Almost immediately after the 86th affirmative vote was cast and the language related to marriage was formally amended in the Book of Order the phone started ringing. I have now heard from more than a dozen pastors who received reassuring calls from presbytery representatives saying essentially, “Don’t worry, we know you don’t believe in same-sex marriage and we’re not going to make you perform them.” The very fact that they are receiving such a call is an indication that these pastors have been identified by their presbyteries as “oppositional” on this issue. Some Presbyterian Church (USA) pastors have wondered aloud what they can do to further protect themselves and their local church from the demand to perform a same-sex wedding. They also fear the kind of treatment that Joe Rightmyer received and they wonder when support for same-sex marriage will be Kenyonized .
References to Rightmyer and Kenyon raise the conversation about disciplinary charges but that seems less likely to me than civil litigation. Let me explain using a hypothetical scenario and then offer a “to do” list for those who want to protect themselves and their churches.
Across the U.S. we’re seeing aggressive litigation by same-sex marriage advocates who allege discrimination and unfair trade practice against bakers, florists and private property owners when their weddings are denied because of the sincerely held religious beliefs of the vendors. But this is a church we’re talking about, so the same rules don’t apply, right? Well, maybe.
Here’s the scenario:
- A gay or lesbian couple wants to get married in the little (or grand) idyllic (or iconic) Presbyterian church in your town.
- Your church has allowed non-member weddings in the past and you have a fee schedule that looks pretty much like a secular “rental/use” agreement. (Or, alternatively, you have a really good wedding policy but everyone knows of times when the rules have not been applied, non-members have been allowed to get married, counseling requirements have been waived, and other ministers have been allowed to perform weddings that your policy says have to be performed by your installed pastor.)
- The same-sex couple fills out the paperwork and the session declines their facilities use request.
- The couple brings civil action against the local church in state court alleging an unfair trade practice under state law. They couple that with an ancillary claim for intentional infliction of emotional distress for which they seek substantial damages.
The first call the church makes is to their insurance company. If you do not already have a policy covering such claims you need to get a rider today.
The second call the church makes is to their attorney. Not a member of the church but someone under contract so that attorney-client privilege can be preserved.
The third call the church makes is to the local religion news writer. You want to get ahead of the story before your church and your pastor are made out to be gay-hating discriminatory bigots. Yes, I’m serious.
The best defense for the pastor and local church would be removal to federal court where they can invoke the constitutional right to the free exercise of religion. The big question then is “does the Presbyterian Church (USA) have a sincerely held religious belief in marriage as defined as one man and one woman or does the PCUSA espouse a theology of same-sex marriage?” Although the pastor and local church may not have contemporary denominational policy backing them, they do have 2,000 years of history to draw on. They will also have specific traditional marriage policy and related facilities use policy adopted by the session (this is on the to-do NOW list if not already in place).
PCUSA churches should no longer expect the support of the denomination when such a suit is filed. An activist judge could use the U.S. Supreme Court Boy Scout decision to point to the fact that the denomination no longer holds the discrimination of homosexuals to be part of its belief system, thereby undermining the “genuinely held religious belief” argument.
What you need to do:
1. Sessions should immediately download the Advisory Opinion regarding “Approved Amendment of W-4.9000” and specifically state in a session resolution that they are directing that the church property not be used for same sex “marriages,” and specifically reference their “reliance” on the Advisory Opinion, and append a copy to their minutes.
That advisory language reads:
Will the approved amendment require sessions to allow marriage services for same-gender couples to be held on church property?
No. Sessions may deny the use of church property for the marriage service of a same-gender couple.
Will a session be able to categorically prohibit a marriage service for a same gender couple from being held on church property?
Yes. Under our Constitution, sessions have the authority to make categorical determinations regarding the use of the church’s facilities.
2. The session needs to offer classes through youth and adult education areas stating their view on traditional marriage as a component of living the Christian life, teaching the biblical and confessional view of marriage as between one man and one woman, and countering claims that the texts related to homosexuality are no longer relevant today. Theology Matters has excellent resources.
3. Third – and this is critical – the church website needs to clearly indicate that the church property is a tool for Christian ministry, and that weddings are an act of worship before God, and as such, only traditional weddings will be permitted. They need to specifically state without ambiguity that they do not permit same sex marriages to be performed. This is important because it prevents anyone from making the argument that they were “shocked” to learn later in a process of choosing a wedding venue resulting in a claim of “emotional distress.”
These very public demonstrations of a genuinely held religious conviction regarding marriage are significant as the preclusion of homosexual marriages is in no way a pretext for hate nor discrimination. Marriage is defined as between one man and one woman for Biblically based theological reasons. Again, Theology Matters has numerous resources that could be linked from your church website, used in your adult and youth Christian education areas, and published in your church newsletter.
If you want to resist being compelled against your will to perform same-sex marriages then you need to demonstrate you have a will in regard to traditional marriage.
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The future and very real potential for civil litigations will also have great influence in the clergy and church tax benefit conversations. This will, and has already, pit sessions against clergy, congregational members against sessions, community against church and will force disunity within church leadership.
Excellent article, thank you Carmen. The session at the First Presbyterian Church of Branson will be considering all of your suggestions at our regular meeting this Tuesday evening. Pastor Tom
Oh this is going to happen at some point, since louisville claims they own all properties as opposed to other reformed bodies, and now that we have passed gay marriage, and gay couples it.
I can see where just one lawsuit from a gay couple would make louisville fold in hearbeat, and command Pastors you will marry gay couples or you’ll get “rightmyered”
One aspect of all the various postings on Layman is the essentially alarmist nature of the content, as if the sky if falling about around religious conservatives-tradionalists and all is about to go to hell. Well yes. But it is not the faithful people whom the sky is falling down on. It is the PCUSA.
The PCUSA is the only religious denomination in history to be going through a systemic-structural decline, and schism at the same time. It is the only religious denomination to have lost membership in raw numbers every year for the last 30 years. It is the only religious denomination with the mathematic possibility of going to zero in the next 27 years at current rate of decline.
One of course can get angry and upset over the profound injustice inherent in the property clause, or the latest outrage out of Louisville, or the brain dead stupidity of its leadership at times . But as St. Augustine is often quoted, the church is a force that has worn out many hammers. And the people of God will be here, the Body of Christ will survive long after a minor protestant religious sect commits institutional suicide. Their property clause will not save them, as the law in and of itself was insufficient for grace or redemption. The prophets Jeremiah and Isaiah knew that well. I think Jesus was aware of that as well.
As a former PC USA member who now attends a epc church I feel for the fight we already took this step to protect ourselves last year we amended our bylaws to prohibit use of our property as this has become a big issue in wa state we knew we had to act
thank you for this post Rev. Gregory
We have already had to defend a church from the demand to hold same-sex weddings there, so the threat is very real. If you allow use of your church’s property for civic or public use outside of specifically religious use, you may be at risk for the claim of violating the “public accommodations” laws if you “deny” use by a homosexual group or for same-sex weddings/receptions. So you need to consult a lawyer in your area who is knowledgeable on this, and you need to adopt written policies making your church off limits for all non-permitted uses. That may be the end of the Boy Scout troop meetings, AA meetings, food banks, being a polling place for elections, etc., but that is the necessary implication in many states at this point. Taking the right steps now and adopting written policies as to what uses will be permitted on your church property could save you from a number of months or years in litigation.
Needless to say, if you allow your church to be used for “weddings for hire,” or by those not connected with the church, or without having to go through a premarital counseling program by the pastors before being given permission to marry in the church, you are at risk.
Those who are in this fight to save property will suffer disillusionment because “property” is not our message. But the wind is blowing and we need to heed the direction. Evangelicals who do not want their resources used to support a rotting system should disembark now and focus on new church starts. Don’t look back at Egypt or Sodom. You are being led out. Do you not recognize it?
The layman makes a great attempt at trying to help churches, but I don’t think the strategy will help. The govt. has made Marriage a legal issue, PC-USA has now done the same. Marriage can no longer be a stated “religious” institution within PC-USA as it has decided not to define it on religious grounds. I see no legal way a church in PC-USA can deny a same sex couple the right to marry in any of its churches considering it is a “right” under state law and PC-USA’s own governing by-laws. PC-USA owns its churches, they are not separate individual entities. They have backed up their ownership with well funded lawsuits and attorneys. In appears in the eyes of the law, individuality of a church does not exist in PC-USA, it is one group owned and operated by PC-USA. So a same sex couple has legal rights in the entire organization, churches cannot pick and choose. Same as a grocery store chain cannot choose who it serves per location, to do so would be discrimination. LGBT and the liberals in PC-USA already know this and I am sure will back up their agenda with attorneys. I see no alternative but for a church to pay PC-USA to leave, if they do want to adhere to the new by laws of PC-USA.
This is definitely fear mongering and borders on bearing false witness about the denomination. I suppose it makes sense that the Layman doesn’t have a mission without a PCUSA to fight so I get the need to manufacture future facts that haven’t happened yet. I disagree that presbyteries will not back their churches of various perspectives. I also disagree that the PCUSA would not do so. What I see thus far is a lot of pre-emptive warfare toward presbyteries and the denomination about a supposed “Kenyon” enforcement that has not even been talked about much less proposed. No one, myself included, would support that. Fairness in prognostication would be nice. What is true is that leading a church out of the denomination is as much of a problem on the unity side of our ordination vows as a some may feel gay ordination and marriage is a problem on the purity side of that vow.
Thank you. I would imagine the likes of William Tyndale and Martin Luther who risked their lives and indeed Tyndale lost his life in the effort to distribute the Truth of Scripture would be livid at the freewheeling curtsy to the satanic influence into the church today. In my opinion, the PCUSA, if the decline continues, should die. If my church does not succeed in its Gracious Dismissal, I am leaving it for the Baptist church down the street with no trouble whatever retaining members and growing by sticking to the Word of God in scripture.
WA is not friendly to religious beliefs as protection and will defame and ruin a small business if need be. Conservative churches will require all the support and help they can get.
First
Stop using the good word ” gay ” …..its homosexual
We are heterosexual , they are homosexual , get over it
Second
Refer to something for what it is …….sodomy
And think about this
Was all of sodom and Gomorrah homosexual ? I don’t think so ! If it had it would have died out in one generation. Realize this , there must have been plenty of citizens who where heterosexual , but choose to overlook , condone or even approve of or ignore that life style and were destroyed right along with the homosexuals
I imagine the likes of William Tyndale and Martin Luther who risked their lives and indeed Tyndale lost his life in the effort to distribute the Truth of Scripture would be livid at the freewheeling curtsy to the satanic influence into the church today. In my opinion, the PCUSA, if its moral decline continues, should die. If my church does not succeed in its Gracious Dismissal, I am leaving it for the Baptist church down the street having no trouble whatsoever retaining members and indeed growing by sticking to the scriptures.
You be very certain to stop shaving, grow your fetlocks long, don’t wear mixed fabrics, stop eating eating pork products, shrimp and the like, beat your wives and children for any disobedience, participate in the stoning to death of a few accused sinners and don’t you dare fall short on your tithing. That does mean fully 10% of your gross income. Many other rules yo learn and follow in scripture too so get busy learning them all if you are to condemn others for one or two others you don’t like. Oh yeah, forget about following Jesus since acceptance, love, forgiveness and his other teachings seem to have somehow entirely eluded you. Try something else please. -RB
Why not just live your conscience in private? An individual congregation doesn’t have to call a gay pastor if they don’t want. They don’t have to marry persons outside of their congregations now or inthe future and the pastor can’t decide to marry same sex persons in the church if the session doesn’t approve. The pastor can say no to the services and thd session can say no. So what gappens tgat is a threat to anybody, their faith or conscience? NOTHING IS THE CORRECT AND ONLY TRUE ANSWER. ABSOLUTELY NOTHING! ALL ELSE IS JUST TURD POKING FOR MANIPULATION. It’s never been a real threat and no more a sin against God than eating bacon. All else is just ignorant excuses, stalls and subterfuge to decieve others. Nothing to see here, just move along because God is certainly way bigger than all this petty human thinking. -RB
Christianity is not a “private” faith of individuals but the public faith of a community that proclaims the coming reign of God in Jesus Christ. Christianity was never meant to be practiced only in the closets of Christians. The Great Commission is to “Go and make disciples”…and for that reason, there will be persecution from those annoyed that Christians aren’t private about their faith.
The same sex marriage is an important issue – But when you have pastors in the PCUSA that don’t even believe in God, and you do nothing about it – the is FAR worse.. The PCUSA is no longer a Christina Church – face it!
http://theaquilareport.com/im-a-presbyterian-minister-who-doesnt-believe-in-god/
Shellfish Fallacy.
Kind of outdated, but still trotted out by those quoting from the first edition of the Homosexual Agenda playbook.
“It’s never been a real threat and no more a sin against God than eating bacon.”
Really??? That’s not what the Bible says.
“Flee from sexual immorality. All other sins a person commits are outside the body, but whoever sins sexually, sins against their own body. Do you not know that your bodies are temples of the Holy Spirit, who is in you, whom you have received from God? You are not your own; you were bought at a price. Therefore honor God with your bodies.” (I. Cor. 6:18-20)
We as congregants can and have left the pcusa for more reasons than gay marriage. Progressive political propaganda from the pulpit. Agnostic Ministers. Ministers that do not pray. Raging anti semitism. Hijacking of psusa by mega churches. Presbytaries refusals to approve conservative ministers. We feel bad for conservative I’m islets whose consciences ache while they stay loyal to the organization. We do not even call it a church anymore.
um, Maunalani, I believe that was the first edition of Leviticus.
Great eisegesis of scripture!
I’m sorry, but I have a hard time making sense out of what you wrote!
I meant that as a reply to Kyle