BEFORE THE PERMANENT JUDICIAL COMMISSION
OF THE CENTRAL FLORIDA PRESBYTERY


NORMAN F. BLESSING, Elder
Complainant,

v.

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

RESPONSE OF NORMAN F. BLESSING, ELDER, TO THE
AMENDED ANSWER OF THE SESSION OF FIRST
PRESBYTERIAN CHURCH OF SEBASTIAN (U.S.A.)


MATTER BEFORE THE PERMANENT JUDICIAL COMMISSION

This matter comes before the Permanent Judicial Commission of the Central Florida Presbytery (the "Commission") upon the complaint of Norman F. Blessing ("Mr. Blessing"), an elder of the respondent, Session of First Presbyterian Church of Sebastian (U.S.A.) (the "Sebastian Session" or "respondent"). On May 22, 2001, the Sebastian Session adopted a "confession" in which it required those seeking to hold an office within the church or to be ordained as ministers of the Word and Sacrament to affirm four statements of belief. It further urged other sessions and presbyteries to adopt the confession, and likewise, restrict positions of leadership within the church to those who adhere to its requirements. The confession exceeds the constitutional authority of the Sebastian Session, the exclusive authority for adoption of confessional statements being granted to the General Assembly and Presbyteries. Moreover, the confession imposes standards which are inconsistent with the Constitution of the Presbyterian Church (U.S.A.) (the "Constitution") and infringes on Mr. Blessing's freedom of conscience as a Presbyterian elder. Rejection of the confession by this Commission is mandated.

FACTUAL SUMMARY

Mr. Blessing is an elder of the First Presbyterian Church of Sebastian (U.S.A.) ("First Presbyterian"). He has a long history of service to the Presbyterian Church (U.S.A.) (The "Presbyterian Church"), being ordained as a deacon in 1980 and an elder in 1984. He has been a member of First Presbyterian since 1998 and was elected by the congregation to the Sebastian Session in 2001.

First Presbyterian has approximately 240 members. It has a session of 13 elders. On Tuesday, May 22, 2001, a specially called meeting of the Sebastian Session was held. Five elders and the moderator, Reverend Eleanor Lea ("Reverend Lea"), were present.

At the meeting, the members of the Sebastian Session present discussed the "Confessing Church" movement and reviewed a letter of resolution from the First Presbyterian Church of Orlando. Without any consultation with the congregation or session members not present at the special meeting, it voted to affirm the "confession" previously adopted by the First Presbyterian Church of Orlando. (Mr. Blessing was out of town and could not be present). In pertinent part, the Sebastian Session resolved as follows:

The Session of First Presbyterian Church of Sebastian met on May 22, 2001, and concurs with other churches, including the First Presbyterian Church of Orlando, in confessing that:
  • 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.
The Session, therefore, commits itself to the movement known as the Confessing Church. With it we implore all Presbyterians who uphold these historic Christian convictions to:
  • Renew their individual and corporate commitments to the above statements.
  • Urge their sessions and presbyteries to affirm these confessions and to declare that they will not ordain, install or employ in any ministry position any person who will not affirm them.
  • Urge the 2001 General Assembly to instruct the General Assembly Council to uphold these confessions and ensure that these confessions are followed faithfully in all programs and policies of the Presbyterian Church (U.S.A.).
The congregation was notified of the Sebastian Session's decision in the June 2001 issue of The Presbyterian Post, a newsletter of the church. In the newsletter, Reverend Lea expressed that the resolution of the session was "meant to confess the church's historic faith" and "be the commitment of First Church of Sebastian."

In a letter dated June 6, 2001, and in subsequent correspondence, Mr. Blessing voiced his objection to the Sebastian Session's Adoption of the confession. Noting that the confession sought to make a "political statement" promoted by the Presbyterian Lay Committee, he argued that the confession was beyond the authority of respondent and infringed on his freedom of conscience as recognized by our Constitution. Mr. Blessing moved to rescind the May 22 resolution at a July 10, 2001, stated meeting of the Sebastian Session. The motion failed, and Mr. Blessing filed his protest.

On August 16, 2001, Mr. Blessing filed his present complaint. On September 27, 2001, the respondent filed its answer, ten days after the expiration of the time period set for a response, arguing the confession restricted Mr. Blessing's freedom of conscience no "more than the Book of Order and Scripture. . . ." (Answer a paragraph 1.) The Sebastian Session further advised this Commission that Mr. Blessing, and every other member of the church, must "actively concur with or passively submit to [its determination . . . or peaceably withdraw from our communion." Id. (quoting G-6.0108(b) of the Book of Order). After a hearing, this Commission voted to send a letter to the Sebastian Session making two requests:
(1) That item two (2) of the first paragraph of the Resolution of the Sebastian Session dated May 23, 2001, be brought into conformity with the constitutional question to the officers, G-14.0207b of our Book of Order.

(2) Delete the entire second (2nd) item of paragraph two (2), beginning with the language 'Urge their Session . . . .'

(Letter of the Commission to the Sebastian Session dated October 17, 2001).
The Commission requested a response by January 15, 2002. Id.

The Sebastian Session elected not to adhere to this Commission's request. It called a session meeting at which Mr. Blessing was excluded. Moreover, no record of this meeting has been made available. On December 11, 2001, the Sebastian Session served a document entitled "Amended Answer and Affirmative Defense," in which it sought to identify additional support for its resolution in selected passages from Scripture and the Book of Confessions. Additionally, by letter dated December 11, 2001, but served December 18, 2001, the Sebastian Session respectfully declined to make the changes requested by this Commission. Accordingly, this matter is now set for further consideration by the Commission.
RESPONSE TO THE POSITION OF THE SEBASTIAN SESSION
I. INTRODUCTION.
The Sebastian Session, in its Amended Answer of December 11, 2001, and its letter of December 18, 2001, relies principally on selected portions of Scripture and the confessions set forth in our Book of Confessions to support its May 22, 2001, "confession." However, respondent's argument misses the point for the issue presented is not whether the statements set forth in its confession may find some theological support, but whether its adoption is consistent with our Book of Order. No one questions the sincerity with which respondent's views are held, and there is room within our denomination for those who adhere to its interpretation of Scripture. However, members of the Sebastian Session seek to apply their confession as a means of exclusion–to eliminate from participation as deacons, elders and ministers of the Word and Sacrament, as well as members who seek to commune with them-those with whom they disagree. Our Constitution finds no support for a session's adoption of such a confession. To the contrary, the confession is inconsistent with Constitutional principles and must be stricken.

I. OUR CONSTITUTION DOES NOT PERMIT THE ADOPTION BY A SESSION OF A CONFESSION WHICH SEEK TO LIMIT PARTICIPATION BY MEMBERS IN THE LIFE OF THE CHURCH.

A. The Adoption of a Confession Is Reserved to the General Assembly and Presbyteries.
Confessional statements are declarations by the Presbyterian Church to its members and the world as to "who and what it is," "what it believes," and "what it resolves to do." G-2.0100. In the Presbyterian Church it is only the General Assembly, with the concurrence of two-thirds of the Presbyteries of the denomination, that have the authority to adopt a confession that is binding on church members. It is the responsibility of the General Assembly "to provide authoritative interpretation of the Book of Order which shall be binding on the governing bodies of the church. . . ." G-13.0103r. Consistent with this responsibility, it is the General Assembly that must appoint a committee of elders and ministers to consider any proposal for amendment of the confessional documents of the church. G-18.201b. Only the General Assembly has the authority to approve proposed amendments and recommend them to the Presbyteries. G-18.0201a(1). It is the Presbyteries, if two-thirds of them concur, who have the authority to approve such amendments. G-18.0201a(2). At the discretion of the Presbyteries, it is the General Assembly that is granted express authority to enact amendments to the confessional documents. G-18.0201a(3).

The Sebastian Session has adopted what it describes as a "confession." It sets forth principles which it designates "historic Christian convictions." It instructs the church's leaders to "uphold these confessions," and opposes "ordaining, installing or employing in any ministry position any person who will not affirm them." It purports to declare that which the church believes and to bind its membership to such beliefs. In doing so, it restricts those who may serve as officers of the church under G14.0101 et.seq. Moreover, while not expressly mentioning the membership of the church, its effect is to limit that as well. The Sebastian Session has described the confession as the "commitment of First Church of Sebastian" and expressed that those members who disagree with it must "peaceably withdraw from our communion."

However, the Sebastian Session has been delegated no authority under the Book of Order to adopt a confession which binds its members and officers. To the contrary, the Book of Order at G-10.0102, expressly limits the authority of a session to "carrying out the instructions of the higher governing bodies consistent with the Constitution of the Presbyterian Church (U.S.A.)." G-10.0102p(4). In adopting and implementing its confession, it has expressly infringed on the authority of the General Assembly and Presbyteries under G-18.0201 to approve and enact a confession binding on the officers and members of the church.
B. Additionally, the "Confession" Exceeds the Authority of the Sebastian Session by Placing Limitations on the Ordination of Church Officers.
The Book of Order defines who may serve as a church officer. The Sebastian Session not only exceeded its authority by enacting its confession, it has sought to limit those who may serve as a church officer, in contravention of the Book of Order.

Under our Constitution, an "active member" of a church is entitled to "hold office" within the church. G-5.0202. The Book of Order defines an "active member" as one "who has made a profession of faith in Christ, has been baptized, has been received into membership of the church, has voluntarily submitted to the government of this church, and participates in the church's work and worship." Id. The Book of Order further explains that "[e]lders should be persons of good faith, dedication and good judgment. Their manner of life should be a demonstration of the Christian gospel, both within the church and the world." G-6.0303. They must "lead a life in obedience to Scripture and in conformity to the historic confessional standards of the church," and "repent of any self-acknowledged practice which the confessions call sin." G-6.0106.

Our Constitution requires that all church officers profess their adherence to the fundamental beliefs of our denomination. Those who are nominated for the office of elder must respond to nine Constitutional questions:
a. Do you trust in Jesus Christ your Savior, acknowledge him Lord of all and Head of the Church, and through him believe in one God, Father, Son and Holy Spirit?

b. 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?

c. 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 Scripture leads us to believe and do, and will you be instructed and led by those confessions as you lead the people of God?

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

e. Will you be governed by our church's polity, and will you abide by its discipline? Will you be a friend among your colleagues in ministry, working with them, subject to the ordering of God's Word and Spirit?

f. Will you in your own life seek to follow the Lord Jesus Christ, love your neighbors, and work for the reconciliation of the world?

g. Do you promise to further the peace, unity and purity of the church?

h. Will you seek to serve the people with energy, intelligence, imagination and love?

i. Will you be a faithful elder, watching over the people, providing for their worship, nurture and service? Will you share in government and discipline, serving in governing bodies of the church, and in your ministry will you try to show the love and justice of Jesus Christ? G-14.0207.
It is only these nine broad affirmations that the Presbyterian Church requires of its prospective elders for service within the Church. As the Permanent Judicial Commission has noted with respect to the ordination questions required of candidates for Minister of the Word and Sacrament:
The ordination questions, to which the Constitution of our Church requires an affirmative answer, are designed to admit to the ministry those qualified candidates who are committed to the Church's form of government and mission Maxwell v. Pittsburgh Presbytery, Minutes of the General Assembly (UPC), 1975, p. 254, 257.
Our "policy is a government of law, rather than of men," Id., and it is incumbent upon the Sebastian Session to adhere to the ordination vows as established by the Book of Order. Its failure to do so is in derogation of its responsibility to carry out the instructions of the General Assembly consistent with the Constitution. G-10.0102p(4). See generally Maxwell (affirming reversal by the Synod of the decision to ordain a minister where his responses to questions were inconsistent with the ordination vows). The Sebastian Session, in adopting its confession, has not only sought to impose qualifications for office within the Church different from and more restrictive than those set forth in the ordination vows, but it also seeks to impose on church officers a requirement that they adhere to prescribed empirical standards derived from the confessions, which practice has been specifically rejected by our General Assembly.
1. The "confession" adopted by the Sebastian Session is inconsistent with the ordination vows.
In its October 17, 2001, decision, the Commission correctly noted that the Sebastian Session, in adopting its May 22, 2001, "confession," required its elders to profess a belief that is at odds with the ordination vows. In this regard the second resolution of the confession provides:
Holy Scripture is the revealed Word of the triune God, and the Church's only infallible rule of faith and life.
However, 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.
The difference between the two affirmations is of critical significance. Prior to 1969, elders of the United Presbyterian Church in the United States of America were required to affirm that the Scriptures were the "only infallible rule of faith and practice," a pledge comparable to that of the Sebastian Session. However, at the 181st General Assembly in San Antonio, Texas in 1969, the General Assembly approved the recommendation of the Committee on the Book of Common Worship to amend the ordination vows to be in harmony with the Book of Common Worship. Finding the existing vows in many respects "archaic," the reference to Scripture as the "only infallible rule of faith and practice" was replaced with the wording currently set forth in G-14.0207b. Minutes of the General Assembly, Part I, 1969, pp. 383-387. The action of the General Assembly was overwhelmingly ratified by the Presbyteries. Minutes of the General Assembly, Part I, 1970, pp. 476-478. This identical language was retained in the ordination vows when the United Presbyterian Church and the Presbyterian Church U.S. reunited in 1983.

Accordingly, the Constitution does not ascribe "infallibility" to the Scriptures themselves, and a church officer is not required to profess this belief. Rather that term is reserved for our Lord. Under G-14.0207b we accept the Scriptures "by the Holy Spirit," a term that guarantees our freedom of conscience in that each person may hear the Spirit differently. Moreover, the witness of Scripture is always to "Jesus Christ: who is the "living word."

One of the historic principles of church order, set forth in the Book of Order and derived from the Westminster Confession of Faith at 6.109, guarantees a member's liberty of conscience and reason. G-1.0301. "God alone is Lord of the conscience and hath left it free from the doctrines and commandments of men. . . ." Id. We recognize there may be disagreements within our Church as to interpretation of Scripture, but if consistent with our reformed tradition, we do not exclude from our Communion those with whom we may disagree. As set forth in the Book of Order:
[W]e 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 toward each other. G-1.0305.
G-1.0305. Accordingly, our Book of Order specifically guarantees to our elders "freedom of conscience with respect to the interpretation of Scripture, so long as it does not seriously depart from the standards of the reformed faith and infringe on the rights and views of others. G-6.0108. An elder may exercise that freedom of conscience "within certain bounds" prescribed by the Presbyterian Church. Id. Those bounds are set forth in the ordination vows to which each prospective elder is required to respond when being installed as an officer of the Church. The Sebastian Session, in seeking to require elders to affirm a confession far more restrictive than that set forth in the ordination vows, infringes on the freedom of conscience our Constitution is designed to protect. This Commission correctly concluded that the second resolution of the Sebastian Session's confession is improper.
2. The Sebastian Session has erred in attempting to require church officers to submit to prescribed empirical standards derived from the Confessions, which practice has been rejected by our General Assembly.
As set forth above, the Sebastian Session has exceeded its authority in adopting a confession which purports to bind its members and in establishing requirements for ordination of church officers inconsistent with our Book of Order. More importantly, however, the Sebastian Session's attempt to require nominees for church office to adhere to selected theological positions derived from our recognized Confessions is fundamentally flawed.

The Sebastian Session has identified in its confession four statements, adherence to which it contends are required for selection as a church officer. The respondent has derived these statements from portions of the Book of Confessions. This is reflected in respondent's answer, which claims to support its confession with references to over 30 selections from various of our historic confessions. (Respondent's Amended Answer and Affirmative Defenses at pp. 2-15.) In fact, as acknowledged by respondent, it is the Sebastian Session's belief that nominees for church office must adhere to an "exhaustive recitation of the confessions." (Respondent's letter to the Commission dated December 11, 2001 at p.2.)

However, the respondent fails to accurately recognize the role of the Confessions in our Church order. The Confessions of the church "reflect a particular stance within the history of God's people." G-2.0500b. They constitute "subordinate standards in the church, subject to the authority of Jesus Christ, the Word of God, as the Scriptures bear witness to him." G-2.0200. Once again, this is reflected in historical changes to our Book of Order, and specifically, the ordination vows.

Prior to adoption of The Book of Confessions, the constitutional confessional standard was the Westminster Confession of Faith with its attendant Catechisms. Accordingly, the role of the Westminster Confession of Faith was reflected in the ordination vows:
(3) Do you sincerely receive and adopt the Confession of Faith and the Catechisms of this Church as containing the system of doctrine taught in Holy Scripture?

(emphasis added).
However, under the Book of Confessions, we have nine confessional statements. With the adoption of the Book of Confessions, the role of the Confessions, as reflected in the ordination vows, changed as well. In this regard, the ordination vows for elders and deacons provides in part:
c. Do you sincerely receive and adopt the essential tenets of the Reformed faith as expressed in the confessions of our 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?

d. Will you fulfill your office in obedience to Jesus Christ, under the authority of Scripture, and be continually guided by our confessions? G-14.0207c and d (emphasis added).
Therefore, while formerly the function of the Confessions "related to a systematic development of doctrine taught by Scripture," under the current ordination vows, the function of the Confessions is "to instruct and guide the candidate as he or she leads the people of God to a greater understanding of Jesus Christ through the unique and authoritative witness of the Holy Scripture." Rankin v. National Captial Union Presbytery, Minutes of General Assembly, 1981, Part I, p.113, 115. (Commonly referred to as the "Kaseman Case"). The changes in the ordination vows over the years and, more importantly, the changes in the role of the Confessions as reflected in those vows, "demonstrates our Church's continued allegiance to its long heritage in the reformed tradition-reformed, yet always being reformed." Id. See G-2.0200.

Likewise, the changes in the ordination vows reflect a fundamental change in the manner in which candidates are examined for office. No longer do we subject candidates to an examination based on selected statements from our Confessions. Rather, we seek to determine that our candidates will be "guided" by those Confessions in serving as leaders of our Church. As explained by the Permanent Judicial Commission in Rankin:
Whereas, formerly, the candidate's examination sought to determine if the candidate could subscribe to the system of doctrine and the propositional statements that were a part of the Westminster Confession and Catechisms; now the focus of the examination is on the candidate's ability to use a number of confessional formulations to learn from, be guided by, and lead the people of God. Formerly, the Constitution prescribed empirical standards, as set out in the vows, the Westminster Confession, and the larger and shorter Catechisms, by which the candidate's theology was judged. Now the Constitution places the primary focus of the candidate's examination not on his or her conformity with theological prescriptions by rather on the candidate's willingness and commitment to be instructed by the Confessions of our Church and continually be guided by them in leading the people of God. Id. at 115.
The Sebastian Session has adopted a confession which it has imposed on all members as a condition of church office. It derives the statements in its resolution from selected portions of the Book of Confessions. However, our Book of Order does not require "a candidate to vow a subscription to a system of doctrine which [is] a collection of statements about an indefinite number of theological truths. . . ." Rankin at 117 (quoting the decision of the Synod). Once again, the Sebastian Session has sought to impose conditions on church leadership inconsistent with our Constitution. On this ground, as well, the "confession" of the Sebastian Session must not be allowed to stand.
C. The Sebastian Session Has Further Violated the Book of Order by Attempting to Remove a Properly ordained and Installed Elder.
Mr. Blessing was elected by the congregation of First Presbyterian to the Sebastian Session. He acknowledged the ordination vows set forth in G-14.0207 at the time of his installation and has continued to adhere to the fundamental principles set forth in those vows. However, on May 22,2001, the Sebastian Session sought to impose a new condition on his service as an elder-subscription to it confession. The "confession," as set forth above, is significantly different from the theological principles he acknowledged at the time of his ordination. The respondent has now insisted that if Mr. Blessing does not affirm the confession, he must withdraw from service.

However, the office of elder is perpetual, "and no one can lay it aside at pleasure or be divested of it except as provided in the Rules of Discipline." G-14.0203. Accordingly, unless the elder resigns from office, or is unable to perform the requisite duties for a period of one year due to disability or change of residence, G-14.0210, the elder shall remain in office unless excluded by the Permanent Judicial Commission of the Presbytery after trial and a finding that the elder committed an aggravated offense. D-12.0104-5. Once again, the Sebastian Session has sought to impose a condition on service as an officer of the church in clear contravention of our Constitution. On this ground as well the May 22, 2001, resolution of the Sebastian Session must be rejected.
CONCLUSION
The respondent characterizes Mr. Blessing's position as an effort to "renounce the authority and/or command of scripture." (Amended Answer at pp. 15-16.) Respondent's cavalier mischaracterization is unfortunate, for what is at issue is one of the paramount foundations of our denomination-the right of a member to exercise the freedom of religious belief within the bounds of our reformed faith. Mr. Blessing's religious beliefs are consistent with the vows he undertook on becoming a church officer. Rather than Mr. Blessing seeking to "renounce . . . scripture," it is the respondent that seeks to unconstitutionally limit that which we may believe. Mr. Blessing's complaint must be sustained.

This Commission ordered the Sebastian Session to bring its "confession" into conformity with the Book of Order, specifically by (1) bringing item two into conformity with the constitutional question to the officers (G-14.0207b); and (2) deleting the entire second item of paragraph two. The Sebastian Session has refused to do this. Clearly, the basis for the Commission's decision was correct. In view of the Sebastian Session's refusal the Commission has no alternative but to sustain Mr. Blessing's complaint.

It is respectfully requested that, not only the complaint be sustained, but also that the Commission order the Sebastian Session to:
(1) Rescind its action of May 22, 2001 adopting the "confession" in question;

(2) Refrain from requiring members to affirm said "confession" as a prerequisite to ordination and/or installation of officers, and refrain from requiring any person to affirm said "confession" as a prerequisite to employment in any ministry position;

(3) Order the Sebastian Session not to exclude any duly elected member of the session from a session meeting and from access to session minutes;

(4) Inform the Sebastian congregation in its next issue of its newsletter, The Presbyterian Post, of its rescission of said "confession," that members will not be required to affirm said "confession" as a prerequisite to their ordination and/or installation as officers, and that no one will be required to affirm said "confession" as a prerequisite to employment in any ministry position;

(5) Inform the Sebastian congregation in its next issue of its newsletter, The Presbyterian Post, that ordination and/or installation as officers requires affirmative answers to only nine questions set forth in G-14.0207, which questions shall be printed in the newsletter; and

(6) Forward a copy of said newsletter to the Moderator of the Permanent Judicial Commission.
Respectfully submitted, this the 30th day of January 2002.

_______________________________
David C. Smith
Co-counsel for Complainant Norman F. Blessing
KILPATRICK STOCKTO LLP
1001 West Fourth Street
Winston-Salem, North Carolina 27101
Telephone: (336) 607-7300

_______________________________
John Coventry Smith, Jr., Esq.
Co-counsel for Complainant Norman F. Blessing
306 Palmetto
Lane Largo, FL 33770

_______________________________
Reverend Alan J. Pickering
Co-counsel for Complainant Norman F. Blessing
Stated Clerk Presbytery of Tampa Bay
720 North Shore Drive, N.E.
St. Petersburg, FL 33701-2622