Investigating committee declines trial in gay-marriage accusation By John H. Adams The Layman Online Wednesday, April 13, 2005 Despite evidence that a Presbyterian minister violated the constitution's prohibition against conducting marriage services for same-sex couples, an investigating committee for Mission Presbytery in Texas decided that the minister should not face trial. Photo by Roni Gendler This photograph of the Rev. Jim Rigby, conducting a marriage service for a same-sex couple on the campus of the University of Texas, appeared in The Daily Texan on April 23, 2004. The couple were identified as Cody Sadler and Ryan Richard, male students. The evidence in the case included the self-incriminating words of the minister, the Rev. Jim Rigby of St. Andrews Church in Austin, and a photograph of Rigby presiding at the "marriage" of a same-sex couple during a "marriage equality" day on the campus of the University of Texas. Fifty same-sex couples were married that day in defiance of Texas state law and, in Rigby's case, the Presbyterian Church (USA)'s prohibition against ministers performing anything akin to a marriage service for homosexual couples. The Daily Texan quoted Rigby as saying, ""We're not staging this as a Las Vegas-style wedding chapel. We're talking about faithful relationships. Marriage is not about sexuality or making babies." Nonetheless, the presbytery's investigating committee dismissed an accusation against Rigby by Robert Brown, a student at the University of Texas, and the Rev. Dr. William J. Parr, his home church pastor in Carrollton, Texas. They contended that Rigby violated his ordination vows by conducting the services in defiance of the PCUSA constitution and rulings by the denomination's highest judicial body, the Permanent Judicial Commission of the General Assembly. Brown and Parr were represented by Paul Rolf Jensen, a Presbyterian lawyer who has filed numerous complaints against ministers who openly stated that they are in homosexual relationships. The investigating committee notified Jensen that "we … have completed our investigation and will not file charges." On behalf of Brown and Parr, Jensen appealed to the Mission Presbytery Permanent Judicial Commission to review the decision of the investigating committee. "The grounds for this petition are that overwhelming evidence was presented to the Investigating Committee of the truth of the accusations, which evidence therefore constituted such cause to file charges such that the decision of the Investigating Committee not to file charges constituted an abuse of its discretion and a failure to fulfill its duties under D-10.0202," he said in the petition for review. Jensen said the evidence before the committee "constituted clear and unequivocal evidence" of grounds for the accusation, including: "On or about April 23, 2004, the accused officiated at what he called and believed to be a 'marriage ceremony' between two persons of the same sex. "Within the two years last past, the accused has on other occasions officiated at what he called and believed to be a 'marriage ceremony' between two persons of the same sex. "Within the two years last past, the accused has on more than one occasion participated in the ordination and installation of persons whom he believed to be self-affirming practicing homosexuals, including but not limited to Elder Suze Miller. "On or about September 9, 2004 the accused told Robert Brown that the foregoing facts were true, and that he was not constrained by the provisions of the Book of Order preventing such actions on his part, and that he would not deny this accusation. "On or about June 28, 2004 the accused stated in a meeting between himself, Jane Spahr, Lisa Larges and Paul Rolf Jensen that the foregoing facts were true, and that he was not constrained by the provisions of the Book of Order preventing such actions on his part. "The accused gave an interview to Matt Lum of the Texas Triangle wherein the accused stated that he was not bound by the provisions of the Book of Order, 'no matter what' it required, and that 'we are never going to obey discriminatory laws here at St. Andrew's.' "The accused has given numerous other press interviews wherein he stated that he foregoing facts are true." Rigby himself has welcomed the accusations and a church court trial. "Either they have to strip me of my ordination, or the church has to change," Rigby told the Austin American-Statesman.

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