Appeal to highest PCUSA court filed in same-sex union case By John H. Adams The Layman Online Friday, December 10,1999
Julius J. Poppinga, the attorney for the complainants, said the appeal to the Permanent Judicial Commission of the General Assembly cites six of the seven grounds for appeal recognized by church rules. Those grounds include the refusal by the Permanent Judicial Commission of the Synod of the Northeast to require Susan DeGeorge and Joseph Gilmore, the co-pastors of South Church in Hobbs Ferry, N.Y., to testify during the trial, which was held in Newark in November. Five requests denied Three times during the trial and twice in pre-trial filings, Poppinga asked the commission to issue citations requiring their testimony. All five requests were denied. DeGeorge and Gilmore had told reporters for The Journal News of Westchester County, N.Y., and The New York Times, that they had conducted about 15 "holy unions" for same-sex couples at South Church. The news accounts quoted DeGeorge and Gilmore as using the words "holy union" and marriage interchangeably. Furthermore, testimony in the trial quoted Gilmore as telling the Hudson River Presbytery that a same-sex union was the same as marriage. The synod court said the holy union services were not marriages, but there was no description of the services during the trial and Poppinga said the court reached its conclusion without adequate information. All of the original complainants – seven ministers and eight congregations in region – joined in the appeal. Decision 'tries to split hairs' The synod court's decision "tries to split hairs," Poppinga said. "While finding that same-sex marriages and [same-sex] weddings are not authorized, it nevertheless ruled that church services solemnizing same sex 'holy unions' are OK, even in the face of evidence that one of the ministers who performed such ceremonies admitted he could not tell the difference." Poppinga expressed confidence that the General Assembly court "will take a more judicial approach to the subject and will agree that the church and its ministers may not endorse relationships that are contrary to established church law." The synod court voted 7-3, and there were two dissents. Dissent by court moderator One was written by Fred Denson, moderator of the synod court. He said, "The official position of the denomination is that homosexual orientation is not sin and that homosexual practice is sin. (Report of Assembly Committee on Ordination and Human Sexuality as adopted by the 208th General Assembly, Minutes, 1996, page 79) Same gender holy unions are a manifestation of homosexual practice. Because presbytery's action sanctions this sinful activity, it is erroneous. "Complainants have met their burden of proof by showing that the Presbytery approved the contested union and by presenting unrebutted evidence that homosexual practice is sin. Therefore, the irregularity specified in the complaint should be sustained. My conclusion is independent of the issue of whether a holy union is the same as a marriage." The other dissent was written by Dr. D. Dean Weaver and the Rev. Craig C. Kerewich. They said that although the Book of Order lacks specific reference to same-sex unions, that "should not be interpreted as an endorsement of these ceremonies." They also said the complaint should have been sustained. Poppinga said the fact that DeGeorge was a member of the synod permanent judicial commission – although she recused herself from hearing the case – "suggests internal conflict in the court."
The parties in the case say they do not expect to be heard before the spring of 2000. The annual meeting of the General Assembly will begin on June 24, 2000. |
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