The Stated Clerk of the General Assembly reports on compliance with the orders of the General Assembly PJC as per G.2.g. of the Standing Rules of the General Assembly. One of those reports deals with the case of a public written declaration by the Session of Christ Church, Burlington, VT, of its intention not to comply with the Constitution’s "fidelity-chastity" ordination standard (G-6.0106b). Londonderry Presbyterian Church Session initiated a remedial case in the church courts to require the Presbytery of Northern New England to correct that non-compliance.
The General Assembly’s Permanent Judicial Commission [GA PJC] rendered its decision in Session of Londonderry Presbyterian Church v. the Presbytery of Northern New England, Remedial Case 213-2. Their decision ordered certain actions by the Presbytery for the purpose of achieving compliance by Christ Church with the Constitution. [Copies of the "Londonderry Decision" may be found on the internet at http://horeb.pcusa.org/oga/pjc/213-2.htm , in the Minutes of the 213th GA (2001), or by requesting a copy from the Office of the General Assembly (the Stated Clerk’s office), Presbyterian Church (U.S.A.), 100 Witherspoon Street, Louisville, KY 40202-1396.]
The Stated Clerk reports that the letters ordered by the GA PJC have been sent and a task force made visits. He does not report that either action was sufficient to "work pastorally with the Session of Christ Church to assist it in fulfilling its obligation to comply with the Constitution" as ordered by the General Assembly Permanent Judicial Commission. For the Clerk’s report, see OGA, GA 214 at http://www.pcusa.org/ga214/business/04-polity.pdf , p. 95 of 98.
In other words, the process has been carried out, but the purpose of that process remains unfulfilled. The GA PJC clearly says: "This Commission finds that there are no constitutional grounds for a governing body to fail to comply with an express provision of the Constitution, however inartfully stated. Assertions of inconsistency, confusion, or ambiguity may justify the right to protest. They do not create a right to disregard any part of the Constitution."
And the GA PJC also says, "A formal declaration by a governing body whose members have taken the vow ‘[to] be governed by our church's polity,’ and ‘abide by its discipline,’ not to comply with the express corporate judgment of the Church in an explicit constitutional provision exceeds the constitutional bounds of freedom of conscience and therefore requires a response on the part of the governing body exercising oversight. Because the statements of Session raise a reasonable basis for concern that the Constitution may be violated, Presbytery neglected its duty to help Christ Church to apprehend and to embrace both the blessings and responsibilities, the grace and obligation, of living in covenant community." [Emphasis added]
So, when the GA PJC orders "require the Presbytery to exercise pastoral and administrative oversight of Christ Church as herein stated," it does not mean just that letters be sent or a task force visit. Yes, it does order that those things be done. And yes, they have been done. But it also orders that those exercises must achieve an effect.
When the PJC declares that there is no right to disregard any part of the Constitution, it is not merely concerned that the Presbytery of Northern New England go through certain motions. It is concerned that those motions have the outcome of correcting errors which require those orders.
The Clerk’s report indicates no change in the intention of Christ Church, Burlington. No commitment is reported that Christ Church will withdraw or correct its expressed decision not to comply with the express corporate judgment of the Church in an explicit constitutional provision. Indeed, to the best of all evidence available, Christ Church, Burlington, maintains the very position which drew the original complaint. Its public voice continues to proclaim that it has found "no way to comply with G-6.0106b." (http://homepages.together.et/~ccp/Report_to_Presbytery.html )
Therefore, the work ordered by the GA PJC that the PNNE bring Christ Church into compliance has not been completed. Compliance can not be said to be adequate. The PNNE has done the perfunctory processes required of it, but the correction has not produced fruit. As a consequence, the General Assembly acting in accord with its own Standing Rules must make a determination about what steps ought to be taken to ensure compliance with the order of its own Permanent Judicial Commission.
That’s exactly what Overture 59 from Shenango Presbytery asks it to do.
A further inquiry is required at this point: What happens to the Constitution of the PC(USA) if the General Assembly finds that compliance is adequate? Look for further discussion on this question.
James R. Tony is pastor of Palos Park Presbyterian Community Church in Palos Park, Illinois
