 PCUSA's highest court orders presbytery to enforce constitution By John H. Adams The Layman Online Thursday, July 13, 2000
Hearing an appeal from a trial before the Permanent Judicial Commission of the Synod of the Northeast, the court directed the Presbytery of Northern New England to assist Christ Church in Burlington, Vt., "in fulfilling its obligation to comply with the constitution." Session's resolution On April 20, 1997, the session of Christ Church approved a resolution "to continue welcoming persons living singly or in committed relationships, regardless of sexual orientation, into the life, membership and leadership of this congregation on an equal basis, including eligibility for election and ordination as a ruling elder or deacon." The resolution said Christ Church would not abide by G-6.0106b, the "fidelity/chastity" constitutional ordination standard in the Book of Order. The Presbytery of Northern New England voted to allow Christ Church's dissent, noting that no specific violation of the constitution had been flagged, such as the ordination of a self-affirming, practicing homosexual. Possible violations cited But the court said, "While there is no accusation of an action by Christ Church regarding an improper ordination or installation, its statements clearly went beyond a mere expression of opinion and gave a reasonable basis for concern that violations may have already occurred or might occur." In its resolution, the Christ Church session said it could not abide by G-6.0106b because of inconsistencies in the confessions and confusion and ambiguity about Christian moral standards. But in its order signed on July 7, the General Assembly's Permanent Judicial Commission said "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." The court heard the appeal in the Christ Church case in May. It also heard two other appeals at that time, and issued rulings then in those cases. One ruling declared that nothing in the PCUSA Constitution prohibited ministers from blessing same-sex couples -- but that the ceremonies could not be described as or replicate marriages. The court's ruling on same-sex ceremonies triggered a firestorm of criticism across the denomination. The 212th General Assembly responded to the court's ruling by calling for a national referendum on constitutional amendments that would prohibit blessing same-sex unions. Bible, confessions cited The court's same-sex union ruling quoted neither Scripture nor from any of the denomination's 11 confessions. But the decision in the Christ Church case was noticeably different: It included several references to Scripture and the confessions. It also affirmed the denomination's connectionalism. "While our culture prizes individualism, the nature of the Church as a covenant community under the Lordship of Christ implies that no individual or segment of the church exists unto itself (1 Corinthians 12:14-27)," the decision says. "Indeed, because of our propensity to sin and self-interest, we must look to the collected wisdom of the whole church as an aid to continual self-examination and the grace of repentance … As a community bound by covenant with Christ as our head, we can celebrate and encourage a diversity of opinion while faithfully calling for conformity in action." Responsibility of officers The opinion also affirmed that church officers have a responsibility, for the "integrity and health of the church," to "adhere to the essentials of the Reformed faith and polity as expressed in the confessions and the Form of Government." The court said the Presbytery of Northern New England erred by not exercising oversight. "Because the statements of session raise a reasonable basis for concern that the constitution may be violated, presbytery neglected its duty to help Christ Church to apprehend and to embrace both the blessings and responsibilities, the grace and obligation, of living in covenant community … Presbytery was delinquent in failing to fulfill its responsibility of oversight to care for and to counsel Christ Church not to violate the constitution." The court ordered the presbytery to "notify in writing the session of Christ Church … of its concern over the stated intention of the session not to comply with G-6.0106b, and warn it of the spiritual effects and disciplinary consequences of non-compliance." Partial dissent The decision by the 16-member court was not unanimous. Court member Patricia K. Norris concurred in part, but dissented from parts of the commission's opinion "which suggest that Christ Church's statements violated the constitution." "Dissent, advocacy of the unpopular and even proclamations of intent are ways to express truth to power, to induce change and to encourage 'the church reformed, always reforming,'" she said. But the majority decision did not argue against the right to dissent; rather, it targeted an inappropriate method of dissent. "An appropriate dissent may be expressed in various ways; however, it may not include an intent by those who have vowed to be governed by the church's polity to violate the constitution. Therefore, nothing in this decision shall be construed to abridge the right of decorous dissent." Furthermore, the court said, "The only appropriate avenue to change or remove a properly adopted provision of the constitution is through the process for amendment provided within the constitution itself." |
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