Methodist Federation for Social Action Responds to Judicial Coucil Decision re Decision #1032

May 2, 2006 -- The five-member conservative majority of the Judicial Council of the United Methodist Church has once again signaled that it intends to move the denomination in a direction far from the Wesleyan understanding of grace, and tradition of openness, that the vast majority of United Methodists cherish.

By denying reconsideration of their ruling, that a pastor in Virginia was rightly exercising his “discretion” in denying church membership to a gay man in his congregation, the Judicial Council majority has far exceeded its authority.

Click here to link to the original decision.

Click here to read today's decision not to reconsider.

In written dissents, Susan Henry-Crowe, Shamwange Kyungu, Jon Gray and Beth Capen eloquently make the case for why Decision #1032 is deeply flawed and must be reversed.

Among the theological reasons they give are:

  • that through the Sacrament of Baptism, the gift that is offered is full participation in the life of the Church;
  • it is not the vocation of the pastor to determine who is eligible for life in the church; and
  • it is Christ, not the pastor, who invites us to the Table.

They write: “The vocation of ministry is a gift given by Christ and entrusted by the Church. This vocation cannot be a vocation of denial but rather a vocation of extending God’s love and looking for evidences of the work of the Holy Spirit.”

Among the legal reasons for reversal they articulate are:

  • in Decision #1032 the Judicial Council has created new law--the Discipline is silent on the issue of "responsible pastoral judgment,"and
  • the Judicial Council majority has assumed and usurped powers specifically reserved to the General Conference.

They state unequivocally that Decision #1032 “is a blatant and unprecedented usurpation of legislative authority…(that) needs to be resolved by the General Conference at its next session.”

The five members who voted to deny appeals to reconsider Decision #1032 are participating in the worst kind of judicial activism and must be stopped. Fortunately, members of the Judicial Council are not elected for life. They are elected for eight-year terms, however, and can serve for two terms (16 years) before they must take a hiatus.

The three officers of the Judicial Council who have provided leadership in taking the council in this dangerous direction, James Holsinger, Jr., Mary Daffin, and Keith Boyette are completing their first eight-year term. Likewise Rudolpho Beltran, who voted with the majority in this case, is finishing eight years on the council.

It is essential that these persons who have participated in such blatant disregard for United Methodist law and tradition be removed from the Judicial Council in 2008. Even if General Conference reverses the decision, which it most certainly will, it is dangerous to leave judicial power in the hands of these persons. The other member voting in the majority, Dennis Blackwell, will be up for reelection in 2012.

TAKE ACTION:

1. Support Annual Conference Legislation

Legislation has been introduced in many annual conferences this year calling for the Disciplinary language to be changed so that there can be no doubt that a pastor does not have “discretion” to deny membership to those who have indicated a readiness and willingness to take the vows of membership. Organize and make sure that this legislation is passed in your Annual Conference. Email mfsa@mfsaweb.org to receive sample legislation.

Additionally, legislation has been introduced in many annual conferences calling for all discriminatory language to be removed from the Discipline. It is not a coincidence that the first time the question of a pastor’s discretion in denying membership has become an issue, it is in the case of a gay man. The groundwork for this decision has slowly and surely been put in place over the last several decades. The ruling of the Judicial Council provides an opportunity to illustrate to people what happens when we begin to draw lines within the church about who is in and who is out, who is “compatible” and who isn’t. Use this opportunity to work with others to get strong support for removing all discriminatory language from the Discipline.

2. Continue organizing for elections of delegates to GC 2008.

MFSA has written materials and a CD Power Point presentation about organizing to elect progressive delegates to General Conference 2008. Email mfsa@mfsaweb.org to ask for written materials and/or a copy of the CD and it will be sent immediately. Don’t wait until 2007. Organizing should be underway now!

3. Write to the members of your conference delegation to General Conference 2004

Although General Conference is not in session, these persons remain your delegates to General Conference until elections for 2008 are held. Were a special session of General Conference to be held, these are the persons who would attend. Many of these persons may be reelected in 2008. Also consider writing to reserve delegates and Jurisdictional delegates, many of whom attend, and at times find themselves voting at, General Conference.

In your letter:

  • Express your dismay at the ruling of the Judicial Council
  • Ask them what they are doing to see that this decision is reversed
  • Ask them to support any and all legislation that will counter the actions of these judicial activists and their supporters in the Good News and Confessing Movements.
  • Ask for their support at the Annual Conference level in accomplishing the passage of legislation (as outlined above).
  • Ask those who intend to run as GC delegates at their 2007 Annual Conferences to carefully consider who they will be electing to the Judicial Council in 2008.

4. Take Action in your local church.

It is essential that members of your local church understand what is at stake in Decision #1032. Provide opportunities for education and discussion. Provide them with information about the background, substance and implications of the decision. Make available to them the text of the original decision, the response to the appeal, and the concurring and dissenting opinions on all of these. Go to the Here We Stand website and access the many documents posted there. Download and print the excellent piece written by Rex Mathews.

MFSA can and will provide leadership in this effort.
Contact your local chapter leadership here and/or the national office for resources. If you are unable to lead discussions in your church for some reason, ask MFSA for a speaker to come and meet with your congregation. The lay people of the church must be fully informed about what is happening. They must be given opportunities to express themselves and weigh in on the future shape of the denomination. Point them to the comments of those signing the Here We Stand document. Many of these comments are from lay persons like themselves. Hopefully they will take strength and comfort from realizing the depth and breadth of outrage about Decision #1032.

5. Pray for those who have been harmed.


The first rule of John Wesley's General Rules is to “do no harm.” This rule has been horribly violated by Judicial Council Decision #1032 and in the council’s refusal to reconsider. We must continue to hold in our prayers those most deeply wounded by the decision. All are made vulnerable by this ruling, which leaves to the discretion of the pastor whether or not a person may become a member of the church. Clearly, however, lesbian, gay, bisexual, and transgender persons have once again been singled out and told they are not welcome in the church unless they deny their very being. This is not acceptable. Judicial Council Decision #1032 must not stand.

We live in faith that justice will prevail.

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