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May 9, 2008
Top court prohibits scrupling fidelity-chastity standard
Leslie Scanlon, Outlook national reporter

LOUISVILLE – The General Assembly Permanent Judicial Commission (GAPJC) has ruled that candidates for ordination must comply with the sexual behavior standards of the Presbyterian Church (U.S.A.), even if they disagree in conscience with them.

         The GAPJC, in a landmark ruling dated Feb. 11 on a case from Pittsburgh presbytery, declared that the authoritative interpretation that the General Assembly approved in 2006 does not permit exceptions to the requirement in the PC(USA)’s ordination standards, which say that candidates must practice fidelity if they are married or chastity if they are single.

 It described the “fidelity and chastity” provision as “a mandatory standard that cannot be waived.” And it upheld language from a prior Synod of the Trinity PJC ruling that made a distinction between allowing departures from the church’s standards related to belief – but not departures related to behavior.

         The GAPJC – the highest court in the PC(USA) – supported language from the synod PJC’s ruling.  It states that the authoritative interpretation the General Assembly approved “allows candidates to express disagreement with the wording or meaning of provisions of the constitution, but does not permit disobedience to those behavioral standards.”

         The GAPJC went on to say, “the fidelity and chastity standard may only be changed by a constitutional amendment. Until that occurs, individual candidates, officers, examining and governing bodies must adhere to it.”

         In another ruling issued on the same day, the GAPJC overturned a decision of the PJC of the Synod of Alaska-Northwest related to whether a presbytery could pass a resolution declaring every mandate in the Book of Order to be an essential of Reformed polity.

 In discussing such policies, the GAPJC declared one unconstitutional and stated that “it is not permissible for a presbytery or a session to define `essentials of Reformed faith and polity’ outside of the examination of any candidate for office. Such a determination must be made only in the context of a specific examination of an individual candidate.”

         These GAPJC rulings – a set of three – mark the first time the church’s highest court has considered cases resulting from the assembly’s adoption in 2006 of the recommendations of the Theological Task Force on the Peace, Unity and Purity of the PC(USA).

         In the Pittsburgh case, the parties who won a favorable ruling from the Synod of the Trinity PJC appealed some language of that ruling, particularly raising the question of whether departures of conscience can be declared from the church’s standards on matters that relate to behavior as well as those of belief.

The GAPJC stated that the theological task force, which presented the controversial authoritative interpretation to the 2006 Assembly, stated in its rationale that the authoritative interpretation was a “manner of life standard” that “requires ordaining and installing bodies to examine carefully both the doctrinal views and the manner of life of those elected to office.”

         The examining body then would determine whether that departure based on conscience – known as a “scruple” – would be permitted, or would rise to such a level that it would be considered a departure from an essential of Reformed faith and polity and so could not be allowed.

         The theological task force, in its rationale, stated that the PC(USA) constitution “puts ‘faith and polity’ – belief and behavior – on an equal footing, as they were in 1729, when scruples were permitted in matters of ‘doctrine, discipline, and government.’ ”

         But, the GAPJC ruled that the General Assembly did not adopt that rationale section, so “as finally adopted by the General Assembly, the Authoritative Interpretation does not equate ‘polity’ with ‘behavior.’ ”

         And, it stated that the church has required those being ordained “to conform their actions, though not necessarily their beliefs or opinions, to certain standards, in those contexts in which the church has deemed conformity to be necessary or essential.”

         The GAPJC ruled that departures based on conscience would not be permitted from the “fidelity and chastity standard.” It agreed with the Synod of the Trinity PJC that “no presbytery may grant an exception to any mandatory church-wide behavioral ordination standard” and that “under our polity, violations of behavioral standards are to be addressed through repentance and reconciliation, not by exception or exemption.”

         The GAPJC also dispelled the idea that presbyteries could pass resolutions stating they would enforce all mandatory provisions of the Book of Order“Adopting statements about mandatory provisions of the Book of Order for ordination and installation of officers falsely implies that other governing bodies might not be similarly bound; that is, that they might choose to restate or interpret the provisions differently, fail to adopt such statements, or possess some flexibility with respect to such provisions,” the GAPJC stated.

         In a third case, an appeal by Washington Presbytery of portions of a ruling by the Synod of the Trinity PJC, the GAPJC ruled that a permanent judicial commission is not compelled to require or even encourage parties in a dispute to engage in efforts at biblical peacemaking, based on the model described in the 18th chapter of the gospel of Matthew.

         It’s likely to be the ruling in the Pittsburgh case that gains the strongest scrutiny by the church – particularly as two cases of candidates declaring scruples regarding the “fidelity and chastity” language already have emerged from the presbyteries.

On January 15, San Francisco presbytery voted 167 to 151 to approve as “ready for examination” Lisa Larges, a lesbian who works for the advocacy group, That All May Freely Serve.

And the Presbytery of the Twin Cities Area voted 196 to 79 on Jan. 26 to restore the ordination of Paul Capetz, a gay seminary professor who voluntarily set aside his ordination in 2000 in protest over the PC(USA)’s ordination standards.

Capetz has said he would not promise to be celibate, but his objections are theological, not because he’s currently involved in a relationship.

Any decisions church courts might make in individual cases such as theirs would have to take into account the GAPJC rulings just issued.






Top court prohibits scrupling fidelity-chastity standard
Leslie Scanlon, Outlook national reporter

LOUISVILLE – The General Assembly Permanent Judicial Commission (GAPJC) has ruled that candidates for ordination must comply with the sexual behavior standards of the Presbyterian Church (U.S.A.), even if they disagree in conscience with them.

         The GAPJC, in a landmark ruling dated Feb. 11 on a case from Pittsburgh Presbytery, declared that the authoritative interpretation that the General Assembly approved in 2006 does not permit exceptions to the requirement in the PC(USA)’s ordination standards, which say that candidates must practice fidelity if they are married or chastity if they are single.

 It described the “fidelity and chastity” provision as “a mandatory standard that cannot be waived.” And it upheld language from a prior Synod of the Trinity PJC ruling that made a distinction between allowing departures from the church’s standards related to belief – but not departures related to behavior.



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Reader Responses
Bob Gillette
Poland, Ohio
Posted: 03/06/2008
Jack Haberer –

Just for background, I’m an elder and member of Poland (Ohio) Presbyterian Church. I’m also active in the work of Eastminster Presbytery, but of course what follows represents my personal views, not those of either the local congregation or the presbytery.

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It seems to me that the General Assembly Permanent Judicial Council got it exactly right in its recent rulings on ordination standards. An institution that cannot tolerate verbal dissent from its established polity is doomed to irrelevance and enfeeblement over time, so it is proper to permit candidates for ordination to express disagreements of conscience. At the same time, condoning behavior that clearly conflicts with the Book of Order could create a “slippery slope” on which that document’s authority in other areas could be seriously undermined. Furthermore, the PJC was wise not to try to accomplish by judicial action that which cannot presently be achieved by denomination-wide consensus.

Let us hope and pray that these decisions will stimulate a fresh approach to the homosexuality issue within the PCUSA and other conflicted denominations. I have come to believe that we are called now to articulate more persuasively an understanding of homosexuality that reflects both contemporary Bible scholarship and accumulated knowledge from the behavioral sciences. Many books, essays and other communications have been published on this topic, so the arguments on both sides are well known. Now we need a commitment to asserting our perception of the truth gently but confidently (even at the risk of losing comity) linked with willingness to listen and confidence that truth will prevail in time. It is essential, though, that the debate be conducted not in heavy theological prose, such as appears in the Peace, Unity and Purity tome of 2006, but in plain English that will speak to those of us in the pews.

At the risk of oversimplifying a complicated situation, I suggest that there is a continuum of opinion about the nature of homosexuality and its proper status in our society. On one extreme are those who see it as a private matter among individuals, in relation to which religion and civil law are irrelevant. Next are those for whom Holy Scripture speaks a liberating message of non-judgmental acceptance. In the middle is a large group (probably a majority) who have only superficial knowledge of the issue and who are likely to follow whichever side has their ear. Next to the right are those who see homosexuality as sin but who are open-minded on the subject. Finally, there are those on the other extreme who read the Bible literally, one verse at a time, and will never let go of their conviction that gay and lesbian behavior is irredeemably sinful.

The recent General Assembly Permanent Judicial Commission decisions should serve as a stimulus to open a new dialogue on this issue. I agree with those who declare that we must be obedient to God’s will as expressed in Scripture, but there are important differences among us as to what the Bible really says. This tension must be addressed openly in an atmosphere of mutual love and respect.

Study and prayer have led me to believe that the present standard is wrong and hurtful to the many children of God for whom God has chosen a different sexual orientation from the rest of us. I am persuaded that the notion of homosexuality as sin is not supported by careful, unbiased study of Holy Scripture.

Is there no difference between the male-on-male violence suggested in the Sodom and Gomorrah story and the consensual same-gender relationships so despised by some today? And what shall we make of Lot , the nice host who offers to throw his virginal daughters to the mob? Is the Bible just a cookbook for Christians, or are we called to study its complexity and honor its depth of meaning?

The Israelites described in Leviticus dwelt in tents, multiple generations together, with no community counseling services or jails for social boundary offenders. Are rules that were appropriate for them absolutely right in our very different society? If so, must we follow Leviticus 18 and 20 literally and put sexual offenders of many different kinds to death?

If we are obliged to interpret Romans 1:27 as requiring us to judge gays harshly today, what shall we do with the first part of Romans 2?

Finally, and perhaps most important, what can we learn from the liberating words and actions of Jesus? There is much in the Gospels about raising people up but nothing about same-gender sex. From this we may reasonably conclude that His message to us today is that homosexuality is not an important issue that should preoccupy or divide us. I believe that Christ is telling us that there are much more important things for us to be saying and doing as Christians.

True accord on this matter among Christians may be years away, but let us not be weary in well doing. Let us go where careful, open-minded Bible study takes us, speaking the truth in love, listening patiently and praying that the Holy Spirit will fill us with the right beliefs and the right words so that His way will eventually prevail.
peter gregory
First Presbyterian Church, Lambertville, NJ
Chalfont, Pennsylvania
Posted: 02/13/2008

As every journey begins with a first step, so the first step has been taken in a process of definition of what it means to be part of this denomination in a post-modern and institutionally fractured world.

I suppose that with all determinations by the Suits of the denomination, the activist folks at both ends who do not agree with that determination, will continue to do pretty much as they have pleased in the past, until someone calls them on the carpet for it.

The issue at debate is not by definition gays and lesbain rights, or constitutional standards, but what defines our common life together in 2008 and beyond. In other words what is the glue that holds churches together.

Is the Presbytery a regulatory/oversight agency as it was in the industrial post-war period where it gave the "seal of approval" for the actions of individual clegy and churches? In that model the Presbytery acted more or less as the home office, mirroring the actions and behaviors of the home office on Riverside Dr.

Or is Prebytery now a somewhat more undefined association of churches and elders working out issues and differences over mission, funds, and policy? Due to the two years of PUP on the books, regional and local differences of polity and practice have already taken root. It is far easier to keep the toothpaste in the tube, rather than try to stuff it back in at a later date.

The ordination issue is only the first course. The main dish is of course church property. Follow the money is always the best indicator of future human behaviors. On that matter just how iron clad is the trust clause if one can simply "buy" or purchase their way out of the covenant or "trust". Not much of a trust if you ask me if a dollar sign can be asigned to it at the end of the day. Then again every person has their price. The only issue at hand is just what that price is to be. Not very biblical one must admit, but who ever said the Bible had anything to do with it.
  

 
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