Baltimore Presbytery rescinds vote to back same-sex marriages By John H. Adams The Layman Online Friday, January 14, 2005 Faced with a complaint that its previous decision violated the Constitution of the Presbyterian Church (USA), the Presbytery of Baltimore has rescinded its vote to support an amicus curiae brief favoring same-sex marriages in the state of Maryland. The vote at Thursday's called meeting was 86-71 to rescind what the presbytery had approved on Nov. 18 by a 51-35 vote. Thus, nearly twice as many commissioners voted on rescission. The special meeting was called after two ministers in the presbytery – the Rev. Joseph Condro of Churchville Presbyterian Church in Churchville, Md., and the Rev. David Wilson, pastor of Grove Presbyterian Church in Aberdeen, Md. – filed a complaint against the presbytery with the Permanent Judicial Commission of the Synod of the Mid-Atlantic. The synod issued a stay prohibiting the presbytery from filing the amicus curiae brief, pending the outcome of a synod trial. By rescinding its November action, the presbytery avoids having to face a trial. In their complaint against the presbytery, Condro and Wilson contended: The [November] action of the presbytery was contradictory to the Constitution. The Book of Order of the Presbyterian Church recognizes marriage as a union only of a man and woman, whether the marriage is conducted in a church or in a civil ceremony. The presbytery does not have the authority to sign onto an amicus brief. The presbytery was required to tell the overturing sessions that they were in error in supporting a position contrary to the Constitution. In November, the presbytery approved three statements included in an overture from Brown Memorial Park Presbyterian Church: "That the Presbytery of Baltimore goes on record … in support of the recognition of 'Civil Marriage' for same-gender couples as an appropriate means for securing access to the rights, benefits, privileges, and responsibilities of marriage in our society." "That the Stated Clerk of the Presbytery is directed to subscribe the Presbytery of Baltimore to the Amicus Brief being filed in the case of Deane and Polyak vs. Conaway on behalf of religious organizations and individuals in Maryland, provided that a review of the brief by the Stated Clerk determines that it is consistent with this and all other policy statements of the Presbytery." "That the Peace and Justice Committee be directed to include in its advocacy opposition to legislation and constitutional amendments which further prohibit civil marriage." The Deane and Polyak in the civil case are Brown Memorial members Gitanjali Deane and Lisa Polyak, a lesbian couple who were refused in their attempt to apply for a marriage license. They filed a civil action against Frank Conaway, Baltimore's City Circuit Court clerk, asking the court to require that they be issued a marriage license. In presenting its overture, Brown Memorial described Deane and Polyak as "two courageous members" and affirmed "their belief that the State of Maryland has no compelling interest in restricting marriage to opposite-sex couples, with the result that gay and lesbian couples are denied the privileges, benefits, and responsibilities of marriage." The remedial complaint filed by Condro and Wilson is the second time that the synod has intervened in the affairs of the Presbytery of Baltimore. On March 27, 2004, the synod voted 19-14 to name an administrative commission to conduct a review of the presbytery, including whether it has been obeying the "lawful injunctions of a higher governing body."

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