Coalition letter ‘corrects’ clerk’s statements about the constitution
By John H. Adams, The Layman Online, March 14, 2002
Local church sessions have the constitutional right to adopt confessional resolutions, seek peaceful separation from the Presbyterian Church (USA) and withhold financial support for higher governing bodies, the Presbyterian Coalition says in a letter to the denomination’s 12,216 local church sessions.
In its ongoing appeal for enforcement of the PCUSA Constitution, the board of the evangelical renewal group on March 13 made public its letter to the sessions, correspondence with the Office of the Stated Clerk and other documents.
The Coalition said Stated Clerk Clifton Kirkpatrick needed to “correct” some of his previous statements about the constitution, including his declaration that ministers and elders who advocate peaceful separation or withholding financial support are schismatic and violating their oaths of office.
“Provisions for peaceful withdrawal for those who cannot, in good conscience, comply with the will of the church [is] demonstrated in the constitution,” the letter said. It also stated that withholding per-capita payments to higher governing bodies “is both constitutional and faithfully obedient to ordination vows.”
The Coalition letter is a continuation of efforts by the organization to have a public discussion with Kirkpatrick about his oath to “preserve and defend” the denomination’s constitution. One proposed meeting was canceled after Kirkpatrick declined a public discussion.
Clerk threatened officers
Rather than respond directly to urgings by the Coalition and others to exercise his constitutional duties, Kirkpatrick, in a Jan. 3 letter, issued a stern warning to ministers and elders in the PCUSA who discuss peaceful separation or withholding per capita payments that support presbytery, synod and General Assembly programs.
“Such actions are unconstitutional, and I urge that they stop,” he said. “It is a violation of our ordination vows to promote schism or the defiance of constitutionally sanctioned governing body directives.” A minister or elder can be excommunicated for violating an ordination vow.
The Coalition letter and accompanying documents cited chapter and verse from the constitution to challenge Kirkpatrick’s warning.
Kirkpatrick’s letter did call for enforcement of the “fidelity/chastity” ordination standard in the Book of Order – but he added sympathetically:
“I am well aware that there is considerable debate about the wisdom of this provision in our Constitution in light of our historic Presbyterian polity and that an amendment [Amendment 01-A] has been approved by the 213th General Assembly and is currently before the presbyteries that could remove this provision.”
More the 70 percent of the presbyteries have voted against – and soundly defeated – Amendment 01-A.
‘Time for compliance’
“In good Presbyterian fashion, the people of this great denomination have sought the will of God through prayer, the study of Scripture and lively debate,” the board of the Coalition said. “And again, for the third consecutive time in fewer than ten years, the PCUSA has voted with ever increasing margins to uphold the Biblical and historical standards of conduct for church officers by defeating Amendment 01-A.”
The board added, “Now is the time for repentance, faithful obedience and constitutional compliance.”
In a letter to the stated clerk, the Coalition’s executive committee detailed its disagreement with Kirkpatrick on peaceful separation and withholding per capita.
Peaceful separation
“Because the constitution makes provision for dismissing individual congregations under G-11.0103i and G-8.000, peaceful separation is recognized in the ‘Historic Principles, Conscience and Church Government’ (adopted by the 195th General Assembly in 1983),” the executive committee said. “That document states that a single member or a governing body can exercise the right of conscience if they disagree with a decision of another governing body by withdrawing peacefully without schism.”
The letter added, “Such withdrawal is constitutional. Therefore, honest dialogue by the Coalition and many others about gracious separation is not only not unconstitutional; it is in fact honored by our constitution. Advocating that a dissenting congregation exercise that avenue if it cannot obey covenantal standards is constitutional. Such advocacy is not a violation of ordination vows, and we urge you to promptly correct your statement by issuing a new letter to stated clerks and the public with an accurate statement about how the constitution provides for dissent and withdrawal.”
Per capita is voluntary
On the per-capita issue, the executive committee’s letter said, “It is quite clear from the cases decided by the General Assembly Permanent Judicial Commission, from the statements of previous stated clerks, from the latest opinion of the Advisory Committee on the Constitution, from the latest statement and action by a General Assembly, as well as from the plain language of the provisions of the Book of Order, that [payment of] per capita assessments are voluntary with respect to sessions.”
The letter by the full Coalition expressed concern that some ministers and sessions “have publicly declared their intent not to obey the constitution by defying G-6.0106b.”
In one case, the session of Mount Auburn Presbyterian Church in Cincinnati has literally dared Kirkpatrick to respond. Mount Auburn posted on its Web site two statements declaring its intent to defy G-6.0106b and to conduct “marriage” services for homosexual couples in violation of the constitution. Both statements were addressed to the stated clerk, but he had not responded publicly at press time for The Layman.
“It is with deep regret that we have learned with you of ministers and sessions that have publicly declared their intent not to obey the Constitution by defying G-6.0106b,” the Coalition board said. “Our Presbyterian Constitution offers only five options for individuals who disagree with a decision of a governing body. They may (1) work for change; (2) dissent or appeal; (3) passively submit; (4) actively concur; or (5) peacefully withdraw. Defiance is not an option supported by our constitution.”
Unchallenged defiance
The statements of defiance by more than a dozen sessions “have gone publicly unchallenged,” the Coalition said. “We encourage all Presbyterian governing bodies to uphold the constitution in all its parts. We urge responsible Presbyterians at all levels to preserve the fabric of our common life, employing the Rules of Discipline if necessary, so that health and peace is restored to the PCUSA.”
The Coalition’s letter also expresses concern that orders of church courts, affirmed by the highest court in the denomination, have not been implemented.
Referring to a case in New England, in which a session stated its intent to defy the constitution, the letter quotes from the ruling of the Permanent Judicial Commission of the General Assembly. A statement of intent to violate the constitution “exceeds the bounds of freedom of conscience and therefore requires a response on the part of the governing body,” the court said.
“The presbytery was ordered to work with that session to comply with the constitution and to ‘warn it of the spiritual effects and disciplinary consequences of noncompliance,'” the Coalition said.
It added, “In this case, now almost two years past the GA-PJC decision, the church has not yet complied with the constitution and no known disciplinary consequences have followed. It is the responsibility of the stated clerk of the General Assembly to obtain a statement of compliance and make a full report to the General Assembly so that the General Assembly has opportunity to take further measures as needed to ensure compliance. To date, that report has not been made.”
Sessions asked to help
The Coalition letter solicited support from sessions by:
- Praying for “reconciliation and the restoration of community by restoring order in our church family.”
- Urging Kirkpatrick and the General Assembly Council “to act vigorously to preserve, uphold, and defend the Constitution.”
- Sending an overture (deadline May 1) to the 2002 General Assembly, urging the denomination’s highest governing body “to actively enforce the constitution.”
- Asking commissioners to the General Assembly to be prepared to respond to these issues.
- “Take other constitutionally permitted actions which you decide are appropriate for you and that build up the body of Christ in the PCUSA.”
The Coalition’s letter was signed by all of its directors.