Defiance not a constitutional right,
clerk says
Kirkpatrick says presbyteries, synods must enforce
the rules
by Alexa Smith, Presbyterian News Service
LOUISVILLE -- August 22, 2002 -- The stated clerk of
the Presbyterian Church (USA) has pointed out in letters to synod and
presbytery stated clerks that the denomination's constitution
"provides no right of defiance."
The Rev. Clifton Kirkpatrick sent his letters on Aug.
21, just weeks after two PC(USA) churches and two pastors said in open
letters that they will not abide by a constitutional provision
forbidding ordinations and marriages of gays and lesbians.
Kirkpatrick advised stated clerks of synods and
presbyteries that the constitution does provide "the right of
dissension."
He noted that the recent 214th General Assembly
approved two overtures affirming that presbyteries and synods are
charged with enforcing the constitution when non-compliance is an issue,
and are obliged to work pastorally with defiant congregations.
Kirkpatrick told presbytery clerks that the
denomination's Rules of Discipline must be taken "seriously,"
and said synods must initiate administrative reviews of cases involving
"irregularity or delinquency" at the presbytery level.
He described the political climate in the church as
"challenging," and said presbytery stated clerks are in an
"especially difficult position." He asked synod clerks to
"be generous" with personal and professional assistance, and
noted that the staff of the Office of the General Assembly is available
to help presbyteries discharge their responsibilities.
The first of the open letters was issued on July 25 by
the Rev. Stephen Van Kuiken of Mt. Auburn Presbyterian Church in
Cincinnati, who wrote that he supports his congregation's decision to
ordain and to marry gays and lesbians, has officiated at such ceremonies
and intends to do so in the future.
The Mt. Auburn congregation has a long history of
advocating the full inclusion of gays and lesbians in the life of the
church.
Van Kuiken wrote that while the PC(USA) historically
has interpreted scripture broadly on issues such as evolution, divorce
and women's roles, it has "locked into a narrow and literalistic
interpretation regarding sexual orientation."
"The pervasive fear which results from this view
… is tearing down the body of Christ," he wrote. "So
following our precious legacy of religious liberty, with care and
concern for gay and lesbian members and their families, and out of
devotion to God that I experience in Jesus, I must simply echo the words
of Martin Luther: 'Here I stand; I can do no other.'"
A Cincinnati Presbytery committee is investigating
charges that Van Kuiken and Mt. Auburn's former pastor, the Rev. Hal
Porter, have performed same-sex marriages and ordained gay deacons and
elders, thus failing to uphold their ordination vows.
Officials of two churches in the Presbytery of Hudson
River subsequently issued similar statements, affirming Van Kuiken's
stance and announcing their dissent from the controversial provision --
G-6.0106b -- of the PC(USA) Book of Order, which requires of
church officers "fidelity within the covenant of marriage between a
man and a woman or chastity in singleness." They are South
Presbyterian Church in Dobbs Ferry, NY, a party to an earlier judicial
case that ended in a decision that PC(USA) churches may perform
"unions" of same-sex couples, but may not call them marriages,
and Nauraushaun Presbyterian Church, in Pearl River, NY.
The South Church letter was signed by the Rev. Joseph
Gilmore, pastor; the Rev. Susan DeGeorge, associate pastor; and Dana
Lichty, the clerk of session. It says the session will "continue to
ordain the most qualified leaders for our congregation … who are
committed to any lifestyle or relationship that is loving, tender and
just." It says the congregation's leadership also will urge its
nominating committee not to inquire into the "private sexual
lives" of candidates.
According to the Aug. 6 letter, South Church began
ordaining gays and lesbians in 1992 and has conducted same-sex unions
since 1991. Congregational leaders said they intend to continue those
practices.
The Nauraushaun Church's session and its pastor, the
Rev. Jean A.F. Holmes, wrote in an open letter dated Aug. 11 that their
congregation supports "faithful persons and churches who dissent
against G-6.0106b."
"We have already announced our prayerful refusal
to abide with this ungracious statement inserted into an otherwise
faithful book," they wrote.
The letter expresses concern for Van Kuiken; the Rev.
Don Stroud, an openly gay pastor in Baltimore Presbytery who has
announced his intention not to comply; and the pastors and session of
the Dobbs Ferry church.
"They do not stand alone," wrote the
officials of the Nauraushaun church. "We stand with them. We
believe the actions of Paul Jensen and others bringing charges within
our denomination …… must be challenged and stopped."
Jenson is a Washington, DC-area attorney who has filed
judicial cases against Stroud, Van Kuiken and 14 other Presbyterians.
An investigating committee named to look into charges
that Stroud violated his ordination vows dismissed the case against him.
Jensen is appealing that decision.
Kirkpatrick, acknowledging the expressions of
unwillingness to comply, told the presbytery clerks that presbyteries
have "the authority and responsibility to work pastorally with
their churches and pastors" to maintain the covenant sealed by the
PC(USA) constitution.
Conceding that some constitutional provisions are
"difficult" for some in the church, he said the constitution
"protects the right of dissension, but provides no right of
defiance."
In his letter to the synod clerks, Kirkpatrick said
Presbyterian polity provides that presbyteries are to have the full
support of synods. "It is your synod that provides the judicial
review," he wrote. "It is your synod that has the authority
and responsibility to undertake administrative review when the synod
learns of an 'irregularity' or 'delinquency' on the part of one of your
presbyteries. In a separate letter, I strongly urge all presbyteries to
take seriously the requirements of the Rules of Discipline.
"The process must be honored if the integrity of
the judicial system is to be maintained," he concluded.
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