Defiance is Dangerous

CONSTITUTIONAL COMPLIANCE OR DEFIANCE

by Jim Tony


The Rev. Donald Stroud has issued a statement in which he twice asserts that he can not in good conscience comply with the fidelity and chastity standard of the Constitution of the PC (USA) (G-6.0106b).  Mr. Stroud, who both serves a church in Baltimore Presbytery and is employed by a homosexual advocacy group called, “That All May Freely Serve” [TAMFS], has been the subject of a church discipline investigation.  The outcome of this process tests whether Baltimore Presbytery will take the recent advice of Stated Clerk Clifton Kirkpatrick delivered in an August 21 letter to Synod and Presbytery Stated Clerks.  The Clerk writes that “a small, but very public, group of pastors and sessions continues to struggle with provisions of the Constitution.”  Stroud’s actions appear to meet the criteria of Mr. Kirkpatrick’s letter.

The Stated Clerk’s letter says, “I strongly urge all presbyteries to take seriously the requirements of the rules of discipline.”  In July, 2000, the General Assembly Permanent Judicial Commission (GA-PJC) said, “A formal declaration … 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.” [Londonderry Presbyterian Church v Presbytery of Northern New England, 213-2]

Mr. Kirkpatrick’s letter agrees with the GA PJC, “The Constitution protects the right of dissention, but provides no right of defiance.”  He also writes, “The process must be honored if the integrity of the judicial system is to be maintained. 

As of the time of this writing, the process is not yet complete in Baltimore Presbytery.  What Baltimore Presbytery does with the complaint against the Rev. Stroud is a matter of the integrity of our form of government.  The complaint brought by Mr. Paul Jensen, which Mr. Stroud made public in Baltimore Presbytery, stems from statements Stroud made openly at the 2001 General Assembly.  Mr. Jensen’s accusations were then sent by the presbytery, as required by the Book of Order, to an investigating committee chosen by the Presbytery’s Moderator.  On June 27, 2002  the investigating committee reported that they did not choose to forward the complaint against Mr. Stroud’s those previous statements of non-compliance for trial before the Synod PJC.  The effect of their report would have been to drop the matter and allow Mr. Stroud’s defiance to stand unchallenged.

On the occasion of the investigating committee’s report, Mr. Stroud made the statements reported in the first paragraph above.  They remain posted on the web site of the organization for which he works—That All May Freely Serve (TAMFS) (www.tamfs.org/new/baltimore).  The refusal by the presbytery’s investigating committee to forward formal charges to a PJC for trial has been appealed as permitted by the Book of Order to the PJC of Baltimore Presbytery.  The church is waiting for their decision. 

Whatever happens regarding the allegations brought by Mr. Jensen, these new statements by Mr. Stroud, made subsequent to Mr. Jensen’s complaint, would appear to be a challenge to Baltimore Presbytery, and indeed to the whole church.  They challenge the integrity of our constitutional form of government.  These new statements actually constitute a new “offense” against the order of the PC (USA).  And these new statements may well become the grounds for allegations against Mr. Stroud in order to give the Presbytery of Baltimore and the Synod of the Mid-Atlantic opportunity to address the “integrity of the judicial system.”

 

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