General Assembly lobbying heats up in GAPJC same-sex marriage decision
[Ed. Note: The trial for this minister has been in the news since 2008. The Presbyterian Church's highest court has confirmed the former decisions and the issue is now resolved. Jane Spahr retired in 2007 after performing these marriages and was stripped of her authority to minister within the PCUSA. This decision comes just a few months before their next General Assembly. The issue of definition of marriage is on the agenda again for this Assembly. We will report the outcome when available. Cheryl M. Wetzel]
The Presbyterian Church (USA)’s highest court declared that one of its ministers violated her ordination vows by performing same-sex weddings, setting the stage for a debate that is likely to underline the denomination’s upcoming General Assembly.
On Tuesday, Feb. 21, the PCUSA’s General Assembly Permanent Judicial Commission (GAPJC) affirmed the decisions of lower synod and presbytery commissions in the case of the Rev. Jane Spahr.
Spahr performed 16 same-sex ceremonies between June and November 2008 in California. Although same-sex marriage is now legal in several states, PCUSA rules prohibit ministers from performing same-sex ceremonies.
Same-sex marriage issues have been simmering within the denomination and, with at least seven overtures on the table, may come to a head during the 220th General Assembly in Pittsburgh later this year.
The PCUSA constitution doesn’t explicitly prohibit same-sex marriage and describes marriage as “a gift God has given to all humankind for the well being of the entire human family.” Marriage, however, is currently defined as “a civil contract between a woman and a man” – a definition many in the denomination, including some of the judicial commissioners – advocate changing.
After the Permanent Judicial Commission (PJC) of the Presbytery of Redwoods found Spahr guilty on three of the four charges related to same-sex marriages in 2010, she filed an unsuccessful appeal to the Synod of the Pacific’s PJC. The synod court affirmed the Redwoods decision in 2011, prompting Spahr to appeal to the GAPJC.
Although several commissioners filed concurring or dissenting opinions sympathetic to Spahr, the GAPJC said that the key issue of the case “is not simply the same-sex ceremony. It is the misrepresentation that the [PCUSA] recognizes the ceremony and the resulting relationship to be a marriage in the eyes of the church. By the definition of W-4.9001 [the denomination’s prohibition of same-sex ceremonies being defined as ecclesiastical marriages], such a result cannot be,” the decision stated.
“The critical question is not whether the definitional language creates proscribed conduct, it is whether it is permissible to represent that one is doing something which one cannot constitutionally do,” the decision added.
Reflecting a sentiment woven into lower-court decisions, several commissioners used the opportunity afforded by the decision to lobby for GA action on same-sex marriage issues.
“The best solution is for the General Assembly to amend the definition of marriage to authorize teaching elders and commissioned ruling elders to preside at the marriages of same-sex couples in civil jurisdictions that recognize such marriages as legal,” Commissioner Barbara Bundick stated in a concurring opinion, adding that she affirmed the majority decision but disagreed with the regulations behind it.
Bundick added that the definition of marriage in the PCUSA constitution was written at a time when same-sex marriages were “inconceivable.”
“By retaining that definition despite the increasing number of jurisdictions recognizing same-sex marriage, the church creates a form of second class citizenship for faithful Christians despite all the other places in the Book of Order where the full equality of persons regardless of sexual orientation is affirmed,” she added.
In another concurring opinion, three commissioners stated that the issue should not be resolved by a judicial interpretation but through the legislative process.
“The appropriate way to redefine marriage and permissible practice within the PCUSA is not through individual reinterpretation of the advice of the larger church, but by means of an amendment to the Constitution approved by the General Assembly and ratified by the presbyteries of the church,” stated Commissioners Meta Shoup Cramer, Yun Jin Kim and Tony Cook.
Other commissioners claimed the majority decision misinterpreted denominational rules regarding ministers’ roles in marriage ceremonies and acted in a legislative manner by supposedly amending such rules [W-4.9001] to include same-sex prohibitions.
Spahr was specifically called to a validated ministry by the presbytery to provide pastoral care to the lesbian, gay, bisexual, and transgendered (LGBT) community … We cannot perpetuate the idea that LGBT couples are children of a lesser God,” stated dissenters Clifford Looney, A. Bates Butler III, Susan J. Cornman, Jeana Lungwitz, Michael Lukens and Rebecca New.
In addition to serving at several churches, Spahr worked as an evangelist for That All May Freely Serve, a pro-gay Presbyterian group, before retiring in 2007.
http://www.layman.org/news.aspx?article=29831&utm_source=PLC+email+blast+02-22-2012&utm_campaign=email+blast&utm_medium=email
By Jason P. Reagan, The Layman, Posted Tuesday, February 21, 2012The Presbyterian Church (USA)’s highest court declared that one of its ministers violated her ordination vows by performing same-sex weddings, setting the stage for a debate that is likely to underline the denomination’s upcoming General Assembly.
On Tuesday, Feb. 21, the PCUSA’s General Assembly Permanent Judicial Commission (GAPJC) affirmed the decisions of lower synod and presbytery commissions in the case of the Rev. Jane Spahr.
Spahr performed 16 same-sex ceremonies between June and November 2008 in California. Although same-sex marriage is now legal in several states, PCUSA rules prohibit ministers from performing same-sex ceremonies.
Same-sex marriage issues have been simmering within the denomination and, with at least seven overtures on the table, may come to a head during the 220th General Assembly in Pittsburgh later this year.
The PCUSA constitution doesn’t explicitly prohibit same-sex marriage and describes marriage as “a gift God has given to all humankind for the well being of the entire human family.” Marriage, however, is currently defined as “a civil contract between a woman and a man” – a definition many in the denomination, including some of the judicial commissioners – advocate changing.
After the Permanent Judicial Commission (PJC) of the Presbytery of Redwoods found Spahr guilty on three of the four charges related to same-sex marriages in 2010, she filed an unsuccessful appeal to the Synod of the Pacific’s PJC. The synod court affirmed the Redwoods decision in 2011, prompting Spahr to appeal to the GAPJC.
Although several commissioners filed concurring or dissenting opinions sympathetic to Spahr, the GAPJC said that the key issue of the case “is not simply the same-sex ceremony. It is the misrepresentation that the [PCUSA] recognizes the ceremony and the resulting relationship to be a marriage in the eyes of the church. By the definition of W-4.9001 [the denomination’s prohibition of same-sex ceremonies being defined as ecclesiastical marriages], such a result cannot be,” the decision stated.
“The critical question is not whether the definitional language creates proscribed conduct, it is whether it is permissible to represent that one is doing something which one cannot constitutionally do,” the decision added.
Reflecting a sentiment woven into lower-court decisions, several commissioners used the opportunity afforded by the decision to lobby for GA action on same-sex marriage issues.
“The best solution is for the General Assembly to amend the definition of marriage to authorize teaching elders and commissioned ruling elders to preside at the marriages of same-sex couples in civil jurisdictions that recognize such marriages as legal,” Commissioner Barbara Bundick stated in a concurring opinion, adding that she affirmed the majority decision but disagreed with the regulations behind it.
Bundick added that the definition of marriage in the PCUSA constitution was written at a time when same-sex marriages were “inconceivable.”
“By retaining that definition despite the increasing number of jurisdictions recognizing same-sex marriage, the church creates a form of second class citizenship for faithful Christians despite all the other places in the Book of Order where the full equality of persons regardless of sexual orientation is affirmed,” she added.
In another concurring opinion, three commissioners stated that the issue should not be resolved by a judicial interpretation but through the legislative process.
“The appropriate way to redefine marriage and permissible practice within the PCUSA is not through individual reinterpretation of the advice of the larger church, but by means of an amendment to the Constitution approved by the General Assembly and ratified by the presbyteries of the church,” stated Commissioners Meta Shoup Cramer, Yun Jin Kim and Tony Cook.
Other commissioners claimed the majority decision misinterpreted denominational rules regarding ministers’ roles in marriage ceremonies and acted in a legislative manner by supposedly amending such rules [W-4.9001] to include same-sex prohibitions.
Spahr was specifically called to a validated ministry by the presbytery to provide pastoral care to the lesbian, gay, bisexual, and transgendered (LGBT) community … We cannot perpetuate the idea that LGBT couples are children of a lesser God,” stated dissenters Clifford Looney, A. Bates Butler III, Susan J. Cornman, Jeana Lungwitz, Michael Lukens and Rebecca New.
In addition to serving at several churches, Spahr worked as an evangelist for That All May Freely Serve, a pro-gay Presbyterian group, before retiring in 2007.
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