 Ohio church session seeks action to discipline defiant church officers The Layman Online Friday, December 6, 2002 The session of College Hill Presbyterian Church in Cincinnati has adopted a resolution and proposed an overture calling on the denomination to exercise discipline against church officers who are defying the Constitution of the Presbyterian Church (USA). A copy of the resolution, titled "Our Constitution and Being the True Church," was sent to the denomination's stated clerk, Clifton Kirkpatrick, and the proposed overture, "Action to Heal Schism in the Church," was submitted to the Presbytery of Cincinnati for consideration at its meeting on Jan. 11, 2003. A copy of the overture also went to Kirkpatrick. The session of College Hill, a congregation with more than 1,300 members, approved both documents unanimously, saying the resolution and overture are "designed to address national efforts by some to overtly defy the ordination standards in the Constitution of the PCUSA. The current constitutional crisis that threatens the very nature of our connectional church is of grave concern to us. We believe that the peace, unity and purity of the church depend upon the church's ability to govern itself and set its own standards. Those persisting in defiance must come under the authority of the church or the church must recognize that they have separated themselves from the church." The proposed overture must be approved by the Presbytery of Cincinnati before it could be considered by the next meeting of the General Assembly. It asks for a declaration that the Presbytery of Baltimore, which has refused to allow a church trial of a homosexual minister who has openly defied the church constitution, is schismatic. The overture calls on the General Assembly to establish an administrative commission to review Baltimore Presbytery's response to cases of open defiance of the Constitution of the PCUSA. Furthermore, that the commission would be authorized to "declare and establish the true Presbyterian Church (USA) in the Baltimore Presbytery" and to remove officers who defy the constitution from membership and ordained office. Following are the texts of the resolution and the overture. RESOLUTION: OUR CONSTITUTION AND BEING THE TRUE CHURCH Background: During 1994 and 1995, the College Hill Presbyterian Church's Session addressed whether the church's life and ministry would continue within the Presbyterian Church (USA). The process clearly revealed the grace of God, the diligent efforts of a capable Administrative Commission of the Cincinnati Presbytery and the earnest forbearance of men and women seeking the will of Christ. In October, 1995, the Session reaffirmed the 142 year old covenant of the church to "organize and walk according to the rules of the Presbyterian Church." The Session further declared, "We...commit ourselves to the peace, unity, purity and revitalization of the Presbyterian Church (USA)...." The current Constitutional crisis that threatens the very nature of our connectional church is of grave concern to us. In this regard, we respectfully submit this Resolution. The text in italic is intended as explanatory comments. RESOLUTION BE IT RESOLVED that on December 2, 2002 at its regularly scheduled meeting, The Session and Pastoral Staff of the College Hill Presbyterian Church of the Presbyterian Church (U.S.A.), Cincinnati OH , declared: We affirm our ultimate commitment and submission is to the supreme authority of Jesus Christ, the Lord of the Church, and thus, We trust the Word of God as revealed in Scripture and reject the elevation of personal opinion and self as ultimate authority. In our denomination, there are a number of examples of ordained officers breaking the promises they made at their ordination, "to be governed by the church's polity and abide by its discipline." Instead, they are setting their own personal opinion above the collective judgment and discernment of the church and demanding that the church adapt to tolerate their way of thinking. This kind of behavior is undermining the peace, purity and unity of the church. It also denies the sovereignty of God as revealed in the Risen Lord, Jesus Christ. We reaffirm our firm commitment and submission to the authority of the Constitution of the Presbyterian Church (U.S.A.), having freely placed ourselves under that authority by our ordination vows, and thus, Being a member or officer of the Presbyterian Church (U.S.A.) is a voluntary action. No civil benefits are attached -- you don't get to vote at the polls early or more often, you don't get better parking spots, you don't get any break on your taxes because of your church membership. You are a part of the Presbyterian Church (U.S.A.) because you have voluntarily joined; likewise, there is no civil penalty for withdrawal. If a member's conscience is so violated by something the church decides, the right to withdraw is always available. Doing so does not cause the person to lose his/her civilian vote, he/she isn't excluded from parking spots, and greater taxes are not imposed. Being a part of the Presbyterian Church (U.S.A.) is an intentional choice. We share a bond with all others who have made that same commitment to submit to the authority of the Presbyterian Church (U.S.A.) and grieve when some seek to tear that bond by defiance of the Constitution. We pray for repentance but we will recognize the consequences of defiance. This is not the first time controversy has been part of the life of the Presbyterian Church (U.S.A.). In fact, the church recognizes as a part of its the Historic Principles, Conscience, and Church Government, (a report approved by the General Assembly in 1983) that, after any action of a governing body, "an individual still has guaranteed rights including the following five options:" (1) The right to work for change. (2) The right of dissent, protest, or appeal. (3) The right of passive concurrence. (4) The right of active concurrence. (5) The right of peaceful withdrawal. "On some matters, the individual dissenter may not be able to submit passively to an action which involves personal conscience. The matter is too important for the person to submit. The 'Form of Government' provides guidance in such a situation by citing in a footnote, the provisions of the 1758 Plan for Reunion (See footnote to G-6.0108.) Peaceful withdrawal can be made when an individual cannot in good conscience continue membership in the governing body and is able to withdraw without creating schism." Active defiance is not an option because its only purpose is to create schism. We pledge ourselves to labor for a just and equitable adherence to the Constitution by utilizing the Rules of Discipline in the spirit of its Preamble, and thus, From the Preamble, "The power that Jesus Christ has vested in his Church, a power manifested in the exercise of church discipline, is one for building up the body of Christ, not for destroying it, for redeeming, not for punishing. It should be exercised as a dispensation of mercy and not of wrath so that the Great Ends of the Church may be achieved, that all children of God may be presented faultless in the day of Christ." This means that the Church MUST exercise discipline to help believers grow in Christ. Those who reject and defy the church's discipline are defying Christ himself and will be held accountable. For the integrity of our corporate witness, we expect that the judicial and administrative processes will actively serve to uphold the Constitution we all promised to support. In our Book of Confessions (a part of our Constitution), one of the confessions is the Scots Confession. In this confession, there are three "marks" of the true church that are provided to help believers have confidence that they are a part of a valid faith community. Those marks are: (1) the word rightly preached; (2) the sacraments rightly administered, and (3) ecclesiastical (church) discipline rightly ministered. If the church tolerates open defiance, it abandons the third mark of the true church and, as a result, rightly causes great anxiety about whether the Presbyterian Church (U.S.A.) is a valid faith community. We invite others in the Presbytery of Cincinnati and in the PC(USA) to join us in this commitment to uphold the whole Constitution for the whole church. To that end, we request the Presbytery's Stated Clerk to distribute this Resolution to the Pastors and Clerk of Session of all churches in the Presbytery. CHPC Session and Ministerial Staff Bob Bechtel, Lynn Carlin, Rev. Wayne Darbonne, Rick Duke, Dottie Engle, Rev. Stephen Eyre, Rev. Pat Hartsock, Barbara Huston, Mark Jorgensen, Dave Kuyper, Carolyn Madison, Leo Osborne, James Rice, Jr, Alice Robbins, David Shaw, Maggie Smith, Andres van der Bent, Robert Wade Other Ministerial Staff: Norma Gehner, Mark Squire Rev C Patrick Hartsock, Moderating Jane Booth, Clerk Copy: Clifton Kirkpatrick, Stated Clerk of the General Assembly OVERTURE Action to Heal Schism in the Church The Presbytery of Cincinnati requests that the earliest General Assembly (the 215th General Assembly (2003) or a Special Assembly) take the following actions: 1. Declare that Baltimore Presbytery has acted to bring about schism. 2. Establish an administrative commission to take Special Administrative Review of Baltimore Presbytery's administrative response to cases of open defiance of the Constitution of the PCUSA. 3. Empower the administrative commission to declare and establish the true Presbyterian Church (U.S.A.) in the Baltimore Presbytery region and, if necessary, to assume original jurisdiction of it. 4. Empower the administrative commission: a. to meet with church officers in Baltimore Presbytery for the purpose of consultation and notice, and b. if those church officers persist in work disapproved by the General Assembly Permanent Judicial Commission, 1. declare that those church officers have renounced the jurisdiction of the church, 2. remove the officers from membership and ordained office, and 3. terminate the exercise of office. Background: On July 7 of 2000, the GA Permanent Judicial Commission stated that "This Commission finds that there are no constitutional grounds for a governing body to fail to comply with an express provision of the Constitution . . . Assertions of inconsistency, confusion, or ambiguity may justify the right to protest. They do not create a right to disregard any part of the Constitution." (Session of Londonderry Presbyterian Church, et al. v. Presbytery of Northern New England) [Remedial case 213-2] Following that decision, the assumption was that governing bodies would apply the corrective power to make sure that defiance was corrected ("corrected" being a technical term; in this context, it means compliance or consequence). The assumption was that higher governing bodies would require individuals or lower governing bodies to repent of their defiance or the higher governing bodies would take corrective action to effect that result. The assumption was: compliance or consequence. The problem is that the assumption is – for the first time in the life of the church – not valid. Almost two and a half years later, governing bodies are not exercising corrective power based upon the decision of the GA PJC. These cases are very public. The Baltimore Presbytery recently acted: (1) the presbytery has decided to ignore the Constitution, (2) the presbytery's Investigating Committee has turned a blind eye on egregious misbehavior by a pastor, and (3) the presbytery's Permanent Judicial Commission has declined to take up the case on appeal. According to the Presbyterian Outlook, Baltimore Presbytery's Permanent Judicial Commission on Nov. 14, 2002 affirmed the "no charges" recommendation regarding Rev. Don Stroud, the pastor who was in open defiance, setting precedent that the Constitution does not apply if a presbytery does not want to abide by it. There is no appeal. According to the Constitution, "The matter is concluded." (D-10.0303e) While the matter may be concluded regarding the issues surrounding Don Stroud, the implications of this decision are much more far reaching. The issue is schism - not homosexuality. Does the Constitution have any authority? If it is not upheld, there is schism. Thus: Baltimore Presbytery refused to uphold the Constitution and affirmed outright defiance of it. That is schism. Next, even if the Synod of Mid-Atlantic takes Special Administrative Review and orders Baltimore Presbytery to take action regarding Stroud's defiance – which could lead to the determination that he has "renounced jurisdiction" – that he has moved himself beyond the jurisdication of the PCUSA...he has moved himself beyond the PCUSA...he is no longer a PCUSA pastor] – they cannot simply overturn the PJC decision. An administrative action cannot overturn a decision of a Permanent Judicial Commission. Therefore, by tolerating and protecting defiance, Baltimore Presbytery is in schism from the rest of the church that has promised to be "governed by our polity and abide by our discipline." Rationale for the Overture This is a defining moment in the life of the Presbyterian Church (USA). Members and congregations may have to make decisions about their convictions and their confessions, asking questions: "Can you belong to a denomination that is unwilling, unable, and incapable of defending her faith? If not, where will you go?" If the Constitution is dead, what holds us together? If no action is taken against Baltimore Presbytery, then the "Presbyterian" church is dead. "Presbyterian" will be a misnomer; it may remain in the title of the corporation, but it no longer describes who we are or how we are structured. We will be a loose, unbounded affiliation of congregations that have no real corporate or confessional identity bound together by per capita tax. If the ordination standards are not essential, none of the Book of Order is essential – including property. "The Stroud Case" will likely be the first case cited by the lawyers representing exiting congregations that are seeking to take property with them. It will be pretty persuasive authority because it shows that the Constitution is not being applied, and courts hate meaningless restrictions on property.
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