BEFORE THE PERMANENT JUDICIAL
COMMISSION OF THE CENTRAL
FLORIDA PRESBYTERY
NORMAN R. BLESSING, ELDER,
Complainant,

v.

SESSION OF FIRST PRESBYTERIAN
CHURCH OF SEBASTIAN (U.S.A.),

Respondent.
_____________________________________________\

BRIEF IN OPPOSITION TO THE RESPONSE OF
NORMAN F. BLESSING, ELDER

On January 30, 2002, via Federal Express, Mr. David C. Smith, one of Norman F. Blessing's (hereinafter "Blessing") co-counsel, served a document on Rev. Dr. Dale Heaton, chair of the Central Florida Presbytery P.J.C., entitled "Response of Norman F. Blessing, Elder, to the Amended Answer of the Session of First Presbyterian Church of Sebastian (U.S.A.) (hereinafter "RESPONSE"). This document was not received by the Session of First Presbyterian Church of Sebastian (U.S.A.) (hereinafter "Sebastian") until February 4, 2002. As stated in the earlier Motion for Continuance of Sebastian, the RESPONSE contains new allegations and requests for relief not contained in Blessing's original complaint. Although, pursuant to D-7.0401, certain amendments to a complaint are permitted, these amendments may not change the substance of the complaint or prejudice the respondent. The amendments in Blessing's "RESPONSE" are both substantive and prejudicial to Sebastian being first raised less than three weeks before trial. Sebastian has formally requested a continuance to allow it the 45 days mandated by D-6.0303 in which to respond to these allegations. This brief in opposition is not and should not be construed as an answer to the amendments included in the RESPONSE, but rather addresses and is intended to address only those issues raised in the RESPONSE which are pertinent to Blessing's original complaint. Before addressing the substantive matters, however, it is necessary to address a number of factual issues raised by Blessing in the RESPONSE.
I. FACTUAL ISSUES RAISED BY BLESSING IN RESPONSE.

A. Session's adoption of the resolution affirming historic Confessions (hereinafter referred to as the "Resolution of Affirmation").
Blessing fails to include in the factual summary in his RESPONSE that the matter of the Resolution of Affirmation was reconsidered at the July 10, 2001 meeting of the Sebastian Session. At this meeting Blessing was given full opportunity to voice his opposition on the Resolution of Affirmation and to move for rescission. Thus, the matter was not deliberated only once with Blessing out of town, but a second time with Blessing present.

Following the adoption of the Resolution of Affirmation and his failed attempt to have it rescinded, Blessing attempted to stir up the congregation against the Resolution of Affirmation. He was unsuccessful in this attempt as well. It is clear that the Resolution of Affirmation enjoys overwhelming support from the congregation. See the letter attached hereto and incorporated herein by reference as Exhibit A.

B. Original Answer of Sebastian
Blessing next alleges that the answer of Sebastian dated and filed with this body on September 27, 2001 was not timely filed. In making this allegation, Blessing overlooks the provisions of D-6.0303 which provides that the answer is due 45 days after the complaint is filed. The answer was not 10 days late. The point of fact, it was 3 days early.

II. SUBSTANTIVE ISSUES RAISED BY BLESSING IN RESPONSE
A. Introduction
Blessing labors under two important misapprehensions. First, he views the historic confessions of our church as mere subordinate guides to be accepted or rejected as "each person may hear the spirit differently". He decries as "unconstitutional" the affirmation of these historic confessions and their application to the officers of the church. Contrary to his assertions, the historic confessions of our church are part of our Constitution (G-1.0500) and subordinate only to the Word of God, Jesus Christ, as the Scriptures bear witness to him. They are not lightly drawn up or subscribed to, nor may they be ignored or dismissed. The church is prepared to counsel with or even to discipline one ordained who seriously rejects the faith expressed in the confessions. (G-2.0200)

Secondly, Blessing views the Resolution of Affirmation as the adoption of a new confession in the constitutional sense. It is not. Instead, Sebastian has joined other like-minded Christians in confessing certain truths contained in our historical constitutional confessions. This is thoroughly consistent with our Constitution and in fact mandated by our Book of Order. (W-5.1003).

Having created the straw man of a confession in the constitutional sense, Blessing's RESPONSE then proceeds, for most of its length, to knock it down.

Sebastian agrees that no session can adopt a "constitutional confession". However, there is a significant difference between a "confession" as a constitutional document and the idea of "confessing", which is a central imperative for all Christians. Sebastian has amply demonstrated the consistency of what it has joined with other churches in confessing, with the historic constitutional confessions of our church. These confessions are the first part of our Constitution.

Finally, Blessing challenges the second part of the Resolution of Affirmation in which Sebastian implores all Presbyterians who uphold the previously set forth historic Christian convictions to "Renew their individual and corporate commitments to the above statements"; "Urge their sessions and Presbyteries to affirm the Confessions and to declare that they will not ordain, install or employ in any ministry position any person who will not affirm them"; and "Urge the 2001 General Assembly to instruct the General Assembly Counsel to uphold these Confessions and to insure that these Confessions are following faithfully in all programs and policies of the Presbyterian Church (U.S.A.)". Blessing fails to include a single instance in his Complaint where he, or any other person, has been denied ordination as a consequence of these provisions. As a consequence, this issue is not ripe for adjudication by this Permanent Judicial Commission.

Additionally, Sebastian challenges the jurisdiction of this Commission to develop sweeping policy decisions which go beyond the facts presently before it.

B. Our Constitution includes eleven historic Confessions which must be received and adopted by deacons and elders as part of their ordination vows.
The ordination vows undertaken by elders and deacons require an affirmative response to the question: "Do you sincerely receive and adopt the essential tenets of the Reformed faith as expressed in the confessions of our church as authentic and reliable expositions of what the Scriptures lead us to believe and do, and will you be instructed and led by those confessions as you lead the people of God?" (G-14.207c). Blessing attempts to mischaracterize this charge by seeking to redefine the terms "instructed" and "led" and emphasizing his redefinition to the exclusion of the other imperatives of the charge. The terms "instructed" and "led", he implies, mean that our confessions are mere suggestions that we are free as Presbyterians to accept or reject, much as one is free to accept, reject or ignore a caution sign on a roadway.

Blessing goes so far as to suggest that the role of our historic confessions has changed over the years. As authority for this proposition, Blessing cites to Rankin v. National Capital Union Presbytery, Minutes of the General Assembly (UP), 1981 Part I, pages 113 to 115. To properly understand Rankin it is important to understand that Rankin first and foremost is a case dealing with the extent to which a reviewing body may interfere with or overturn the decision of a Presbytery in ordaining or choosing not to ordain a candidate for ministry. The quotation Blessing lifts from this case is taken completely out of context. The Rankin case involved a comparison of the vows candidates were asked to take earlier and those in force at the time of the decision. Two of the vows at the time of Rankin were:

(3) Will you be instructed by the Confessions of our Church and led by them as you lead the people of God? and
(4) Will you be a minister of the Word in obedience to Jesus Christ under the authority of Scriptures, and continually guided by our confessions?
These provisions were compared to and contrasted against the earlier and deleted vow:
(3) Do you sincerely receive and adopt the confessions of faith and the catechisms of this church as containing the system of doctrine taught in Holy Scripture?
The deleted provision is amazingly similar to the provision now and again contained in the ordination vows:
(c) Do you sincerely receive and adopt the essential tenets of the Reformed faith as stated in the confessions of our church as authentic and reliable expositions of what Scripture leads us to believe and do and will you be instructed and led by those confessions as you lead the people of God? (G-14.0207a)
It stands to reason that if the deletion of the old vow number 3 caused a shift in focus from empirical standards by which the candidate's theology was judged to the candidate's ability to use a number of confessional formulations to learn from, be guided by, and lead the people of God, the reintroduction of a vow similar to the old vow number 3 should result in a shift of focus to consideration both of the candidate's theology and the candidate's ability to have this theology express itself in the way in which she leads the people of God.

The Rankin case cites to the Report of the Special Commission of 1925 which was unanimously adopted by the General Assembly on May 30, 1927. This report drew together nearly 200 years of Presbyterian constitutional development and practice with the powers of Presbytery and is now considered the authoritative statement of the constitutional principles. The interim report provided in part:
It is our deep conviction that the great body of the Church is sound in faith, even when that faith is tested by the strictest standards. It holds fast to its historic faith in God's relation to this universe as its Creator and as the vital and unifying and governing Personality who imparts to the system order, stability and moral purpose; in the true deity of our Lord Jesus Christ and His true incarnation and His virgin Birth and His resurrection from the dead; in His sinless holiness, the atoning sacrifice of His Cross, and His power to forgive sins. It stands fast in its faith that He is the only Savior and that He is able to save to the uttermost them that come unto God by Him; that the new life from above which is essential to entrance into the Kingdom of God is created in the soul by the power of His Holy Spirit; that His Kingdom covers all human relationships and actions and that it includes the exercise of all power in heaven and on earth. It holds fast to its historic conception of the nature of the Church and to the Constitution which we have inherited from the fathers. It stands upon the divine authority of the Holy Scriptures, whatever divergences there may be in their interpretation. It is the unshakable assurance of the Church that once the true content of the Scriptures is ascertained, their authority is supreme and final.

That God by His Holy Spirit has made a revelation of his grace in Christ, and of His righteous will, that we have this revelation in the Scriptures, "the only infallible rule of faith and practice," that they are sufficient to give knowledge of salvation, and of the way of Christian living, and the "the Supreme Judge by whom all controversies of religion are to be determined . . . can be no other but the Holy Spirit speaking in the Scripture," is a position upon which the Presbyterian Church stands firmly and for which it is ready earnestly to contend.

In these weighty Christian verities as held by the Presbyterian Church throughout its entire history, and only briefly catalogued here, we have a body of doctrine and a system of polity which bind us into a close and abiding unity, and priceless and common inheritance from the past which vests the title of heirship in every one of us without distinction. This is a tremendous fact that must not be forgotten when we are reflecting upon our differences. In spite of wide geographical distances separating our churches and ministers, in spite of varying racial roots which reach back into the centuries and which are fed on sentiments that provoked national wars and reddened the earth with the blood of historic conflicts, in spite of every extreme of difference in residence and education, in social contacts and life-long customs, here we stand, a Church, with one heart beating at the center of its corporate life, bound together by the firm ties of a shining record that embraces the sacrifices and triumphs of the past, of a faith engaging the rich loyalties and abundant labors of the present, and of a hope, yearning, but sure, and drawing into its stimulating experience the holy promise of a fairer future-bound into a unity which, we believe, our generation will not break.

There are valuable moral and spiritual resources in the life of our Church which must not be overlooked even in so brief a survey. Some of these are the deposit and tradition of life and character which we have inherited from the past, the product of home life and training, of Biblical preaching, of a faithful, educated and evangelical ministry, of a loyal and living faith in Christ as the complete and absolute revelation of God, our only and sufficient Savior. This great deposit and all that lies back of it and produces and sustains it, we all desire to keep and to pass on to the generations following. (G.005 Book of Confessions)
The requirements of those who enter upon church leadership, which Sebastian reaffirmed in its Resolutions of Affirmation, are not inconsistent with our Constitution. They are, instead, in keeping with it and the requirements of the Book of Order.

D. Our Constitution does inscribe infallibility to the Scriptures themselves.
Since our Confession are part of our Constitution, it cannot be said that the constitution does not ascribe infallibility to the Scriptures. Section 6.052 of Part I of our Constitution provides in part:
By Him the prophets were moved to speak the Word of God and all the writers of the Holy Scriptures inspired to record infallibly the mind and will of God.
Likewise, Section 6.184 of Part I of our Constitution provides in part:
He is the Lord and Giver of life, everywhere present and is the source of all good thoughts, pure desires, and holy counsels in men. By him the prophets were moved to speak the Word of God, and all the writers of the Holy Scriptures inspired to record infallibly one mind and will of God.
E. Blessing's challenge to the second part of the Resolution of Affirmation is not ripe for adjudication by this Permanent Judicial Commission.
Blessing complains that Sebastian's decision to implore all Presbyterians who uphold these historic Christian Confessions to urge their sessions and presbyteries ... to declare that they will not ordain, install or employ in any ministry position any person who will not affirm them is inconsistent with the vow of ordination undertaken in the ordination service. Yet, he does not provide a single example of anyone, including himself, who has been denied ordination on the basis of Sebastian's imploring. What Blessing has done is to file a Complaint prospectively, on the assumption that harm will be done. This is not proper issue for determination by the Permanent Judicial Commission. (Mount Auburn Presbyterian Church v. Presbytery of Cincinnati, PJC (1995), 12511.060). Nor is it the province of the Permanent Judicial Commission to act as a general board of review. (Broad Ave. Presbyterian Church, et al. v. General Assembly Counsel, PJC (1995), 123, 11.059). Consequently, this issue is not ripe for adjudication and those parts of his Complaint dealing with it should be stricken.
F. The Confession adopted by the Sebastian Session is consistent with the ordination vows.
In his RESPONSE, Blessing seeks to compare the second paragraph of the Resolution of Affirmation to paragraph (b) of the ordination vow to find a "critical distinction" between the two. For ease of reference, the respective provisions are as follows:

Paragraph 2 of the Sebastian Resolution of Affirmation provides:
Holy Scripture is the revealed Word of the triune God and the Church's only infallible rule of faith in life.
Paragraph (b) of the ordination vows provides:
Do you accept the Scriptures of the Old and New Testaments to be, by the Holy Spirit, the unique and authoritative witness to Jesus Christ in the Church universal and God's Word to you? (G-14.0207b).
Blessing suggests that prior to 1969, elders of the UPC were required to affirm a provision similar to paragraph 2 of the Resolution of Affirmation cited above. He asserts, however, that this all changed at the 1969 General Assembly in San Antonio, Texas when this provision was changed to the current paragraph (b) cited above. He claims that the change was made because the vows were found to be "archaic". Blessing's narration of what happened in San Antonio is, at best, a startling departure from fact. What was deemed "archaic" was not the substance of the vows, but, rather their language. In fact the joint committee went so far as to say:
"There has been no attempt in the overture to write questions with new substance. Rather, the attempt has been to preserve the substance and the spirit of the presently prescribed questions and to state them; in clear contemporary English." (See paragraph 1. at page 384).
It should also be noted that the vows of ordination have been amended since 1969 to include what is now referred to as paragraph (c).

Blessing's comparison of paragraph 2 of the Resolution of Affirmation with paragraph (b) of the vows of ordination is misplaced. In fact, this provision is more appropriately compared with paragraph (c) which requires, inter alia, that the candidate receive and adopt the essential tenets of the Reformed faith, as expressed in the confessions of our church, as authentic and reliable expressions of what Scripture leads us to believe and do. The confessions, as indicated in Sebastian's amended answer, include all tenets of paragraph 2 of the resolution. Accordingly, it cannot be alleged that paragraph 2 of the Resolution of Affirmation is inconsistent with the vows currently required by the Book of Order.
G. Adopting the Resolution of Affirmation and the actions called for therein are all proper actions for a session as the governing body of the local church and the body charged with the duty to lead and instruct the congregation and its elders.
Sebastian has adopted a non-exclusive list of principles and commitments, all consistent with the Confessions of the Church, that are relevant and appropriate to explain the meaning and requirements of the Church's Constitution. This is particularly relevant to the Church in a time of controversy and confusion.

It is a proper, indeed essential, role for the session. The session is responsible for the "mission... of the particular church". (G-10.0100). "It is the duty of elders, individually and jointly, to strengthen and nurture the faith and life of the congregation committed to their charge." (G-6.030). The session has the responsibility and the power to:
(a) "lead the congregation" in participation in the mission of the whole Church in the World. (G-10.0102c).

(b) "lead the congregation continually to discover what God is doing in the World and to plan for change, renewal, and reformation under the Word of God". (G-10.0102j).

(c) "instruct... elder... and to inquire into their faithfulness". (G-10.01021).
All of the above permit and indeed demand that the session speak from time to time upon areas in which, in its judgment, the congregation should be led or particular elders should be instructed.

Blessing's objections, no matter how real and how passionately held by him, provide no basis in fact or law upon which this body may grant all or any part of the relief requested in the Complaint.
H. The freedom of conscience contemplated by our Constitution must be exercised in a manner consistent with the essentials of our reformed faith.
In his RESPONSE, Blessing contends that our Constitution guarantees his freedom of conscience "in that each person may hear the Spirit differently". (RESPONSE at page 11). While the Westminster Confession of Faith does guarantee freedom of conscience, it is only from the doctrines and commandments of men which are in anything contrary to His Word. The provisions of G-4.0305 do not run contrary to this confession. In quoting from this provision, Blessing conveniently omits the first part of G-1.0305, as well as (G-1.0304), which it references. These provide:
"(4) That truth is in order to goodness; and the great touchtone of truth, its tendency to promote holiness, according to our Savior's rule, "by their fruits ye shall know them." And that no opinion can be either more pernicious or more absurd than that which brings truth and falsehood upon a level, and represents it as of no consequence what a man's opinions are. On the contrary, we are persuaded that there is an inseparable connection between faith and practice, truth and duty. Otherwise, it would be of no consequence either to discover truth or to embrace it."

"(5) That, while under the conviction of the above principle we think it necessary to make effectual provision that all who are admitted as teachers be sound in the faith, we also believe that there are truths and forms with respect to which men of good characters and principles may differ and in all these we think it the duty both of private Christians and societies to exercise mutual forbearance towards each other."
Blessing's insistence that he is entitled to his own opinion, and the deification of his own "conscience" flies in the face of the above and other governing principles of our denomination:
  1. (G-6.0108b).
    "It is to be recognized, however, that in becoming a candidate or officer of the Presbyterian Church (U.S.A.) one chooses to exercise freedom of conscience within certain bounds. His or her conscience is captive to the Word of God as interpreted in the standards of the Church so long as he or she continues to seek or hold office in that body. The decision as to whether a person has departed from the essentials of Reformed faith and polity is made initially by the individual concerned but ultimately becomes the responsibility of the governing body in which he or she serves." (G-1.0301; G-1.0302).
  2. In 1983 the General Assembly adopted the following "resolution as a solemn interpretation:"
"The historic principles of Presbyterianism have sought to establish balance between the private judgment of the individual and the freedom of the Church to order its affairs. While the majority cannot force its will on an unwilling minority, neither can the minority thwart the intention of the majority on grounds that the conscience of the minority is violated. Freedom of conscience does not require that the conscientious opinion of every member of the Church will prevail. Where there are differences of opinion, our Church recognizes that the ways of resolving conflict between the freedom of individual conscience and the requirements of our polity are compromise, acquiescence by one group or another, or the withdrawal without causing schism. Therefore, the freedom of conscience is not abridged by the requirements of our Constitution." (Minutes of the General Assembly, 1983, Part I, pp. 157 to 158).
The unbridled freedom of conscience which Blessing advocates is a recipe for anarchy. If the Spirit truly says one thing to one individual and something contrary to another, we serve an arbitrary and capricious God whose commands and promises cannot be trusted because they change from day to day and person to person. There would be no basis for ascertaining what is truth and what is falsehood since when questioned one could simply demur "the Spirit told me this". In the end we would be "of all men most miserable". To the contrary, God has promised us that He is the same yesterday, today and forever. His Word is immutable and unchangeable.
III. CONCLUSION
Sebastian has joined an informal association known as the Confessing Church Movement. This is a grass roots movement comprised to date of over 1,211 churches currently representing approximately 10.8% of the churches in the PAUSE and approximately 16% of its members. These churches currently make up approximately 25% of the annual giving to the denomination. More churches are being added each month. The Confessing Church Movement has no organizational objectives; it does not seek to divide the denomination; it has no political objectives or agenda; it is responsible, mainline, moderate and reasonable.

All of the confessing statements in Sebastian's Resolution of Affirmation are drawn from our confessional documents and current Book of Order where they are standards of our denomination. They are also supported by Scripture. Yet, these standards have increasingly come under attack by our denominational leaders and are being ignored by many churches and Presbyteries. And when and where they have been ignored or defied by session and presbyteries, our denomination leaders have not acted to preserve and defend our Constitution. There have been a multiplicity of events within the Church which are repugnant to Scripture and our Book of Confessions. These include the unstinting support by our denomination, including staff, money and personnel, for the Re-imaging Conference, in which the autonomous self was exalted, the transcendence of God was denied, and the atoning work of Jesus Christ was rejected; the refusal of our leadership to deal with heresy; the failure of our denomination to clearly acknowledge Jesus Christ as universal Lord and Savior for all human kind; the affirmation of homosexuality as a gift of God and homosexual behavior as a legitimate expression of human love; the overt denial that human sexual expression is a gift of God to be received and enjoyed only within the covenant of marriage between one man and one woman; and the sidelining of Scripture and our Confessions as irrelevant in the context of modern culture and nature.

Sebastian's Resolution of Affirmation is neither unconstitutional nor in derogation of the polity of our Church. Instead, it is thoroughly in keeping with Scripture, our Confessions and the Book of Order.

For spiritually serious Christians who are looking for a spiritual "safe harbor", the Confessing Church Movement is one of the few viable choices. In handling this matter the Permanent Judicial Commission must exercise care that it does not deliberately undermine a spiritual stronghold in the denomination. Untoward actions by this Commission could drive a vibrant, enthusiastic and financially committed community from the Church. This would be a grievous mistake.

I HEREBY CERTIFY That the original of this document has been provided by hand delivery this ______ day of February, 2002, to: Dr. Dale L. Heaton, Moderator of PJC, 1865 Friar's Court, Titusville, FL 32796; and a copy has been provided to: Norman F. Blessing, 729 Horizon Terrace, Sebastian, FL 32958-6525; John Coventry Smith, Jr., Esq., 306 Palmetto Lane, Largo, FL 33770, Attorney for Mr. Blessing; David C. Smith, Kilpatrick Stockton, 1001 W. 4yh St., Winston-Salem, NC 21701-2400, Co-Counsel for Mr. Blessing; Rev. Alan J. Pickering, Stated Clerk, Presbytery of Tampa Bay, 720 N. Shore Drive, N.E., St. Petersburg, FL 33701-2622, Co-Counsel for Mr. Blessing; Mindy Serafin, Clerk of Session, First Presbyterian Church of Sebastian, P.O. Box 781689, Sebastian, FL 32978-1689; and to Reverend Eleanor B. Lea, 103 Harbor Point Drive, Sebastian, FL 32958.

Wilson, Garber & Small, P.A.
437 N. Magnolia Avenue
Orlando, FL 32801
(407) 843-4321
BY: _______________________________
J. Christy Wilson, III



TO: SESSION MEMBERS OF THE FIRST PRESBYTERIAN CHURCH OF SEBASTIAN, (USA).
Reverend Eleanor B. Lea, Pastor
Melinda Serafin, Clerk of Session
Blessing, Norm
Brillhart, Clark
Burgess, Ken
Clement, Judy
Firman, Faith
Hoover, Ed
Jaynes, John
Letrick, Betty
Nafziger, Dick
Roth, Fritz
Spear, Priscilla
Terry, Dick
It has come to the attention of some of our members that there has been an attempt at sowing disharmony in our church. (i.e. A Session member who will not support, and will "encourage others to ignore", a resolution made by this Session).

The professed objection of the aggrieved party is said to be opposition to the Session's commitment, " to be people faithful in prayer and in deeds to our Savior and his Church", as stated in our Session's letter to the Presbytery of Central Florida and to the General Assembly.

The details of the Session's letter were spelled out on the cover page of the June, 2001, issue of the Presbyterian Post, which included the following confession:
  • Jesus Christ alone is Lord of the Church and the way to salvation for all who will receive him.
  • Holy Scripture is the revealed Word of the triune God, and the Church's only infallible rule of faith and life.
  • God's people are called to holiness in all areas of life. This includes honoring the sanctity of marriage between a man and a woman, the only relationship within which sexual activity is appropriate.
  • The leaders of Christ's Church are called to uphold these confessions and to be people who are chaste in singleness and faithful within the covenant of marriage.
With this action, the Session committed itself to the movement known as the Confessing Church, which "implores" all Presbyterians to uphold these historic Christian convictions.

To you, the Session members, please accept this as notice of a vote of confidence, In a sampling of a few of the workers in the church, it becomes obvious that you have spoken for the overwhelming majority of the members of our Church, who agree that there exist absolutes, as detailed in your letter, that we cannot allow to be compromised by the culture around us. Jesus Christ alone is the way to salvation and as God's people we are called to holiness in all areas of life.

Let it be known that we, the undersigned, applaud the stand that our Session has taken in this matter.

C.R. Ellison, R.T. Wannop, Dorris Cogar, Warren "Pete" Miller, Doris Miller, Joan Kimmel Arnold Kimmel, Robert Keel, Carol G. Wise, Donato DeRobertis, Gloria M. Fennell, June Ellison, Doug Bartholow, Mary Jane Bartholow
EXHIBIT A