How the new Authoritative Interpretation of G-6.0108 does not allow ordination of non-celibate gays and lesbians

How it is that the new Authoritative Interpretation of G-6.0108 does not allow ordination of non-celibate gays and lesbians

Written by Edward Koster
Tuesday, 08 July 2008 13:31

The initial reactions to the Authoritative Interpretation of G-6.0108 approved by the General Assembly in San Jose were dramatic. Some were rejoicing, others despairing, because they believed that the General Assembly, in approving the overture submitted by the John Knox Presbytery, had removed the impediment to the ordination of non-celibate gays and lesbians that had been declared by the General Assembly Permanent Judicial Commission in the case Bush v. Presbytery of Pittsburgh.

This new AI would overturn the Bush decision and bring immediate relief from the prohibition from ordaining non-celibate gays and lesbians by allowing governing bodies to declare the fidelity and chastity provision of G-6.0106b not essential to the Reformed faith and practice.
I include myself among those who initially interpreted it in that way. I concluded that because I was recalling the wording of the John Knox overture, which called for an Authoritative Interpretation that cancelled the GAPJC holding on Bush. Under our ordinary rules of authoritative interpretations, the most recent AI prevails, and the San Jose AI would effectively cancel the Birmingham AI. The General Assembly, however, did not cancel out the Birmingham AI: It affirmed it.

The Bush case was an appeal of the decision of Pittsburgh Presbytery to declare a set of standards that could not be waived. The Synod of the Trinity PJC held that a governing body could not do that, for each case must be considered individually. Then it went one step further: It declared that the fidelity and chastity provision of G-6.0106b could not be waived, and the General Assembly PJC affirmed.

The effect of Bush was to shut down any hope that the Birmingham AI would allow an ordaining body to ordain a candidate who declared he or she will not comply with the fidelity and chastity provision of G-6.0106b. It did so by declaring that this “standard” of ordination was excluded from the historic principle that governing bodies have sole discretion in determining whether candidates hold to the essentials of reformed faith and practice. This is distinct from the principle that a governing body may not itself violate the Constitution.

The paradox of the Bush case was that on the one hand a presbytery could not declare a set of non-waivable standards, while at the same time it declared a non-waivable standard. This contradiction gave persuasive weight to the John Knox overture.

But when the GA amended the John Knox overture to affirm the Birmingham AI, it kept the requirement that a judicial commission may not allow an ordaining body to violate the Constitution. If a governing body ordains or installs a person who refuses to comply with something the Confessions call sin, it would be in violation of G-6.0106b.

The San Jose AI leaves us in a rather complex position constitutionally, for we now have two authoritative interpretations of the same provision of the Book of Order. The Birmingham AI requires that a presbytery or session comply with the Constitution when it ordains, while the intent of the San Jose AI is to allow ordination and installation of those who declare they will not comply with provisions of G-6.0106b.

We are in a pickle.

Believe it or not, it is common for laws and rules to be in conflict. Every lawyer knows this and regularly applies rules of “statutory interpretation.” There are no such rules in the Book of Order, but there are in Robert’s Rules of Order, which the Book of Order requires us to follow. When there are two rules, one specific and one general, the specific rule takes priority: “A general statement or rule is always of less authority than a specific statement or rule and yields to it.” Robert's Rules of Order Newly Revised [RONR] (1990, 10th ed.), p. 571. The San Jose AI declares a general principle; the Birmingham AI declares a specific rule. Under this principle of interpretation, the Birmingham AI would take priority when it comes to the matter of compliance with G-6.0106b.

Moreover, when there are two interpretations of a rule, one of which renders an absurd outcome, that one must yield: When a provision of the bylaws is susceptible to two meanings, one of which conflicts with or renders absurd another bylaw provision, and the other meaning does not, the latter must be taken as the true meaning. RONR (1990, 10th ed.), p. 570. If the San Jose AI is found to take precedence over the Birmingham AI, then it would appear a presbytery could allow any departure from our confessional standards. For example, there would be no way to prohibit a governing body from ordaining someone refusing to repent of adultery or fornication. This is an absurd outcome that no one accepts as appropriate. Therefore the San Jose AI must yield to the Birmingham AI when G-6.0106b is at issue.

It appears that we are in the same place we were when the General Assembly adjourned in 2006. According to what the GA approved there in Birmingham, whether a governing body has complied with the Constitution and has considered the matter reasonably, responsibly, prayerfully, and deliberately is to be determined by judicial process. That culminated in the decision in Bush v. Presbytery of Pittsburgh, which the San Jose AI overturned. Because the Birmingham AI has been affirmed and retained, a PJC this time will need to decide whether the General Assembly has the power to authorize a violation of the Constitution.

ED KOSTER is the stated clerk of Detroit Presbytery (Mich.)

PC(USA) - Presbyterian News Service - Good evangelism means heavy lifting and faith sharing

PC(USA) - Presbyterian News Service - Good evangelism means heavy lifting and faith sharing

"Fidelity and Chastity" Ordination Standards Upheld in Recent Rulings by Highest PCUSA Court Applying Authoritative Interpretation Approved by GA 2006

FYI – The PCUSA ordination standards have been reaffirmed by recent rulings as decided upon by the highest court of the denomination (akin to the U.S. Supreme Court). The General Assembly Permanent Judicial Commission (GAPJC) of the Presbyterian Church (USA) has ruled that “Fidelity and Chastity” remains binding with respect to what is now regarded as the established proper application of the Authoritative Interpretation that was amended and approved by the 2006 General Assembly.


From: PFR [mailto:pfroffice@pfrenewal.org]
Sent: Thursday, February 14, 2008 1:27 AM
Subject: Breaking News from Presbyterians For Renewal



BREAKING NEWS FROM
presbyterians for renewal


February 14, 2008
PC(USA) High Court Rules "Fidelity and Chastity" Standard Remains Binding

Tuesday February 12 the PC(USA)'s highest court issued a landmark decision that has direct bearing on the intense debate over ordination standards in the PC(USA).

For the last twenty months, a confusing debate has raged on the meaning of a new "authoritative interpretation" (AI) of the constitution passed by the 2006 General Assembly. Indeed congregations have left the PC(USA) in recent months, citing this new AI as a primary cause. The new AI appeared as though it would allow sessions and presbyteries to ordain candidates who were in open violation of our denomination's constitutional standards for ordination, including the biblical "Fidelity and Chastity" standard. In addition, just last month two presbyteries cited this new AI as justification for their decisions to allow open departures from the "Fidelity and Chastity" standard.

However, in three decisions issued yesterday, the General Assembly Permanent Judicial Commission (GAPJC) has ruled that no ordaining body (session or presbytery) has the right to ordain a candidate who is in violation of constitutional standards, including the "Fidelity and Chastity" standard expressed in the Book of Order (G-6.0106b). With these new GAPJC rulings, we can now rest assured that our standards for ordination in the PC(USA) continue to reflect the clear teaching of Scripture and the plain meaning of our constitution.
Click here to read the rest ot this article on GA2008.com where you can also offer your comments on this issue.



presbyterians for renewal
Mobilizing leaders of congregations within the Presbyterian Church (U.S.A.)
to be biblically faithful and missionally minded
in their service to Jesus Christ

For information on the ministry that is PFR
visit http://rs6.net/tn.jsp?e=001SbrvdaYU6osXXf7D1sMgNScUKmLh6DTcYVZZHF08WumSSOe8hB7MH79H5P6l6S7zaH82EeZfFZCoDCVHGBBK6su_CmLq7DJdxd1Zfuoraq-prwNWi7Eo7w==

For news and commentary on issues coming to the 218th General Assembly,
visit http://rs6.net/tn.jsp?e=001SbrvdaYU6ov_HOJzJ9E7KiU7fQNga3ovPuyZ7wH1zjmHJopKeyP925D0UEEUUVHTliHDHzQykKFD4EThjcvjan0mHGeoY-FhENBjlD9aV9BXLffoQ8dcgA==

Paul Detterman, Executive Director
James Harper, President
Phil Moran, Chairman of the Issues Ministry Team

Presbyterians For Renewal
8134 New LaGrange Rd
Suite 227
Louisville KY 40222

Fan the Flame

Pastoral Perspective -- In the Cold Winter Snow & Ice
17 January 2008


Burnin’ Love, Warmin’ Up Again
SPECIAL POINTS OF INTEREST:
· Love on the line
· Runnin’ out of time
· Longer, stronger
· Care about, don’t doubt
· Know today, hug and pray
· Celebrate each other
in love
· Comin’ down, still around
INSIDE THIS ISSUE:
In Paradise
Cold as ice
Go out
Find a flame
Warm it up again
Fan into flame
The Gift of
God in you


Find and Fan the Flame

Recently, in the cold mid-winter snow and ice, as I was driving from pastoral visit to hospital visits and going from prayer meeting to pastoral meetings, I took some time to listen to some mp3 files of a few old songs from back in the late 1980’s and early 1990’s. One in particular tugged at my heart as it reminded me of the verse in the apostle Paul’s second letter to Timothy that, translated in the NIV, contains the phrase “fan into flame.”

The refrain from the song sung by one of my favorite recording artists, Al Jarreau in the track entitled “Trouble in Paradise” kept reverberating in my soul:

When it looks like trouble in paradise, and you’re burnin’ love that’s cold as ice… Go out and find the flame so you can warm it up again.

The Lord was impressing upon me in that moment of listening in the Spirit singing through the song with the gifted voice of talent in one such as Al Jarreau

For this reason I remind you to fan into flame the gift of God which is in you…
—2 Timothy 1:6a

something that had already been resonating more and more in my soul of late.

• 
  
  I continue to have a deep desire and need for intimate times of communion with the Lord, hungering and thirsting after God in my personal devotions.


• 
  
  I so long to live increasingly into the love of the Lord among God’s people here in our fellowship of faith at First Presbyterian Church in New Castle, Indiana.


• 
  
  I yearn to experience the greater depths of love and grace in God’s gift of a soul mate to and for me in my spouse.


• 
  
  I anticipate with joy and excitement (and trepidation) the blossoming of our children into the blessings God intends them to be for the blessing of others in the world.

These are a few foundational desires of my heart that resound in song through the depths of my being, soul, and spirit. The Psalmist David’s words come to mind… Delight yourself in the Lord and He will give you the desires of your heart. Beloved, give your heart’s desires over to God Who delights in us as His children. When it looks like “trouble in paradise”, fan into flame the gift of God in you and warm up your love again! P. Rex

Of the Gift of God in you

TROUBLE IN PARADISE
(Al Jarreau)

When it appears
your love is finally on the line
And you can't hold it back much longer
And when it seems as though
you're runnin' out of time
That's the time you should be stronger
Well, if you care about her
Don't you ever doubt her love
Would you turn around and
throw it all away?
Just let her know today

That it looks like trouble in paradise
And you're burnin' love that's cold as ice
Go out and find a flame
So you can warm it up again
When it looks like trouble in paradise
And you're burnin' love that's cold as ice
Go out and find a flame
So you can warm it up again…

May you always have
somebody to depend on
And may your days be celebrations
And may there always be
an angel on your shoulder
To help the awkward situations
And if you love each other
You'll never need another love
When the whole wide world has
finally got you down,
She'll still be around

When it looks like trouble in paradise
When you're burnin' love that's cold as ice
Go out and find a flame
So you can warm it up again
When it looks like trouble in paradise
And you're burnin' love that's cold as ice
Go out and find the flame
So you can warm it up again...

The Advent of Time for Self-Examination: Abiding in God's Renewing Presence through the Now and the Not Yet

The season of Advent gives us pause for reflection in preparation to wait on the Lord in the presence of the Holy Spirit among us....

December 14 — When early Christianity spoke of the return of the Lord Jesus, they thought of a great day of judgment. Even though this thought may appear to us to be so unlike Christmas, it is original Christianity and to be taken extremely seriously. When we hear Jesus knocking, our conscience first of all pricks us: Are we rightly prepared? Is our heart capable of becoming God’s dwelling place? Thus Advent becomes a time of self-examination. — Dietrich Bonhoeffer

http://www.pcusa.org/pastorselders/dailyquote.htm#december14

For Such A Time As This.... Why Stay in the PC(USA)? -- PFR Article Two: Is There a Witness in the Church? [excerpt(s)/ed]

[It] is important for us to realize at this moment in our history.... among members [in] the Presbyterian Church (USA) there has never been a better time to be a true evangelical—a bearer of the Great News of the gospel.

The Presbyterian Church (USA) is not a lost cause. It is not a fraternity of faithless people or a hotbed of heresy. It is merely a reflection of our own spiritual neediness and our own Great Commission complacency.

...the Acts of the Apostles, and the dynamic witness of the contemporary Church throughout the developing world should remind us that the power of the Holy Spirit, unleashed in lives obedient to Christ, can redeem cities, and nations, and even denominations without breaking a sweat.

Read more... "Why Stay?" Article Two: "Is There a Witness in the Church?"

Written by Paul Detterman

Friday, 15 June 2007

Toward accurate interpretation of the PCUSA's positions, central convictions

FYI - In the interest of providing material(s) toward assisting those seeking to interpret accurately particular positions from central convictions of the Presbyterian Church (U.S.A.) in matters of faith and life, the Office of Theology and Worship has made the following resource available.

The Church’s One Foundation is Jesus Christ Her Lord

Prepared by the Office of Theology and Worship, General Assembly Council

The New Wineskins Association of Churches has raised significant questions about the faith and mission of the church that every Presbyterian should take seriously. NWAC has presented its case in "A Time for Every Purpose Under Heaven: Report of the Strategy Team of the New Wineskins Association of Churches." Unfortunately, in advancing their case New Wineskins has presented the positions of the PC(USA) inaccurately. As they consider the analysis of NWAC, all Presbyterians deserve to know the defined positions of the Presbyterian Church (U.S.A.). Download this report.

http://www.pcusa.org/theologyandworship

http://www.pcusa.org/mgbconnect/pubs/wineskins-letter-brief.pdf