Milwaukee’s Covenant of Dissent ruled
‘null and void’

On May 27, 1997, Milwaukee Presbytery adopted a Covenant of Dissent that declared in part "we cannot agree to abide by the recently passed amendment to G-6.0106 ("Amendment B") without violating our informed conscience, faith, and interpretation of our obligations." The presbytery further declared that it would ordain anyone "with suitable gifts … without additional requirements."

Hawthorne wrote to the Synod of Lakes and Prairies asking that the synod conduct a special administrative review of this action. (The synod’s report said that by the time Hawthorne’s letter had been received, "officers and executives of the Synod" had already docketed time to discuss this action at the synod’s next stated meeting.) A five- member committee was appointed and instructed to report back to the Jan. 18-20, 1998 meeting of the synod.

Irregularity committed
At that meeting, the committee presented its conclusions:

"It is our determined opinion that it is appropriate for the Presbytery of Milwaukee to forcefully voice its opposition to the provision of the Book of Order found in G-6.0106b. However, in its statement that the Presbytery will ‘elect, ordain and install ... without additional requirement or restrictions,’ the Presbytery has taken an action that a governing body of the Presbyterian Church (U.S.A.) may not take and thus has committed an irregularity. It has also failed to correct this irregularity. This is a violation of the Constitution of the Presbyterian Church (U.S.A.).

"Under our Constitution governing bodies are not free to violate mandatory constitutional provisions. However, it is the obligation of ministers of Word and Sacrament and elders who disagree with any such provision to seek to change that provision through constitutional means. It is also their obligation to honor their ordination vow to ‘be governed by our church’s polity’ and to ‘abide by its discipline’ [G-14.0405b(5)]. It is imperative that everyone understand the potential consequences of a failure to do so. The consequences could be the initiation of either administrative or judicial action. Either course could result in the transfer of presbytery responsibilities to another governing body, while disciplinary action could result in the censure of individuals. Such censure could be as severe as removal from ordained office."

Presbytery action "null and void"
The committee’s recommendations, which were adopted by the synod, affirmed the presbytery’s right "to corporately express its opinions, thoughts, and feelings in a passionate way … ."

However, they also noted that "The action of Presbytery of Milwaukee is not in accord with the Constitution of the Presbyterian Church (U.S.A.), and is therefore an irregularity."

The synod voted to "Instruct the Stated Clerk of the Synod to inform the Presbytery of Milwaukee and its particular churches that the paragraph:

We covenant together to elect, ordain, and install … without additional requirements or restrictions.

"in the ‘Covenant of Dissent’ approved on May 27, 1997, is null and void under Robert’s Rules of Order because it conflicts with the Constitution of Presbyterian Church (U.S.A.)."

The Synod further instructed its stated clerk "to remind the Presbytery of Milwaukee and its particular churches of their responsibility to ensure that their nominating and election processes for ministers of the Word and Sacrament, elders, and deacons be conducted in accordance with all provisions of the Book of Order, and that only individuals have the right of freedom of conscience."

return to March/April 1998, contents