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Judicial Council overturns bishop’s ruling on sexuality statement, affirms apportionments decision

November 3, 2009 by MethodistThinker

The United Methodist Judicial Council, reversing a decision by Bishop John Schol, has ruled that a resolution passed this earlier this year by the Baltimore-Washington Annual Conference is at odds with the United Methodist Book of Discipline‘s official teaching on human sexuality.

bishop-john-schol

Bishop John Schol
(UMNS photo)

The resolution, which mirrored legislation rejected by the 2008 General Conference, said that United Methodists “have been and remain divided regarding homosexual expressions of human sexuality.”

However, the official church teaching of the United Methodist Church, approved by the General Conference and included in ¶161F of the 2008 Book of Discipline, clearly states that the UMC “does not condone the practice of homosexuality and consider[s] this practice incompatible with Christian teaching.”

Further, the Discipline language notes that “sexual relations are affirmed only within the covenant of monogamous, heterosexual marriage.”

In its ruling (Decision 1120), the Judicial Council, the denomination’s highest court, wrote that the “effect of the Baltimore-Washington resolution is to negate the church’s clearly stated position.” Moreover, “the Baltimore–Washington resolution attempts to articulate a new and different standard of church belief using language that has been specifically rejected by the General Conference.”

The Council ruled that an annual conference “may not negate, ignore or violate” the Book of Discipline, “even when the disagreements are based upon conscientious objections.”

∞

A report from the United Methodist News Service offers additional background:

In previous decisions, the council had determined [that] statements of beliefs on sexuality from the Desert Southwest [Decision 913] and Pacific Northwest [Decision 1021] conferences — and even an earlier Baltimore-Washington resolution calling for inclusive behavior in the acceptance of congregational members [Memorandum 1044] — were permissible because they did not negate, ignore or violate the Discipline.

But a California-Nevada resolution directing the conference to distribute a list of retired clergy willing to perform same-sex union ceremonies was considered an endorsement of actions prohibited by the Discipline [Decision 1111].

Applying guiding principles from such previous decisions, the Judicial Council found that the Baltimore-Washington statement’s claim to communicate a “more authentic and truthful representation” of the church implies the denomination’s position is less than authentic.

∞

The Baltimore-Washington resolution voided by the Judicial Council was sponsored by seven churches — three in Maryland and four in Washington, D.C. — aligned with Baltimore-Washington Area Reconciling United Methodists.

bwarmThe group “seek[s] to affirm lesbian, gay, bisexual, and transgender people and ensure the full participation of people of all sexual orientations and gender identities in the ministry and life of the United Methodist Church, particularly in the Baltimore-Washington Conference.”

The Maryland churches are Emmanuel UMC in Laurel, Christ UMC in Columbia, and St. John’s UMC in Baltimore. The D.C. congregations are Capitol Hill UMC, Wesley UMC, Dumbarton UMC, and Foundry UMC.

In 2008, one of the seven churches, D.C.’s Foundry UMC, began “recogniz[ing] same-sex unions in special ceremonies that fall just short of an official wedding,” according to a account from the United Methodist News Service.

∞

In other rulings, the Judicial Council affirmed a decision by Bishop Larry M. Goodpaster that a five-year-old Western North Carolina Conference plan that gave local churches leeway in choosing which conference and general church funding requests to pay is in violation of ¶247.14 of the Book of Discipline.

Quoting the Discipline, the Council noted that payment in full of “apportioned” items is “the first benevolent responsibility of the church” (Decision 1121).

In a matter arising from the Eastern Pennsylvania Conference, the Judicial Council agreed that a retired elder is allowed serve as chair of a local church Finance Committee (Decision 1126).

In a case from the California-Nevada Conference, the Judicial Council upheld Bishop Warner H. Brown’s ruling that an annual conference is allowed to set the retirement-pay rate for retired clergy as long as it does not reduce compensation. The case stemmed from a conference decision to forestall an “automatic” 2 percent annual increase for retired pastors (Decision 1141).

∞

Below is a United Methodist News Service summary of several additional rulings.

The Judicial Council:

  • Ruled the secretary of the General Conference has the authority to determine the number of delegates that each annual and missionary conference will elect to the General Conference within the provisions of the Constitution and the legislative enactments of the General Conference.
  • Affirmed the ruling of Bishop Jonathan Keaton that a request for a decision of law in the Detroit Annual Conference regarding identifying local church membership in the Reconciling Ministries Network was “moot, hypothetical and improper.”
  • Found that the Louisiana Annual Conference did not violate the Discipline by establishing clergy compensation before knowing the cost of health insurance premiums because such a cost is a benefit, not compensation.
  • Upheld a decision by Bishop Mary Ann Swenson regarding implementation of the California-Pacific Conference’s Annual Conference’s Clergy Benefit Charge to cover the costs of the health premiums for retired and incapacitated clergy.

∞

The nine-member Judicial Council met last week in Durham, North Carolina. Current members and alternates are listed in this post.

Members of the Council are elected by the United Methodist General Conference.


Related posts
• UM Judicial Council to rule on sexuality resolution, apportionments
• Sexuality resolution not at variance with Discipline, bishop rules
• In Mississippi Conference, testimony from lesbian couple stirs controversy
• Bill Bouknight: The good news from General Conference ‘08
• Joe Whittemore: ‘Enough is enough’
• UM Judicial Council says no to same-sex marriage
• Maxie Dunnam, Eddie Fox release videos on proposed amendments

Related articles and information
• Archive of rulings by the United Methodist Judicial Council | UMC.org
• Despite strong pressure to approve same-sex pairings, UMC has held firm: homosexual activity is ‘incompatible with Christian teaching’ | Linda Bloom, United Methodist News Service (Nov. 4, 2009)
• Judicial Council voids sexuality statement | Linda Bloom, United Methodist News Service (Nov. 2, 2009)
• Top court rules on financial, clergy issues | Linda Bloom, United Methodist News Service (Nov. 2, 2009)
• United Methodists uphold homosexuality stance | United Methodist News Service; Good News Information Service, Good News magazine (May/June 2008)
• Slavery, homosexuality, and not being of one mind | Riley B. Case, via The Sundry Times (July 1, 2008)
• D.C. Foundry church will honor same-sex unions | Robin Russell, United Methodist News Service (March 11, 2008)
• What the evidence really says about Scripture and homosexual practice: Five issues (PDF) | Robert A. J. Gagnon (March 2009)
• How churches can refine message on homosexuality | Robin Russell, United Methodist Reporter (May 19, 2008)
• Resources list: Ministry for and with homosexual persons (requested by the UMC’s 2004 General Conference (PDF) | United Methodist Publishing House
• Book: Staying the Course: Supporting the [United Methodist] Church’s Position on Homosexuality | Abingdon Press (2003)
• Homosexuality and the Great Commandment (an address to the Episcopal Diocese of Pittsburgh) | Peter C. Moore (November 2002)
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Posted in Bishops, Book of Discipline, General Conference, Judicial Council, Social Issues, United Methodist Church | Tagged UMC, United Methodist Church | 5 Comments

5 Responses

  1. on November 3, 2009 at 10:51 am Gary Zimmerli

    The Judicial Council did the right thing. Just because there has been, and still is, controversy about that particular issue, it does not negate the effectiveness of the church law as it is stated. It doesn’t need to even be mentioned that there is any controversy.


  2. on November 3, 2009 at 10:37 am Roger

    Hooray for the Judicial Council. Accountability is beginning to be made known in our Church afresh — we have been called to be accountable and practice accountability.

    I hope this decision will bring encouragement and hope to both Clergy and Laity that our polity does work and that our resolve to Godliness has been strengthened.


  3. on November 9, 2009 at 10:05 am Mark

    The line from the UM News Service story says it all:

    “Applying guiding principles from such previous decisions, the Judicial Council found that the Baltimore-Washington statement’s claim to communicate a ‘more authentic and truthful representation’ of the church implies the denomination’s position is less than authentic.”

    What this shows is unadulterated arrogance on the part of Bishop Schol and the Baltimore-Washington Conference. Thank God the Judicial Council saw through it and reached a reasonable verdict.


  4. on December 4, 2009 at 11:46 pm Ike Aichele

    I stand firmly in support of the Judicial Council for doing its job and ruling according to The Book of Discipline.


  5. on November 30, 2010 at 1:14 am Steve Kay

    The UMC — still tied to old ideas in the bible.

    I’m not condemning the UMC re: homosexuality. I’m just trying to say that I know so many absolutely great gay people (most of whom have been suicidal, or know someone who committed suicide or both). This country has about 3,000 gay children who commit suicide every year (per a psychologist friend) — an utter crime before God because religious condemnation, no matter how carefully it is couched, poisons our society.

    And my understanding — I could be wrong — is that the UMC is the combination of the southern and northern Methodist churches. The southern being similar to the utterly outrageous southern evangelicals who always have someone to hate — blacks in the past, and now gays.

    So the church finds itself in the middle, accepting gay people, but not gay behavior.

    Its time the UMC did what the UCC, MCC, most of the Episcopal church, Jewish reform and some conservatives, Evangelical Lutherans, and parts of the Presbyterian USA have done: Accept gay people as part of Gods creation and treat them identically with str8 people.

    And its not a “lifestyle choice” any more then str8 is a lifestyle choice. Every mainstream med group says that sexual orientation is a built in.

    So open your hearts to these people. Virtually all of W. Europe, much of Latin America, Canada, NZ, much of Australia, 3 countries in Eastern Europe, Israel, Republic of South Africa, etc. have done: Accept gay people as equal in the eyes of God. And if you don’t want to sanctify their marriages that is your business.

    But you should be pushing our society that gay people deserve equal legal rights of civil marriage, and trying to prevent the utter tragedy of a 9/11 every year of our gay children — in a poisoned irrational society that demonizes and pariahs them to suicide by the thousands every year.

    I’m going one of these days to go to one of the gay marriage ceremonies at one of the UMC churches in the DC area to show my support for gay people to be respected, and their commitment to each other to be recognized by society at large.


    Editor’s note: The United Methodist Church’s doctrinal statement on sexual relationships between persons of the same sex reads as follows:

      “The United Methodist Church does not condone the practice of homosexuality and considers this practice incompatible with Christian teaching. We affirm that God’s grace is available to all.” (¶161F, The Book of Discipline—2008).

    To learn more, see the MethodistThinker post, “Why the United Methodist Church Cannot Condone Homosexuality.”



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