State of the unions Church court, assembly to review same-sex rites By Robert P. Mills The Presbyterian Layman Volume 33, Number 3 Posted May 22, 2000 With the highest judicial body of the Presbyterian Church (USA) preparing to hand down its opinion in late May and three overtures coming to the General Assembly in June, denominational endorsement of “same-sex unions” has become a front-burner issue. More prosaically described as marriage ceremonies for homosexuals, same-sex unions are a topic that has been simmering in both church and state. In California, where the 212th General Assembly will meet, more than 60 percent of voters recently affirmed that, “Only marriage between a man and a woman is valid or recognized in California.” Meanwhile, Vermont’s governor has signed a law authorizing “civil unions,” which give gay couples nearly all the rights and benefits of marriage. The governor signed the measure despite receiving 20,000 letters opposing the marriage-like unions. In town hall meetings, Vermont’s citizens opposed these same-sex unions by a three-to-one margin. Judicial appeal On May 19-20 the Permanent Judicial Commission of the General Assembly will hear an appeal concerning Hudson River Presbytery’s decision to allow its ministers to conduct “holy unions” of same-sex partners and to use church property for the ceremonies. The presbytery’s decision was challenged by commissioners who said that “homosexual behavior is contrary to the will of God, is inconsistent with Scripture, and is a direct violation of the Constitution of the Presbyterian Church (USA).” The presbytery told a synod court that “these ceremonies do not constitute marriage as defined in the Book of Order.” But testimony showed that ministers who conducted the services and Presbyterians who affirmed them used the term “marriage” interchangeably with “holy union.” The synod court was asked to rule the presbytery’s authorization of same-sex unions “null and void and of no effect,” and to order the presbytery to notify sessions and ministers that they must not “participate in or authorize any ceremony celebrating same-sex conjugal relationships.” Instead, the lower court concluded that the same-sex unions did not constitute “marriage” and therefore were not specifically forbidden by the Book of Order. The court also said the proper way to forbid the services would be through constitutional amendment. Changes are proposed Three presbyteries are proposing such amendments. Overture 00-12 from Tampa Bay Presbytery would amend the Form of Government to say that “Officers shall not bless or endorse any behavior in others that is prohibited by this Constitution,” and “The ministry shall not authorize, conduct or participate in worship services or other ceremonies designed to unite, in a covenantal relationship approximating marriage, members of the same sex.” Charlotte and San Joaquin presbyteries ask to amend the Directory for Worship. In Overture 00-26 San Joaquin suggests adding section W-4.9007, “Scripture and our Confessions teach that God’s intention for all people is to live either in fidelity within the covenant of marriage between a man and a woman or in chastity in singleness. Church property shall not be used for, and church officers shall not take part in conducting, any ceremony or event that pronounces blessing or gives approval of the church or invokes the blessing of God upon any relationship that is inconsistent with God’s intention as expressed in the preceding sentence.” If one of the overtures is adopted by this General Assembly, a majority of the presbyteries would have to vote for the amendment to become part of the Book of Order. Past as prologue? The current situation resembles that which the denomination faced in 1996. Then the presenting issue was the ordination of self-affirming practicing homosexuals. Judicial proceedings had suggested that denominational prohibition of such ordinations needed to be made explicit in the Book of Order. In response, the 1996 Assembly produced what was known as Amendment B. The presbyteries voted 97-74 to ratify the amendment, now G-6.0106b of the Book of Order, which declares that denominational ordination standards include “the requirement to live either in fidelity within the covenant of marriage between a man and a woman (W-4.9001), or chastity in singleness.” After this language was challenged by the Syracuse Assembly in 1997, presbyteries voted 114-59 to affirm the historic unity between Biblical teaching and Presbyterian practice.

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