GAPJC decisions
Caledonia, Parnell decisions include
strong dissents among commissioners
By Jason P. Reagan , The Layman, August 5, 2011
The Presbyterian Church (USA)’s highest court dismissed one case challenging the ordination of a gay candidate and sent another back to the synod level – but not without some dissent.
On Tuesday, the General Assembly Judicial Commission (GAPJC) handed down rulings unfavorable to appellants in Session of Caledonia (et. al.) v. Presbytery of John Knox and Parnell (et. al.) v. Presbytery of San Francisco.
In both cases, the attempted ordination of openly gay candidates – Scott Anderson in Caledonia and Lisa Larges in Parnell — were challenged both on grounds of the now-defunct Section G-6.0106b of the PCUSA Book of Order as well as Scriptural and Reformed standards and traditions.
In the Caledonia decision, the commission ruled the challenge to be moot after G-6.0106b was removed from the Book of Order with the passage of Amendment 10A in May. The clause required ordained ministers to live in chastity in singleness or fidelity in marriage, effectively banning homosexual relationships.
The GAPJC sent the Parnell complaint back to the Synod of the Pacific PJC, ruling it erred when it failed to address certain arguments in the complaint concerning the validity of Scriptural and confessional standards as related to sexual morality.
Caledonia
In the Caledonia appeal, the GAPJC focused on the removal of G-6.0106b and stated it could not make a ruling on whether or not Anderson had violated Scriptural or Reformed standards.
Anderson had claimed his 19-year partnership with another man was not a violation of Scripture, the Book of Confessions, or the PCUSA constitution. In 2010, he was approved for ordination by John Knox Presbytery of Wisconsin. In October, the Synod of Lakes and Prairies Permanent Judicial Commission affirmed the presbytery’s ordination approval.
Anderson was ordained in 1982 but set aside his ordination in 1990 after his gay relationship was made public by church members in California.
After accepting a position as director of the Wisconsin Council of Churches in 2003, Anderson sought ordination from John Knox Presbytery. After approval, Caledonia Church of Portage, Wis. challenged the move but was rebuffed by both presbytery and synod-level PJCs, leading to the GA-level showdown.
At the July 29 hearing in Louisville, Caledonia counsel Whitman Brisky argued Biblical standards could not be overridden by Amendment 10A and that Anderson would not be eligible unless he repented of his “homoerotic behavior.”
“The appellants [Caledonia], while arguing on appeal a Scriptural basis for overturning the presbytery’s action, failed to include such arguments in either their original complaint or the specification of errors,” stated GAPJC commissioners Bradley C. Copeland, Yun Jin Kim, Meta Cramer and Susan J. Cornman in the ruling.
“These omissions meant that this Commission was unable to address issues broader than the application of G-6.0106b in its decision,” they added.
Although the GAPJC allowed Caledonia to present its appeal, it heard John Knox Presbytery’s motion to dismiss first and deliberated over the weekend.
Dissent in the ranks
However, not all commissioners agreed with the decision.
Although he ultimately concurred with the decision, Commissioner William E. Scheu stated he only did so due to the passage of Amendment 10A.
“Had the passage of Amendment 10A not occurred prior to the hearing of this case, I would have voted to reverse the decision of the SPJC by which it affirmed the action of the presbytery in granting to [Anderson] a departure,” he said, adding, “In my view, the Anderson departure, as approved by the presbytery, was an obstruction of constitutional governance.”
Scheu also said he prayed that post-10A provisions will “lead to ordination examinations that take the meaning of Scripture and the Confessions seriously and honestly, so that the peace, unity and purity of the church may be upheld and nourished.”
Commissioners H. Clifford Looney, Barbara A. Bundick, A. Bates Butler III also concurred with the ruling but said they would have preferred to affirm the synod GAPJC rather than dismiss the case altogether.
Two commissioners agreed with Caledonia that Scriptural standards should have been addressed more strongly.
“At the very core of this issue are doctrinal matters that rest upon our interpretation of Scripture and understanding of the covenantal nature of our faith,” wrote Michael J. Lukens and Margaret MacLeod.
“The record in this case amply demonstrates that such issues were considered by the SPJC, yet these matters are not reflected in its judgment.”
Dissenting commissioners Gregory A. Goodwiller, Margaret MacLeod, Tony Cook and Flor Vélez-Diaz expressed concern that the ruling creates a “decision-free zone of time in which an ordination can occur without substantive review beyond the synod level,” adding “We contend that the Presbytery of John Knox has obstructed the constitutional governance of our church by voting to proceed to ordain [Anderson] despite the candidate’s unwillingness [to “‘conform” his ‘actions’ to a ‘practice of the church’ in an area ‘which the church has determined to be necessary,’”].
In the decision, the GAPJC skirted the issue of how Amendment 10A should be applied to future ordinations
“Nothing in this decision should be construed to interpret the ordination standards under the new Form of Government, as that issue is not before the commission.”
Reaction
In an interview in the Milwaukee Journal Sentinel, Anderson called the ruling “wonderful” and said he was thankful the “long and exhaustive journey” was over.
“[The ruling] did not reach the merits of the case and rule on whether Scripture and the confessions constituted a standard by which Mr. Anderson could be judged,” Brisky said in an interview.
The ruling also made headlines among Presbyterian-related blogs.
Writing in her blog Naming His Grace, blogger Viola Larson said, “Churches, without Biblical and confessional guidance and discipline, eventually stop being churches; they just become secular institutions or worse, temples to false gods. The need to embrace a self-indulgent society is all too apparent.”
“That Scott Anderson is now able to respond to God’s call to serve as a teaching elder is a hopeful sign of a new reality for the PCUSA,” read a statement from the co-moderators of the Covenant Network of Presbyterians, an organization which has worked to remove the fidelity/chastity standards.
In a statement released Monday, John Knox executive presbyter Ken Meunier thanked everyone who was a part of the appeal process, adding that a commission would be formed to ordain Anderson.
“The GAPJC is the final voice in this particular case and has granted the John Knox Presbytery permission to proceed with decision [sic] of the John Knox Presbytery to ordain Scott Anderson as a teaching elder,” Meunier said.
“A commission will be appointed for this purpose in the near future. I look forward to this opportunity to attend this ordina
tion as I look forward to each opportunity to lift up individuals to leadership roles in the church,” he added.
Anderson is expected to be ordained in October.
Parnell
In remanding the Parnell appeal back to the Synod of the Pacific PJC, the higher commission ruled the synod did not address the complainants arguments about whether or not Larges, in departing from chastity/fidelity standards, had indeed violated Scriptural admonitions against homosexual behavior.
Unlike the Caledonia appeal, the Parnell appellants based its complaint both on Scripture and Reformed traditions, rather than solely on the now-defunct G-6.0106b clause.
“The record does not reflect that the SPJC ruled on the appellants’ contention that Scripture and the Confessions prohibit certain sexual behavior,” the ruling stated.
“While the appellants’ complaint was based primarily on G-6.0106b, the appellants clearly and consistently presented arguments at trial on the basis of Scriptural and confessional standards without objection by the presbytery. Since the doctrinal issue is central to the appellants’ case, it was error for the SPJC not to expressly rule upon the issue.”
As in the Caledonia ruling, the GAPJC avoided delving too deeply into Amendment 10A and its implications.
“Given that the constitutional provisions under which the candidate was examined are no longer part of the [PCUSA] constitution and that the candidate was not in a same-gender relationship at the time of the examination, this commission declines to interpret provisions that no longer exist,” the ruling stated.
The remand doesn’t guarantee a new trial but will order the SPJC to review the original complaint in order to render a new ruling. Observers note the process will likely take about a year to resolve.
In 2004, Larges informed San Francisco Presbytery that she had entered into a same-sex relationship and refused to comply with G-6.0106b, the PCUSA’s constitutional fidelity/chastity requirement for ordination.
Larges called the standard a “mar and stumbling block” for the PCUSA under which she could not claim chastity or fidelity unless same-sex relationships were recognized as co-equivalent with marriage. The presbytery nonetheless approved Larges’ ordination in a 156-138 vote in 2009. Larges currently serves as ministry coordinator for That All May Serve Freely.
The organization is tasked, according to its website, with being an advocate “for an inclusive church for all who are disenfranchised a church that honors diversity and welcomes lesbian, gay, bisexual, and transgender persons as full members full membership, which includes eligibility for ordination to the offices of elder, deacon, and minister of Word and Sacrament.”
Dissent for a stronger ruling
Unlike the Caledonia ruling, the Parnell decision harbored a measure of dissension aimed squarely against the complainants’ arguments and advocated a more decisive action by the commission.
Calling San Francisco Presbytery’s examination of Larges “reasonable, responsible, prayerful and deliberate,” a dissent by A. Bates Butler III, Jay Lewis and Susan J. Cornman argued the commission should have simply affirmed the SPJC’s decision and found no error.
“While the SPJC decision might have been more clear in its language, and indeed may have been in-artful, to suggest that the SPJC itself did not rule upon the Scriptural and confessional standards ignores the totality of the language in its decision and elevates form over substance,” they wrote.
The dissenters added that the GAPJC is “charged with securing the ‘economical determination of proceedings.’ We believe that sending the case back to the SPJC does not accomplish that charge. We would affirm the decision of the SPJC.”
The dissenting trio also questioned whether the ordination should ever been appealed at all: “For an appellate body to be empowered to micromanage the ordination process without there being extraordinary reasons would be ill-advised.”
In issuing its ruling, the GAPJC suggested the synod commission order the presbytery to re-examine Larges in a post-10A context.
Reaction
Although San Francisco Presbytery has yet to make a public comment, Parnell counsel Mary Naegeli and Bruce McIntosh released a statement accusing the commission of being “paralyzed into silence in the face of moral confusion.”
“The silence is deafening. In this critical moment – in which going back to God’s Word is the proper course – the GAPJC failed its duty to the church,” they said, claiming the commission “dodged the issue which is legitimately its to decide.”
“Either through fear or recalcitrance, the commission made its choice between Sola Scriptura and Nolo Scriptura. It chose Nolo Scriptura, which does not bode well for our future together,” they added.
On the specific issue of a Scriptural standard prohibiting same-sex behavior, Naegeli wrote in her blog: “In no way does the fact that there are ‘only’ six passages that explicitly prohibit homosexual activity diminish the force of those passages.”
“They are not countered by a single positive passage affirming homosexuality. They are countered by a consistent Biblical understanding of marriage as exclusively between male and female. They proscribe the behavior in the strongest possible terms,” she added.
In her blog, Naming His Grace, Larson wrote: “It matters not what the GAPJC decides, what any synod or presbytery or church does, what any pastor writes in praise of sin and the world, Jesus Christ is the victor, he won the battle on the cross, we rest in him.”
In a released statement, Janet Edwards, co-moderator of More Light Presbyterians, a pro-gay organization, wrote of both decisions: “Lisa Larges and Scott Anderson have both been faithful and talented servants of God during the decades that they faced so many barriers but hearts are changing and the barriers are gone … It is a sacred gift to see the church take the next step toward recognizing the call Lisa and Scott have to ministry.”
Writing in GA Junkie, blogger Steve Salyards noted that the decisions differed from previous rulings, which he said had been “crafted so that members of the GAPJC were unanimous, or nearly so, in the decision.”
“The variety of voices heard in these decisions … strikes me as a shift in tone and there is no longer an emphasis on high-consensus decisions,” he wrote, adding that such a change may have evolved due to new “circumstances with the passage of 10A.”
Efforts to reach San Francisco Presbytery for comment were unsuccessful as of Friday.