Judicial Council to decide issues of homosexuality, process
7/18/2001 By United Methodist News Service The United Methodist Church's policies regarding the practice of homosexuality will be at issue in at least two of the 11 cases on the docket of the denomination's highest court when it meets Oct. 24-27 in Nashville, Tenn.
Many of the cases facing the nine-member Judicial Council came out of recent annual (regional) conference meetings. Several relate to questions and regulations on clergy leave of absence and fair process procedures; others deal with conference structure.
The Pacific Northwest Annual (regional) Conference has asked the three women and six men of the council to decide how to handle two provisions of church law that the conference says are contradictory. According to the denomination's Book of Discipline, ordained clergy in good standing must be appointed to a church, but during the Pacific Northwest's annual meeting, two clergy members were denied such appointments because they had revealed that they are practicing homosexuals, while a third pastor was continued on disability leave. The book also prohibits appointing homosexual pastors to lead congregations.
The Judicial Council will consider a decision of law by Bishop Elias Galvan, who leads the Pacific Northwest Conference. Galvan's decision concerns an annual conference resolution seeking a special called session of the Western Jurisdiction to clarify and implement a stand on homosexuality and the church. Whenever a bishop makes a decision of law during an annual conference session, the decision is automatically submitted to the Judicial Council for review.
Meeting in June, members of the Desert Southwest Conference affirmed by a 191-137 vote the "We Shall Not Be Silent" statement, adopted by the church's Western Jurisdiction in July 2000. The resolution declares the jurisdiction's intent to work for full participation of sexual minorities in the life of the church.
When the Desert Southwest session vote was announced, Bishop William W. Dew Jr., who was presiding, was asked if the action was in accord with the Book of Discipline. He announced that it is. The church court will review his decision of law.
The court also will review a decision of law in the South Carolina Conference regarding a clergy member placed on involuntary leave of absence during a judicial process, and another decision of law in the Illinois Great Rivers Conference regarding the termination of leave for a clergy member.
The California-Pacific Conference has asked for two declaratory decisions. One question from the conference relates to the role of the administrative review committee in the administrative or judicial process for clergy. The other question seeks a ruling on the appropriateness of a cabinet member participating in the administrative processes of the conference board of ordained ministry.
Western North Carolina has asked for a declaratory decision on the constitutionality of the requirement that membership in the annual conference include the conference director of lay speaking ministries, a young person between the ages of 12 and 17, and another young person between 18 and 30.
North Georgia has asked the council to decide if the provisions of its new insurance plan are in accordance with the Book of Discipline.
West Virginia has submitted a plan for restructuring its conference. The plan was approved at the 2001 conference session.
The Holston Annual Conference has resubmitted a structure plan as required by the council's Decision 835 in October 1998 and subsequent decisions.
Anyone may submit a written opinion or brief on any of the docket items. The council's Web site, with a list of the court's procedures and practices, offers guidance in the process. The address is http://umc.org/churchlibrary/judicial/procedure.htm on the World Wide Web.
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