n

\u201cEach presbytery submits a \u2018compliance report\u2019 to
\nthe GAPJC, which is reported for information to each General Assembly,\u201d
\nshe told the Presbyterian News Service, but it\u2019s always been just pro
\nforma<\/i>.\u201d<\/p>\n

The other option, Griffith said, \u201ccould be a
\nremedial complaint against the presbytery, but remedial complaints are
\nnot usually used to challenge disciplinary processes.\u201d<\/p><\/blockquote>\n

My only comments on the remedial complaint is that 1) while they are not usually used to challenge disciplinary processes this resolution appears to be without precedent so “usually” is the operative word and 2) it strikes me that this is not so much an issue with the disciplinary process itself as with the Presbytery’s response to it and enforcement of it.<\/p>\n

[Please see update at the end of this] Now, I want to mention one non-polity issue that – if correct – I do find disturbing. Reports have mentioned a significant media presence at the presbytery meeting for this item.  If the media were there just expecting the reading of the decision, that is one thing.  There seems to be a feeling, and I have no independent confirmation of this, that the media was made aware of the counter-motion in advance and were there for a sensational story. In itself that is still OK, we have open meetings… except note what the Stated Clerk said above – that he “only had about 30 minutes notice [of the motion] before the beginning of the meeting.” Presumably the same goes for the Presbytery Moderator who had to handle this business. (If the Moderator had notice but the Clerk did not then the Moderator and the Clerk need to talk more.) It strikes me as a break with our much-valued “mutual forbearance” and “peace, unity and purity” if the mainstream media was given notice to be there but those charged with the decently and orderly conduct of the meeting were not.
[Important update: Did get information from someone who was there and it was their impression that the media was there for the reading of the censure. In fact, they observed one reporter grumbling because they had already written the story and now had to rewrite it.  I stand down from my concerns expressed above.]<\/p>\n

I might have a lot more to say about this later, but there are more pressing events for a GA junkie <\/a>upon us now and I will postpone any further thoughts on this, possibly indefinitely. If you want more coverage you can get it from all the usual suspects including…<\/p>\n