Overture calls for enforcement of church court’s order in 2000
The Layman Online, May 16, 2002
Commissioners to the 214th General Assembly in Columbus, Ohio, on June 15-22 will be asked to ensure that a Vermont congregation ends its defiance of the Constitution of the Presbyterian Church (USA).
If the overture is approved, the General Assembly would undertake a rare role for the national body – as the enforcer of the Constitution.
Citing a case decided by the Permanent Judicial Commission of the General Assembly in 2000 – the highest ecclesiastical court in the denomination – the overture from the Presbytery of Shenango in Pennsylvania says Christ Church in Burlington, Vt., continues to ignore the court’s order and to advertise its defiance of G-6.0106b, the “fidelity/chastity” ordination standard in the Book of Order.
In that case, known as Londonderry v. Christ Church, the court declared that Christ Church’s dissent “exceeds the constitutional bounds of freedom of conscience and therefore requires a response on the part of the governing body exercising oversight.” The court ordered the Presbytery of Northern New England “to work pastorally with the Session of Christ Church to assist it in fulfilling its obligation to comply with the Constitution.”
But there has been no report of compliance with the court’s order – which Stated Clerk Clifton Kirkpatrick is required to make – and Christ Church “continues to proclaim publicly on its Web site that it ‘vow[s] to continue welcoming persons living singly or in committed relationships, regardless of sexual orientation, into the life, membership and leadership of this congregation on an equal basis, including eligibility for election and ordination as a ruling elder or deacon,” the Shenango overture says.
In the Londonderry case, the court found “that there are no constitutional grounds for a governing body to fail to comply with an express provision of the Constitution. … Assertions of inconsistency, confusion, or ambiguity may justify the right to protest. They do not create a right to disregard any part of the Constitution.”
The Shenanago overture asks the General Assembly:
- To declare that compliance with the Londonderry ruling has been inadequate.
- To issue orders to ensure compliance, including instructing the Synod of the Northeast no later than 30 days following the close of its next stated meeting, to order the Presbytery of Northern New England to assist the session of Christ Church in complying with the court’s order.
- To require the session of Christ Church to rescind its declaration of intent and deliver the statement of compliance to the presbytery by no later than 30 days following the issuance of the action of the commission.
- To require the pastors of Christ Church to rescind their declaration of intent.
- To have the presbytery assume original jurisdiction over the session of Christ Christ should it decline to rescind its statement of dissent.
- To have the presbytery dissolve the pastoral relationships if the pastors should decline to rescind their statements of dissent.
- To have the administrative commission act as a session and discipline any elders of Christ Church’s session who refuse to follow the court’s order.
The overture calls for full reports on compliance from middle-governing bodies and Kirkpatrick. It also encourages Kirkpatrick “to take all steps he deems necessary or convenient to fully assure the 215th General Assembly that the subject orders have been complied with.”
Finally, the overture calls on Kirkpatrick “immediately to remind all of the governing bodies of the PCUSA that the ruling of the GAPJC in Londonderry constitutes a precedent decision that applies to all presbyteries and all sessions; and that it is the will of this body [the 214th General Assembly] that all known expressions of disregard for the constitution’s provisions be corrected immediately consistent with these directions.”