Letter reveals investigating panel sought leniency for Van Kuiken By John H. Adams The Layman Online Wednesday, May 21, 2003 Nearly three months before the Permanent Judicial Commission of the Presbytery of Cincinnati rebuked the Rev. A. Stephen Van Kuiken for breaking church law, the presbytery's investigating committee urged the court to go easy on the minister. In its Feb. 28 letter, which became public this week, the investigating committee expressed its sympathy for Van Kuiken and outlined a defense for his actions. It was the investigating committee – "with heavy hearts and extreme dismay" – that filed the formal charges against Van Kuiken for ordaining practicing homosexuals and "marrying" same-gender couples. Although the committee agreed with Van Kuiken on those issues, it said it had no choice other than to file the charges. On April 21, the presbytery's Permanent Judicial Commission declared that Van Kuiken was not guilty of ordaining practicing homosexuals – because that was an action that had involved his congregation and session as well – but guilty of marrying same-gender couples. The court publicly rebuked him and ordered him not to "marry" any more same-sex couples. Van Kuiken appealed the decision and ignored the order. On May 17, he officiated at the "marriage" of a lesbian couple at Mount Auburn Presbyterian Church in Cincinnati, where he is the pastor. The original complaint against Van Kuiken was filed by Paul Rolf Jensen, a Reston, Va., lawyer who said the minister had – by repeated acts of constitutional defiance – violated his ordination vows and renounced the jurisdiction of the Presbyterian Church (USA). If a court declares that a minister has renounced the jurisdiction of the denomination, his ordination is annulled. The investigating committee refused to include the renunciation charge in its allegations. Instead, its letter included a strong endorsement of Van Kuiken's opposition to church laws against ordaining practicing homosexuals and "marrying" same-gender couples. The committee even recommended the wording for the Permanent Judicial Commission to use in rebuking Van Kuiken. The court did not follow that text. In one key area, there was a substantial difference. The committee asked the court to conclude the rebuke with this sentence: "We enjoin you to focus your energies to work within the denomination to seek the Constitutional changes that you support in your ministry." The court's censure concluded: "We urge you to use diligently the means of grace to the end that your actions may be without offense to the Constitution of the Presbyterian Church (USA)." Otherwise, the presbytery court seemed to follow the recommendations of the investigating committee, despite the warning of elder Charles H. Brown, one of its members, who argued in a dissent that "a rebuke doesn't resolve this case." "Based on the facts before us," Brown wrote, "a simple rebuke will not correct or restrain wrongdoing, restore the unity of the church by removing the causes of discord and division or secure the just, speedy, and economical determination of proceedings." In its letter, the investigating committee predicted just what Brown concluded. It said Van Kuiken, after being offered a negotiated settlement by the committee, "was unable in good conscience to agree to no longer performing ordinations and installations of non-repentant gays and lesbian members, and 'marriage' ceremonies of gay and lesbian couples." The letter repeatedly expressed its sympathy for Van Kuiken and his ministry and claimed that the church law he violated is not the final word. "… We strongly believe that the issue of the ordination of gay and lesbian members has not been ultimately settled in our denomination." The Presbyterian Church (USA) and its predecessor denominations in America – dating back to 1789 – have never allowed the ordination of practicing homosexuals. Since 1978, that church law has been upheld by an authoritative interpretation of the Constitution by the General Assembly and three denominationwide referendums. The affirmation of the constitutional standard has increased with each successive referendum. Nearly 75 percent of the presbyteries affirmed the constitutional "fidelity/chastity" ordination standard – G-6.0106b in the Book of Order – in 2001. The 215th General Assembly, which will meet in Denver on May 24-31, will consider yet another overture calling for repeal of G-6.0106b. But the Covenant Network, the most powerful independent group in the left flank of the denomination, fears an even more lopsided vote against repealing G-6.0106b and has announced that it will not support the overture. The following is the text of the investigating committee's letter to the Permanent Judicial Commission of the Presbytery of Cincinnati. February 28, 2003 Permanent Judicial Commission Ms. Janis Adams, Stated Clerk Presbytery of Cincinnati 1323 Myrtle Avenue Cincinnati, OH 45206-1708 To All Concerned: It is with heavy hearts and extreme dismay that Investigating Committee 02-02 has filed the two charges contained in our Conclusion of Investigation, dated February 10. 2003. Our committee investigated all of the matters that were raised in the Accusation filed by Mr. Paul Rolf Jensen and the Accusation filed by Reverend Charles A. Wilkerson which the Stated Clerk asked us to continue with Mr. Jensen's. We have reluctantly found that offense no.2 and offense no.4 Mr. Jensen's Accusation are supported by sufficient evidence to require that we file the charges contained in our Conclusion of Investigation. We have also found sufficient evidence to support the Accusation by Reverend Wilkerson. In our committee's interviews with Reverend Van Kuiken, he has attested the truth of the factual allegations that form the basis of the two charges. He has also given us a signed statement of Admissions. In addition, we interviewed several persons who participated in or witnessed some of the events that are the basis of the charges that we have filed. We emphasize that our committee has wholeheartedly determined that there is not sufficient basis to file any charges based upon the additional allegations and alleged offenses contained in the Accusation filed by Mr. Jensen. Among other things, we did not find that the actions taken by Reverend Van Kuiken amount to "renouncing the jurisdiction of the Presbyterian Church (USA)." In addition, we strongly believe that the issue of the ordination of gay and lesbian members has not been ultimately settled in our denomination. We decided to file the two charges against Reverend Van Kuiken only because we were required to do so, based upon the facts and the facial reading of G-6.0106b and W-4.9001. All of the members of our committee have serious reservations about these provisions of the Book of Order and about the bringing of Accusations against Reverend Van Kuiken. While we do not discuss all of these reservations in this letter, we wish to mention several reasons that the above paragraphs in the Book of Order, and the apparently orchestrated accusations based on them, present a critical constitutional dilemma for our entire denomination. G-6.0106b contradicts other sections of the Book of Order, including those sections on inclusiveness (G-3.0401b and G-5.0103), issues of conscience (G1.0301a), right of members (G-5.0202), the right of people to elect officers (G-6.0107) and subordination of the confessions to the authority of Jesus Christ, the Word of God (G-2.0200). Consequently, we, and apparently many other Investigating Committees, have been placed in a constitutional double-bind by Mr. Jensen, Rev. Wilkerson, and the provisions of G-6.0101b. In order to uphold one provision of the constitution, one must violate many other provisions. Second, we believe that G-6.0106b contradicts many of the Scriptural exhortations and calls to discipleship in Jesus' life and ministry. Our investigation and hearing of witness' testimony attests that Reverend Van Kuiken's congregation actively embraces the Gospel's call to welcome all people into its various forms of worship and service without discrimination for reasons of sexual orientation. Rev. Van Kuiken's parishioners told us that Mt. Auburn's fellowship and Rev. Van Kuiken's leadership have given them full acceptance and thus a unique opportunity to grow in personal faith and Christian mission. They told us that other Christian churches and pastors, including Presbyterian, have not made them feel as comfortable or welcome, or have given them the leadership and growth opportunities that they have at Mt. Auburn. Third, we believe that G-6.0106b is being used selectively in this and other Accusations filed by Mr. Jensen and others. These much publicized complaints have so far been limited to the arena of ordaining gay and lesbian members, rather that looking to the broader picture of denying ordination to anyone who refuses to repent of what the Confessions call "sin". That list, indeed, is very long, and if G-6.0106b was truly and fully enforced, it would deny a much greater number of Presbyterians the acceptance of God's call to ordination through the voice of the Church. Fourth, we believe that Reverend Van Kuiken has been singled out by his accusers because of his vocal and visible stance on this matter. Indeed, this threat to Rev. Van Kuiken and his church may result in much more than the possible loss of a "non-compliant" pastor. Our gravest concerns are not for ourselves, nor for Rev. Van Kuiken, nor for the Mt. Auburn church. We are seriously concerned that those Presbyterians who continue to use our Book of Order to exclude and indeed thwart other dedicated Presbyterians from doing the work of Jesus Christ in the world are undermining Christ's own mission, which the Book of Order was written to uphold. Before filling the Conclusion of Investigation we informed Reverend Van Kuiken of our determination that there are probable grounds or cause to believe that he had committed the two offenses. We discussed with him the possibility of attempting to reach an agreement through alternative forms of resolution, as provided in D-10.0202g. However, he was unable in good conscience to agree to no longer performing ordinations and installations of non-repentant gays and lesbian members, and "marriage" ceremonies of gay and lesbian couples. We recommend that if the permanent judicial commission determines that Reverend Van Kuiken is guilty of any offense that the sanction imposed be a rebuke (D-12.0101) in a form to be adapted to these unique circumstances. A copy of our recommended rebuke is attached to this letter. In Christ, Presbytery Investigating Committee 02-02 R. Thomas Brackbill Drew S. Diehl Beth McHenry Alexa Naramore Attachment REBUKE AND SANCTION: Recommended by PIC-02-02 in the case of Rev. A. Stephen Van Kuiken: Whereas you, A. Stephen Van Kuiken, have been found guilty of the offenses of participating in the ordination and installation of Deacons, and Elders who refuse to repent of self-acknowledged practice(s) which the confessions call sin, which is in violation of section G-6.0101b of the Constitution of the Presbyterian Church (USA), and performing ceremonies at the Mt. Auburn Presbyterian Church which were in violation of section W-4.9001 of the Constitution of the Presbyterian Church (USA). Now, therefore, the Presbytery of Cincinnati, in the name and authority of the Presbyterian Church (USA), expresses its condemnation of these offenses and rebukes you. We enjoin you to focus your energies to work within the denomination to seek the Constitutional changes that you support in your ministry. The following is the text of the actual censure by the Permanent Judicial Commission of the Presbytery of Cincinnati. CENSURE: Whereas you, the Rev. A Stephen Van Kuiken, have been found guilty of the offense of performing same sex marriage ceremonies, and by such offense you have acted contrary to the Constitution of the Presbyterian Church (USA); now, therefore, the Presbytery of Cincinnati, in the name and authority of the Presbyterian Church (USA), expresses its condemnation of this offense, and rebukes you. You are directed to perform marriage ceremonies only for a man and a woman. If you perform services of holy union, you are directed to take special care to avoid any confusion of such services with Christian marriage. You shall not appropriate specific liturgical forms from services of Christian marriage but follow the guidance of W-6.2001-2004, 6.3010, and 6.3011. You shall instruct same-sex couples that the service to be conducted does not constitute a marriage ceremony and should not be held out as such. We urge you to use diligently the means of grace to the end that your actions may be without offense to the Constitution of the Presbyterian Church (USA).

Respond to this article

Home · Archives · The Layman · PLC Publications Presbyterian Lay Committee · Feedback · Links