PJC clears pastor of charges
related to same-sex wedding
By Edward Terry, The Layman, August 26, 2009
The Presbytery of Boston’s Permanent Judicial Commission ruled Aug. 22 that two charges against the Rev. Jean Southard, a Presbyterian Church (USA) minister who directed a wedding ceremony for two women, would not be sustained. In layman’s terms, the ruling means “not guilty.”
There was no rationale for the decision in the brief trial summary, and presbytery Stated Clerk Catherine MacDonald said that the trial transcript “would not be public domain.” Related Story
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The PCUSA Book of Discipline (D-11.0600) states “The clerk of session or the clerk of the permanent judicial commission shall do the following: … Upon the request, and at the expense of any requesting party, cause to be prepared, as promptly as circumstances permit, a true and complete transcript of all the testimony and oral proceedings during the course of the trial. A copy of this transcript, when certified by the person making the same to be true and complete, shall be delivered to each party requesting the same upon satisfactory arrangement for payment, and one additional copy shall be made for inclusion in the record to be sent forward upon any appeal pursuant to D-13.0000.”
When asked about The Layman’s denied request for a trial transcript, PCUSA Constitutional Services Director Mark Tammen said that “any requesting party” in D-11.0600 applies only to the prosecution and defendant in the case.
The specific charges by the presbytery’s prosecuting committee, to which Southard pleaded “not guilty,” were:
- that by participating and directing the March 1, 2008, worship service “Rev. Southard disregarded the Directory of Worship W-4.9000, in particular W-4.9001” and
- that she “failed to fulfill her ordination vow to be governed by our church’s polity (W-4.4003e) by participating in and directing the ceremony as set forth in Charge #1…”. Neither charge was sustained.
The trial was in Massachusetts, one of several states where same-sex marriage is legal. It could put the debate about separation of church and state at the forefront of PCUSA’s current discussion about the role of Christian marriage and civil unions. The General Assembly’s special committee studying the issue plans to meet in September and make its final report next summer.
Though the PCUSA’s constitution is clear on the issue, previous court interpretations have offered a cloudy, at best, interpretation.
The Book of Order’s Directory for Worship clearly states that “marriage is a civil contract between a woman and a man,” and again confirmed in Advisory Opinion 07 from the Office of the General Assembly, which states “only a union between a man and a woman is considered a marriage by the Presbyterian Church (USA).” The opinion says that it is improper for a minister to perform a same-sex union ceremony that the minister determines to be a marriage ceremony.
In the 2000 case Benton v. Presbytery of Hudson River, the General Assembly Permanent Judicial Commission ruled that Presbyterian ministers were constitutionally prohibited from officiating at the weddings of same-sex couples. However, the court did not forbid “blessing” services for same-sex couples, but it did say clearly that those services could not be called weddings or simulate weddings, such as exchange of vows or rings.
In two later cases, involving ceremonies performed by the Revs. Jane Adams Spahr and Janet M. Edwards, the accused were cleared of wrongdoing through interpretations declaring that the ceremonies could not have been marriages since they involved same-sex couples. In both cases, neither defendant denied taking part in a “marriage,” even though doing so is against Presbyterian polity.
Because court transcripts currently aren’t available, it’s not clear at this time if Southard had openly declared the ceremony a “marriage.” The trial summary released by the presbytery does not acknowledge who filed a complaint against Southard. According to the Book of Order, either party in a disciplinary case may appeal to the next higher governing body. If the prosecuting committee files an appeal in this case, it will go to the Synod.
According to the Book of Discipline, grounds for appeal by the prosecuting committee may include: irregularity of the proceedings; refusing a party reasonable opportunity to be heard or to obtain or present evidence; receiving improper, or declining to receive proper evidence or testimony; hastening a decision before the evidence or testimony is fully received; manifestation of prejudice in the conduct of the case; or error in constitutional interpretation.
Boston’s Executive Presbyter Wayne Parrish said presbytery staff was instructed as part of Saturday’s ruling not to comment on the case, other than from the public record. No reason was given.
“I presume because it’s a volatile issue, I don’t know,” he said. “I’ve never heard of anything like this before.”
The trial began at 9 a.m. Saturday and continued into the late afternoon. The PJC concluded its deliberations just after 9 p.m. PJC Moderator Sarah Newhall read aloud the entire decision and a dissent also was read aloud. The trial was adjourned at approximately 9:30 p.m.
Testimony included statements by the accused, as well as expert witnesses for both the prosecution and defense. The witness list included seminary professors and individuals who had experience with similar cases, Parrish said.
Parrish estimated that 35 to 50 spectators participated in the open proceedings.
The only reaction from PCUSA headquarters has been instructions to share the results of the trial with the presbytery at its next meeting, which is Sept. 28, and the Synod of the Northeast, Parrish said. The presbytery council is set to meet on Sept. 27, at which time discussion of the case will be added to the Sept. 28 meeting agenda, he added.
More Light Presbyterians (MLP), an affinity group that lobbies for gay rights within PCUSA, celebrated the decision on its Web site.
“I give thanks for the faithful pastoral ministry of Rev. Jean Southard and the decision today recognizes and respects those pastoral responsibilities,” said Edwards, who is co-moderator of MLP and was cleared of similar accusations last year. “The PJC decision encourages all of us to continue the dialogue about the meaning of marriage for both church and state.”
MLP Executive Director Michael Adee gave thanks to God for the ruling, while a statement on its Web site said the decision provides “direction and reflection on the matter of marriage equality.”
Southard, listed as honorably retired on the PCUSA pastor directory, previously served as supply pastor of First Presbyterian Church in Waltham, Mass. During her tenture she invited “Sara” Herwig to teach, work with young adults and preach to the congregation. Herwig is a transgendered person who was born male but underwent sex change surgery and identifies her/his self as female.