August 15, 2007
by Evan Silverstein

LOUISVILLE – The Rev. Jane Adams Spahr, who was acquitted last year on charges that she violated the Presbyterian Church (U.S.A.)'s constitutional ban on performing same-sex marriages, is headed back to church court on Friday (Aug. 17).

The judicial proceeding comes after Redwoods Presbytery appealed the March 3, 2006, acquittal of Spahr by its Permanent Judicial Commission (PJC), which determined Spahr acted within her rights as an ordained minister when she married two lesbian couples in 2004 and 2005.

The PC(USA) Book of Order defines marriage as between a man and a woman, and church courts have ruled that Presbyterian ministers may not utilize the marriage liturgy in same-sex ceremonies.

But since the section of the PC(USA)'s constitution that reserves marriage for a man and a woman "is a definition, not a directive," Spahr "was acting within her right of conscience in performing marriage ceremonies for same-sex couples," the presbytery tribunal of ministers and elders said in a written ruling.

The Synod of the Pacific will hear the presbytery's appeal of that ruling Aug. 17 during court proceedings scheduled for 9:30 a.m. (Pacific time) at the Mercy Center in Burlingame, CA, a Catholic retreat facility located near San Francisco International Airport.

Spahr, a resident of San Rafael, CA, who turned 65 years old on Aug. 12, said she was hopeful her acquittal would be upheld.

"I'm hopeful that the same kind of consideration that was done by the presbytery judicial commission will be done with the same kind of careful process which is [the Presbyterian] way," said Spahr, who is set to retire from ministry at the end of this month.

Spahr, a long-time lesbian activist, is the founding-minister director of That All May Freely Serve (TAMFS), which works for the full inclusion of lesbian, gay, bisexual and transgendered (LGBT) Presbyterians in the life of the church, including their ordination as officers.

In anticipation of her retirement, the national board of TAMFS has named Lisa Larges to the position of minister-coordinator.

Despite her upcoming retirement, Spahr faces sanctions ranging from a reprimand to removal from ministry. Observers say the case seems likely to be headed to the General Assembly PJC, the highest court in the PC(USA). Sara Taylor, one of Spahr's two defense attorneys, said her client would appeal any punishment – even a rebuke, the mildest form of censure.

" ... any reprimand says that people in this church are not equal and it's OK for this church to deprive certain members of sacred rights," Taylor said. "Were [Spahr] to appeal anything it won't be because it impacts her, because she will be essentially no longer on an active basis with the church. Any appeal would be if there's a denial of rights and inclusion for other people."

The charges against Spahr stem from an inquiry by the Rev. James Berkley, a member of Seattle Presbytery.

When asked for a comment about the upcoming court proceedings, the Rev. Robert Conover, stated clerk of Redwoods Presbytery, said, "My sense is that our presbytery more or less reflects the denomination as a whole in that we're relatively evenly divided in our perspective. A significant portion of the presbytery is very supportive of Janie and her actions and a significant portion of the presbytery is not. So regardless of how the case is ruled on, at whatever level, there will be those who are disappointed."

PCUSA News Service