A few days ago I wrote about the case before the United Methodist Judicial Council about bishop Karen Oliveto, who is in a same-sex marriage. On Friday the JC issued its ruling.
It isn’t good.
The ruling says that consecrating a lesbian bishop violated church law and those who did the consecrating were in violation of their “commitment to abide by and uphold the church’s definition of marriage and stance on homosexuality.”
As part of its ruling the JC rejected arguments made by Richard Marsh, the counsel for Oliveto. He had argued that a marriage license does not imply a “practicing” homosexual, which is defined as genital sex. The JC blasted that argument. A marriage license does indeed mean “practicing.”
For the moment Oliveto remains “in good standing.” The ruling does not automatically remove her as bishop or force her into retirement.
From what I have figured out, this ruling means it is appropriate and legal to have a complaint filed against Oliveto. If nobody in the Western Jurisdiction does, the president or secretary of the WJ college of bishops must. The complaint would be that she violated denomination law, with the possibility of facing a church trial.
But, lately, bishops have been reluctant to hold trials, even reluctant to hand out punishment for violating church laws on homosexuality.
So the WJ faces a dilemma. The JC has clearly said that a lesbian bishop is Not Good. A lesbian bishop is also pretty high profile. It is one thing to get a complaint about a local gay pastor and the local bishop saying, “We’ve analyzed the evidence and concluded there need not be any trial, removal, or punishment.” It is quite another to say that about a lesbian bishop.
Even so, Rob Renfroe, president of Good News, an organization pushing the denomination in a conservative direction, said, “We don’t have any hope — because of its past track record — that the Western Jurisdiction College of Bishops will address this either swiftly or with integrity.”
Both sides agree that the ruling shows the denomination is broken and that the work of the Commission on a Way Forward becomes all the more important. This commission is searching for a way to keep the denomination together. Their eventual plan is to be voted on in February 2019.
Another part of the ruling is that it is appropriate and legal to file a complaint against the bishops who performed the consecration service for Oliveto. Apparently, they should have known better and rejected Oliveto. I think it also means the Jurisdiction delegates who voted for her are not to be charged. But will these bishops be charged? All of them? The jurisdiction president?
I found the full text of the JC ruling here. In it I learned that being in a same-sex marriage while being a bishop is not considered immoral. However, by church law, it is illegal. This strikes down the argument that the immorality makes it illegal. It is illegal because the Book of Discipline says it is illegal.
In other cases heard last week two are important to us. First, regions in New York and Illinois had adopted policies saying they would not ask if a candidate to be a pastor was lesbian or gay and would ignore such declarations from the candidates. The ruling from the JC is that those who evaluate candidates must to a “thorough” job. It seems not discovering if a candidate is lesbian or gay means the evaluation wasn’t thorough.
In the second case the Northeastern Jurisdiction passed a resolution calling for its college of bishops to “Stop the Trials,” to no longer hold church trials for pastors accused of being gay or lesbian or accused of officiating at same-sex weddings. But the JC said a jurisdiction cannot pass a resolutions that “encourage a violation of church law or discourage the enforcement of church law.”
Sunday, April 30, 2017
Wednesday, April 26, 2017
Judicial Council considers challenge to lesbian bishop
Karen Oliveto is a pastor in the United Methodist Church and, in seeming conflict with the denomination’s lawbook the Book of Discipline, is married to a woman. United Methodists in San Francisco and in much of the Western Jurisdiction (WJ, the region essentially Colorado and west) don’t worry about such things. So, last summer Oliveto was elected to be a bishop. She was assigned to be the guiding leadership of the churches in Colorado, Montana, Utah, Wyoming, and a bit of Idaho.
Given that the United Methodist Church could not agree on what to do with LGBT people and disagreed so thoroughly they almost blew up last spring’s legislative General Conference it was expected that Oliveto’s election as bishop would be challenged. And it was, by Dixie Brewster, a delegate to the South Central Jurisdiction (SJC, New Mexico to Arkansas, Nebraska to Texas). The SJC approved Brewster’s petition.
Brewster’s petition is now before the Judicial Council (JC), the equivalent of the denomination’s supreme court. Brewster claims that in making Oliveto a bishop the WJ’s actions “negate, ignore, and violate” provisions of the Book of Discipline.
Oral arguments were heard yesterday. The JC may not issue its ruling until the end of its session at the end of the week.
This isn’t the only LGBT issue before the JC. Two petitions, from New York and northern Illinois, ask whether the boards that approve candidates to be pastors are required to ask those candidates if they are a “self-avowed practicing homosexual,” which would disqualify the candidate from being a pastor in the denomination. Several regions are defying the Book of Discipline and its ban on lesbian and gay pastors by refusing to ask this question.
The rest of this post is about the Oliveto case and is going to get technical, summarizing the arguments of both sides. This may mean little to those outside the denomination. Most members, those sitting in the pews, won’t care either, though many will care whether a lesbian bishop is affirmed or thrown out and what that says about the prospect of the denomination as a whole, whether or not it will be split over the issue. Meaning they won’t care until their local church is affected.
So, if you’re still reading, into the weeds we tread.
The legal brief for Brewster were written by Rev. Keith Boyette, a conservative who has previously called for denomination schism. The WJ brief was presented by Richard Marsh. Links to the original briefs are in a sidebar to a news article from the United Methodist News Service. I read Marsh’s oral arguments on the blog Hacking Christianity.
Boyette says the JC has jurisdiction to hear the case because the Book of Discipline says the JC can rule over any matter within it or on any matter from the General Conference.
Marsh disagrees. He goes back to when the denomination was reformed in 1939 after being split by slavery. The union documents divide up the country into jurisdictions (such as Western, and South Central) and bishops are to be elected by jurisdictions. This prevents delegates from the North from electing all bishops and imposing their views on Southern congregations. That system is still in place. No one, including the General Conference and the JC, can pass laws or challenge who a jurisdiction elects as bishop.
Boyette says that a jurisdiction cannot violate the Book of Discipline and its rules saying a “self-avowed practicing homosexual” cannot be a pastor (only pastors can be promoted to bishop). A marriage certificate is a public record of being both self-avowed and practicing.
Marsh says the Book of Discipline was not violated. Oliveto is a pastor in good standing. The standard for “practicing” is genital sex. Marriage does not equate to genital sex. Marriages can exist without it.
A few years ago a lesbian pastor in Wisconsin was put on trial for being “practicing” as well as officiating at a same-sex wedding. The “practicing” part of the charges had to be dropped because she refused to answer the question of whether she had genital sex with her partner. That’s personal, she said. You don’t ask straight pastors that question.
Boyette does not ask about genital sex, saying that a marriage certificate is proof of it.
Boyette says the Book of Discipline supports heterosexual marriage and thus outlaws same-sex marriage.
Marsh agrees straight marriage is indeed blessed. But the wording is such that same-sex marriage is not outlawed. In addition, the Book of Discipline calls the denomination to support equal rights regardless of sexual orientation and the American legal system has declared that marriage is one of those rights. Furthermore, while officiating at a same-sex wedding is listed as a chargeable offense, being in a same-sex marriage is not.
Finally, all this is playing out while a Commission on a Way Forward tries to figure out whether the denomination can be kept together and how to make that happen. Boyette argues that violations of the Book of Discipline should not be put on hold while we wait for the Commission to do its work. Marsh notes that one solution is for a looser denomination, where each region or perhaps each congregation decides for itself how to treat LGBT people. Marsh says the JC should not make the Commission’s work harder by creating new standards for who can be a bishop or by expanding the definition of “practicing.”
The case is now in the hands of the JC.
Given that the United Methodist Church could not agree on what to do with LGBT people and disagreed so thoroughly they almost blew up last spring’s legislative General Conference it was expected that Oliveto’s election as bishop would be challenged. And it was, by Dixie Brewster, a delegate to the South Central Jurisdiction (SJC, New Mexico to Arkansas, Nebraska to Texas). The SJC approved Brewster’s petition.
Brewster’s petition is now before the Judicial Council (JC), the equivalent of the denomination’s supreme court. Brewster claims that in making Oliveto a bishop the WJ’s actions “negate, ignore, and violate” provisions of the Book of Discipline.
Oral arguments were heard yesterday. The JC may not issue its ruling until the end of its session at the end of the week.
This isn’t the only LGBT issue before the JC. Two petitions, from New York and northern Illinois, ask whether the boards that approve candidates to be pastors are required to ask those candidates if they are a “self-avowed practicing homosexual,” which would disqualify the candidate from being a pastor in the denomination. Several regions are defying the Book of Discipline and its ban on lesbian and gay pastors by refusing to ask this question.
The rest of this post is about the Oliveto case and is going to get technical, summarizing the arguments of both sides. This may mean little to those outside the denomination. Most members, those sitting in the pews, won’t care either, though many will care whether a lesbian bishop is affirmed or thrown out and what that says about the prospect of the denomination as a whole, whether or not it will be split over the issue. Meaning they won’t care until their local church is affected.
So, if you’re still reading, into the weeds we tread.
The legal brief for Brewster were written by Rev. Keith Boyette, a conservative who has previously called for denomination schism. The WJ brief was presented by Richard Marsh. Links to the original briefs are in a sidebar to a news article from the United Methodist News Service. I read Marsh’s oral arguments on the blog Hacking Christianity.
Boyette says the JC has jurisdiction to hear the case because the Book of Discipline says the JC can rule over any matter within it or on any matter from the General Conference.
Marsh disagrees. He goes back to when the denomination was reformed in 1939 after being split by slavery. The union documents divide up the country into jurisdictions (such as Western, and South Central) and bishops are to be elected by jurisdictions. This prevents delegates from the North from electing all bishops and imposing their views on Southern congregations. That system is still in place. No one, including the General Conference and the JC, can pass laws or challenge who a jurisdiction elects as bishop.
Boyette says that a jurisdiction cannot violate the Book of Discipline and its rules saying a “self-avowed practicing homosexual” cannot be a pastor (only pastors can be promoted to bishop). A marriage certificate is a public record of being both self-avowed and practicing.
Marsh says the Book of Discipline was not violated. Oliveto is a pastor in good standing. The standard for “practicing” is genital sex. Marriage does not equate to genital sex. Marriages can exist without it.
A few years ago a lesbian pastor in Wisconsin was put on trial for being “practicing” as well as officiating at a same-sex wedding. The “practicing” part of the charges had to be dropped because she refused to answer the question of whether she had genital sex with her partner. That’s personal, she said. You don’t ask straight pastors that question.
Boyette does not ask about genital sex, saying that a marriage certificate is proof of it.
Boyette says the Book of Discipline supports heterosexual marriage and thus outlaws same-sex marriage.
Marsh agrees straight marriage is indeed blessed. But the wording is such that same-sex marriage is not outlawed. In addition, the Book of Discipline calls the denomination to support equal rights regardless of sexual orientation and the American legal system has declared that marriage is one of those rights. Furthermore, while officiating at a same-sex wedding is listed as a chargeable offense, being in a same-sex marriage is not.
Finally, all this is playing out while a Commission on a Way Forward tries to figure out whether the denomination can be kept together and how to make that happen. Boyette argues that violations of the Book of Discipline should not be put on hold while we wait for the Commission to do its work. Marsh notes that one solution is for a looser denomination, where each region or perhaps each congregation decides for itself how to treat LGBT people. Marsh says the JC should not make the Commission’s work harder by creating new standards for who can be a bishop or by expanding the definition of “practicing.”
The case is now in the hands of the JC.
Thursday, April 20, 2017
Ruth Ellis Center Fundraiser, May 7
The Ruth Ellis Center is a social services agency with a mission “to provide short-term and long-term residential safe space and support services for runaway, homeless, and at-risk lesbian, gay, bi-attractional, transgender and questioning (LGBTQ) youth.” As LGBTQ youth continue to be disproportionately affected by homelessness, the Ruth Ellis Center remains dedicated to ensuring that these vulnerable youth and young adults receive the services and inherent protections available to all citizens. No youth is turned away or denied services. Ruth Ellis Center, founded in 1999, is a 501(c)3 nonprofit organization.
You’re invited to a fundraiser for the Ruth Ellis Center on Sunday, May 7 at 7:00 pm in the Chapel at Nardin Park United Methodist Church in Farmington Hills. Jerry Peterson, Executive Director of Ruth Ellis Center, will speak about the diverse programs offered to young people and the newer programs for their families. Desserts will be served following the presentation. There will be giving envelopes so you can write your check that evening or send it in later.
Nardin Park UMC is at 29887 W. 11 Mile Road in Farmington Hills. Note: Construction completely blocks 11 Mile east of Orchard Lake Road. Approaching from Middlebelt Road, the sign on the barricade declares “Road Open to Nardin Park Church.” Park near the southwest corner, by the rainbow balloons. Call the church office with questions, 248-476-8860, 8:30-4:30 M-F.
You’re invited to a fundraiser for the Ruth Ellis Center on Sunday, May 7 at 7:00 pm in the Chapel at Nardin Park United Methodist Church in Farmington Hills. Jerry Peterson, Executive Director of Ruth Ellis Center, will speak about the diverse programs offered to young people and the newer programs for their families. Desserts will be served following the presentation. There will be giving envelopes so you can write your check that evening or send it in later.
Nardin Park UMC is at 29887 W. 11 Mile Road in Farmington Hills. Note: Construction completely blocks 11 Mile east of Orchard Lake Road. Approaching from Middlebelt Road, the sign on the barricade declares “Road Open to Nardin Park Church.” Park near the southwest corner, by the rainbow balloons. Call the church office with questions, 248-476-8860, 8:30-4:30 M-F.
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