May 26, 2003
by Alexa Smith

DENVER – The General Assembly Committee on Church Polity (CCP) voted 46-10 to recommend that the Assembly eliminate a provision in its standing rules on the enforcement of judicial commission orders, because it seems inconsistent with language in the PC(USA) constitution.

That was one of two items on the committees agenda having to do with clarifying the Assemblys role in cases in which Presbyterian individuals or congregations defy constitutional provisions.

The Advisory Committee on the Constitution (ACC) recommended the change to address what the committee on the Office of the General Assembly (COGA) called possible conflict between GA Standing Rule G.2.g. and the Rules of Discipline that assure compliance with Permanent Judicial Commission (PJC) orders.

The ACC said the language was problematic.

The second item, Overture 03-8, from Redstone Presbytery, asks the Assembly to help synods help presbyteries deal with churches that are unwilling or unable to comply with a constitutional clause (G-60106.b) that bars the ordination of sexually active gays and lesbians.

Catherine Cunningham, a spokeswoman for the Committee on the Office of the General Assembly (COGA) told the polity committee, The standing rules must be in conformity with the constitution, which supercedes it in all matters.

The standing rule came into question during last years 214th General Assembly, when some in the denomination accused a church in Northern New England Presbytery of failing to comply with a decision of the General Assembly PJC, the denominations top judicial body. They also wanted to force Stated Clerk Clifton Kirkpatrick to intervene an idea the Assembly rejected, saying that it would deny the congregation its due-process rights of presenting witnesses in its defense and responding to its accusers.

The rule in question reads: If the General Assembly deems such compliance inadequate, the Assembly may make such further order or orders as it deems necessary to ensure compliance, and may consult with the General Assembly Permanent Judicial Commission before issuing further orders.

The Rev. Mark Tammen, OGAs director of constitutional services, argued that, while the Assembly ruled on PJC decisions in the precursor denominations of the PC(USA), the current rules of discipline hold that the PJC has the final word in judicial matters.

The dilemma, he said, is that the PJC has no enforcement powers of its own, and the Assembly has only limited powers. The Assembly can require an administrative review of a synod or appoint an administrative commission.

The Redstone overture was drafted to remind synods of their responsibilities, said the Rev. James Tony, of Chicago Presbytery, an advocate of action to bring recalcitrant churches into line. Theres no question that Standing Rule G.2.g. is inadequate, he said.

Kirkpatrick has been besieged in the past year by demands from conservative groups that he intervene to enforce the constitution in presbyteries where sexually active gays and lesbians are alleged to have been ordained. Neal Lloyd, a member of the Advisory Committee on the Constitution, said the clerks only role is secretarial to report compliance, or its lack, to the Assembly, on the basis of a report presented to the clerks office by the governing body involved.

One member of the polity committee, Elder Larry Hriczak, of Monmouth Presbytery in New Jersey, suggested that the committee might consider leaving the standing rule in the book but amending it to provide for due process, so that the Assembly might retain some authority.

In the past, we had authority, he said. We used to be the court.

PCUSA News Service