PCA moves to protect pastors from prosecution
in states that allow same-sex marriage
By G. Jeffrey MacDonald, The Layman, June 19, 2009
ORLANDO – Concerned that pastors might soon be required by law to perform same-sex marriages, the Presbyterian Church in America (PCA) took dramatic steps Thursday (June 18) to strengthen their case for an exemption based on religious freedom.
In a fast-tracked move that capped off the 37th General Assembly, commissioners voted overwhelmingly to amend the denomination’s Book of Church Order (BCO) to make clear that worship leaders must sometimes obey a higher law than civil authority.
During floor debate, a pastor from Iowa punctuated the group’s concern when he said he could potentially face discrimination claims under the state’s new policy of permitting same-sex marriages.
“If we fail to change the language today … you will leave me without protection,” said Allen McClure of Faith Presbyterian Church in Ackley, Iowa. “I would like to get the protection now, so that if the lawsuit comes next week or next month, I will have the protection.”
New language added to a section on marriage now appends a qualifier to the end of this sentence: “It is proper that every commonwealth, for the good of society, make laws to regulate marriage, which all citizens are bound to obey.” The qualifier reads: “… insofar as they do not transgress the laws of God.”
The General Assembly added another qualifier to a sentence that begins: “It is enjoined on all ministers to be careful that, in this matter, they obey the laws of the community. …” At that point, newly added language reads: “to the extent that those laws do not transgress the laws of God as interpreted by the Constitution of the Presbyterian Church in America …”
Earlier in the week, members of the PCA’s Overtures Committee had voted to advise the assembly that concerns behind the overture were sufficiently addressed in the BCO and therefore required no further action. The panel’s reasoning held that the Westminster Confession of Faith, codified in the PCA constitution, already makes clear that marriage is to be understood as a union between one man and one women. Therefore, no action of the assembly would be necessary to establish that the denomination doesn’t permit its pastors to perform same-sex ceremonies.
But the assembly didn’t buy the argument. David Ridenhour, pastor of Lake Oconee Presbyterian Church in Eatonton, Ga., noted that the Presbyterian Church (USA) also includes the Westminster Confession in its documents. His concern: If pastors in the PCUSA were to officiate at same-sex weddings, then a court could conclude that the Westminster Confession doesn’t constitute a valid basis on which to claim a religious freedom exemption.
“Unless we have a stronger statement, the court can say we’re building on the same foundation as the PCUSA” and potentially deny an exemption, Ridenhour said shortly after the assembly sent the Overtures Committee back to work on the document further.
Recent action to bring same-sex marriage to six states cast a sense of urgency upon the proceedings. A motion in the Overtures Committee to postpone action until next year received a resounding rejection. Later, Moderator Brad Bradley dispensed with a General Assembly precedent that would have required the assembly to get presbyteries’ approval before amending the Directory for Worship section of the BCO. After a challenge to Bradley’s move, the assembly gave its approval for fast-tracking after discussion about the rapid changes afoot in states’ marriage laws.
By changing the BCO, PCA commissioners hope to avoid a showdown with state authorities. Particular concern extends to the PCA’s military chaplains, perceived to be at risk of one day falling under a federal government mandate to perform same-sex marriages.
Avoiding such a conflict with the state, however likely or unlikely one may be, is important to members of this evangelical denomination for various reasons. Ridenhour noted that his tradition takes seriously Romans 13, which calls on Christians to regard civil magistrates as God’s appointed authorities. He interprets the text to mean: “We are to, as much as possible, obey the law of the land.”
Others have different reasons. Robert Mattes of Arlington, Va., said he sees a basis for defying civil authorities in Shadrach, Meshach and Abednego’s refusal in the Book of Daniel to bow to the image of gold made by King Nebuchadnezzar. But he also said stewardship responsibilities would compel the church to avoid unnecessary lawsuits, and therefore the PCA should try not to run afoul of the state if possible.
For his part, Iowa pastor Allen McClure just doesn’t relish the prospect of engaging in civil disobedience.
“I don’t want to go to jail,” McClure says. “I like being with my family.”
But if necessary, some PCA pastors say, they would go to jail rather than perform same-sex marriages.
“We don’t want to defy the laws of the state, but we will,” Ridenhour says. “When the law of the land and God’s law are in conflict, God’s law wins.”