HOUSTON (UMNS) -- United Methodist ministers do have the
power to decide who becomes a member of the local church, the
denomination's top court has ruled, supporting a pastor who blocked an
openly gay man from joining the congregation.
The United Methodist Judicial Council, holding its
regular fall meeting Oct. 26-29, issued two decisions related to the
case of Rev. Ed Johnson, who was serving as senior pastor at South Hill
(Va.) United Methodist Church until he was placed on involuntary leave
of absence in June.
In Decision 1031, the council dealt with the due process
problems in how Johnson was disciplined. Decision 1032 was the more
sweeping ruling, saying that the church's Book of Discipline "invests
discretion in the pastor-in-charge to make determination of a person's
readiness to affirm the vows of membership."
The result of both decisions is that Johnson is to be
immediately reinstated to the status he held before being placed on
involuntary leave of absence, with all salary and benefits retroactive
to July 1, and is entitled to receive an appointment.
The council deliberated over several cases related to
homosexuality, including the case of the Rev. Irene Elizabeth "Beth"
Stroud, whose credentials for ordained ministry were again withdrawn as
the Judicial Council overturned an appellate court's decision that had
reinstated her.
The denomination's top clergy leaders, holding their
weeklong fall meeting in Lake Junaluska, N.C., spent more than an hour
in executive session Oct. 31 reflecting on the Judicial Council's
decisions.
"Because there were so many decisions, (the bishops)
felt it important to look at them and reflect on them," said Stephen
Drachler, spokesperson for the Council of Bishops. "They expect to be
issuing a more comprehensive response during this meeting."
In particular, the bishops discussed the ruling
involving the Virginia church. "One thing is clear," Drachler said on
behalf of the bishops. "The Constitution and Social Principles of the
United Methodist Church have not changed. Our Book of Discipline has not
changed. All persons are of sacred worth. Our communion table is open to
all persons who profess their belief in Jesus Christ and are seeking
forgiveness for their sins. God's love is unconditional."
The Virginia case involved an openly gay man who was
participating in the South Hill church in a variety of ways, including
singing in the choir. The man wanted to transfer his membership from
another denomination, and Johnson began a series of meetings with him.
The man's sexual orientation was a significant part of the discussions.
Johnson refused to receive the man into membership because he said the
man would neither repent nor seek to live a different lifestyle.
The church's associate pastor, who disagreed with
Johnson, contacted the district superintendent, and a disciplinary
process began that eventually resulted in Johnson being placed on
involuntary leave by a vote of his fellow ministers at the 2005 clergy
session of the Virginia Annual Conference.
In the decision dealing with the authority of a pastor,
the council's ruling states that Paragraphs 214 and 225 of the Book of
Discipline are "permissive and do not mandate receipt into membership of
all persons regardless of their willingness to affirm membership vows."
The operative word in both paragraphs, the ruling says, is that persons
"may" become members. "Decision 930 established the premise that 'shall'
cannot be used to replace 'may' in the Discipline. Thus the General
Conference has determined that any person 'may' become a member of any
local church in the connection." This also applies to people who want to
transfer into the United Methodist Church from another denomination, as
was the case in Virginia, the council ruled.
The ruling also cites Paragraph 340.3(a), which includes
among responsibilities of pastors as being the "administrative officers
of the local church."
"As part of these administrative responsibilities, the
pastor in charge of a United Methodist Church or charge is solely
responsible for making the determination of a person's readiness to
receive the vows of membership," the decision says. " ? The
pastor-in-charge is entrusted with discretion in the exercise of this
responsibility."
The ruling continues that "since the pastor is not
required by the Discipline to admit into membership all persons ?. and
since the Discipline designates the pastor to be 'the administrative
officer of the local church,' ? a pastor in charge cannot be ordered by
the district superintendent or bishop to admit into membership a person
deemed not ready or able to meet the requirements of the vows of church
membership. ? The appointed pastor in charge has the duty and
responsibility to exercise responsible pastoral judgment in determining
who may be received into membership of a local church."
The Rev. Susan Henry-Crowe, a council member, said in a
dissent that the decision "compromises the historic understanding that
the church is open to all. The Judicial Council cannot interpret
something that is not stated in the Discipline. Nothing in the
Discipline gives pastors discretion to exclude persons presenting
themselves for membership in the church." Council members Beth Capen and
Jon R. Gray also filed their intent to write dissenting opinions to
Decision 1032.
In the due process case, the council ruled that "rules
and procedures were not followed" and said it "found several errors in
the process." Primarily, the ruling stated that the Virginia Annual
Conference's board of ordained ministry transformed an administrative
complaint into a chargeable offense - a judicial complaint - and
therefore did not have the authority to consider the complaint.
The original complaint, "unwillingness to perform
ministerial duties," is an administrative complaint as covered in
Paragraph 362.2 of the Book of Discipline. The council said the bishop
rightly ruled that it was an administrative complaint. "While the
Discipline gives the bishop the right to choose whether to refer as an
administrative or judicial complaint," the ruling says, "the Discipline
places parameters around the bishop's right to choose. Paragraph 362.2
states, 'If the bishop determines that the complaint is based on ?
unwillingness or inability to perform ministerial duties, he or she
shall refer the complaint as an administrative complaint ?'"
However in its presentation to the clergy session, the
conference's board of ordained ministry changed the complaint to a
charge of disobedience, the court said. The board of ordained ministry
and conference relations committee have no authority to consider a
judicial complaint, the court said.
Oral arguments in the case were heard Oct. 27, in a
public session at First United Methodist Church of Houston's Westchase
campus. Johnson attended the hearing but did not address the council.
The Rev. Tom Thomas of Virginia and attorney Pat Meadows of Alabama
spoke on his behalf.
"Rev. Johnson rejects not the Discipline but the
interpretation of the Discipline," Thomas said. "He drew the line not at
the homosexual person but at homosexual practice."
"United Methodist bishops have considerable authority,"
Thomas said. "They tell elders where to go and they go. Ed Johnson has
gone for 24 years. But bishops and district superintendents are not
authorized to take charge of the issue of membership. There is no
authority to tell pastors who to bring in as members."
The two cases related to Johnson resulted from requests
for rulings of law from Virginia Bishop Charlene P. Kammerer. All
bishops' decisions of law are examined by the Judicial Council. In both
cases, the Judicial Council reversed Kammerer's decisions.
At the oral hearing, Kammerer said the language of the
Discipline stresses that "all people" can become professing members in
the connection. "The emphasis in our Constitution is on inclusiveness,
not exclusiveness," Kammerer said. "I believe the Book of Discipline
requires membership for this gay man. Rev. Johnson singled out one
sinful behavior. Offering only participation in church amounts to
second-class citizenship."
"What will this mean," she asked, "for the hundreds and
hundreds of pastors, hundreds and hundreds of churches, who have already
accepted gay persons into membership? We should err on the side of
grace."
The Rev. Jeffery Mickle, chairman of Virginia's board of
ordained ministry, and Clark Williams, chancellor for the Virginia
Conference, also spoke. "While the United Methodist Church refuses to
bless the practice of homosexuality," Mickle said, "we will not say to a
homosexual person that your practice is so objectionable as to exclude
you from membership in this body of Christ."
"Membership is not reserved for the worthy," Williams
said. "It is a means of grace for all of us to become worthy."
Homosexuality-related issues
Several other rulings issued Monday by the Judicial
Council dealt with issues related to homosexuality and the church.
The council ruled that an annual conference's own
definition of "status" and any refusal to define "practicing" or
"practicing homosexual" does not violate the enforceability of Paragraph
304.3 of the Discipline. Decision 1020 affirmed Bishop Beverly J.
Shamana's decisions of law related to items adopted during the 2005
session of the California-Nevada Annual Conference.
In Item 26, the conference defined the word "status" in
the United Methodist Constitution "as including sexual orientation such
as heterosexuality, homosexuality, bisexuality and trangendered." In
Item 27, the conference refused to define "practicing" or "practicing
homosexual." Shamana ruled that the items did not pre-empt the force of
law of Paragraph 304.3, and those rulings were supported by the council,
which wrote "regardless of whether there are one definition or many, no
such definition may void, violate or otherwise pre-empt the force of law
of Paragraph 304.3 of the Discipline."
In another California-Nevada Annual Conference item, the
council upheld Bishop Shamana's decision of law, in which the bishop
ruled that nothing in a resolution titled "We Will Not Be Silent"
violated the Book of Discipline. The resolution, adopted at the
conference's annual gathering, contains four inclusion principles,
including "to make plans to welcome and include LGBT (lesbian, gay,
bisexual and transgender) persons in leadership roles in the church."
The resolution "concerning lay involvement and
leadership ? does not encourage or require district superintendents to
hold churches accountable for a position specifically at odds with
Paragraph 304.3 of the 2004 Discipline, which applies to clergy
certification, ordination and appointment," the court stated in Decision
1028.
The West Michigan Annual Conference asked the council to
examine whether action amending the conference health benefits plan to
include benefits for dependents including "domestic partners" was in
violation of Paragraph 612.19, which directs that no United Methodist
funds promote homosexuality.
The court said the "annual conference council on finance
and administration is responsible for determining whether funds are
being used to supply domestic partner benefits under a conference health
benefits plans," and if so, whether that promotes homosexuality. The
council found no indication in its materials regarding the West Michigan
Council on Finance and Administration examining whether United Methodist
funds were being used to provide benefits to domestic partners.
"Normally, the cost of benefits to all dependents, including domestic
partners, are paid entirely by the plan participant," the council said.
Other UMNS stories about the Council of Bishop's Statement will be
posted here when they are released. For other related stories about both
the Judicial Council and the Council of Bishops, log on to
www.umns.org.
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