A comment on the PJC decision in the case of the Rev. Dr. Jane Adams Spahr

Gratitude for another step toward the fullness of the Gospel
[3-9-06]

The Witherspoon Society welcomes warmly the decision of the Permanent Judiciary Commission of the Presbytery of Redwoods, finding that the Rev. Jane Spahr was acting appropriately, in light of the guidance of the Spirit through her own conscience, to officiate at services of marriage in each of which two women pledged their faith and love to each other.

The decision offers a helpful distinction between definitions and directives, and seems to acknowledge that definitions in themselves do not carry the force of law. Further, it seems to imply that individual Christians may differ in their understanding of definitions, and in their conscientious interpretation of them.

The PJC states clearly that "conscience takes precedence over propriety." As we understand this statement, "propriety" is defined by received customs generally accepted in a community, and these should be given less weight than matters of real moral significance – matters in which we trust conscience, guided by Scripture and the confessions (and the Spirit) to lead us in right paths.

In affirming Rev. Spahr's "right of conscience," the PJC sounds rather similar to the Theological Task Force on the Peace, Unity and Purity of the Church, in its recommended authoritative interpretation of G-6.0108, that would allow people to declare "scruples" in matters deemed unessential.

Marriage, which was the issue in this case, is both a moral matter (a relationship of commitment, fidelity, mutual caring and nurture of children), and a matter of propriety, the forms of which have varied widely over the centuries and across lines of culture.

This decision reminds us that the Book of Order is not simply a set of directives or prohibitions, but a living document by which a community regulates its life, sometimes by directives and prohibitions on matters it judges to be long-term moral guides, and sometimes by simply defining the meaning of those directives in terms of its current situation. And sometimes, of course, the community recognizes that matters which it had once considered clear moral issues (in matters such as race and gender roles, for instance) no longer can be seen in such a clear light of absolutism.

Our church has a long way to go before it takes those distinctions with true seriousness, and sets aside ancient condemnations of certain forms of loving relationships. But this decision offers a helpful step toward greater respect and justice for all people in the Presbyterian Church (USA).

We also express our deep appreciation for the role that the Rev. Janie Spahr has played in providing the occasion for this step forward. Many of us find inspiration and the presence of the Holy Spirit in her work, which we believe has enabled her to persist with the spirit of loving generosity with which she greets others in a church that treats her with such derision.

We are thankful that in this decision, one part of the Presbyterian Church has indeed affirmed, in the closing words of the decision, "that the fundamental message of the Scripture and Confessions is the proclamation of the Good news of God’s love for all people. It is a message of inclusiveness, reconciliation, and the breaking down of barriers that separate humans from each other, and that this proclamation has primacy in the conduct of the Church."

We pray for the day when that Gospel message will bear good fruit in the lives of all of us, and in our Church.

The Los Angeles Times has published a brief report on the case in which the Rev. Jane Spahr was cleared by the Permanent Judicial Commission of the Presbytery of the Redwoods, of charges that she had violated the Book of Order by officiating at the unions of two lesbian couples.

Read the story >>

And from Outlook ...
Meanwhile, the Rev. Jack Haberer, who recently became Editor of Presbyterian Outlook, offers the interesting suggestion that the Presbytery should file an appeal against the decision of its own PJC, in order to get clarification of what he calls its "very brief" decision.

Read his brief editorial >>

Pittsburgh minister under scrutiny for performing same-sex marriage
[3-17-06]

Pittsburgh Presbytery is investigating one of its ministers, the Rev. Janet Edwards, for officiating at a same-sex union last year. Edwards said she doesn't think she violated her ordination vows or the Book of Order by performing the same-sex union.

"Marriage is a sacred union between people who are committed to each other, without regard to gender," said Edwards, who advocates the full inclusion of gay persons in the Pittsburgh Presbytery.

The case is presently being studied by an investigative committee, which will decide whether to bring charges against her.

Edwards is a distant descendant of the great 18^th century preacher and theologian, Jonathan Edwards, most known for his sermon, "Sinners in the Hands of an Angry God." Janet Edwards notes that for her ancestor, the threat of divine judgment hung over every person, and no one group is singled out for that judgment.

Praise God for Janie's courage and the courage and progressive thinking of the PJC. What a wonderful victory. Are we beginning to get our church back?

Barbara Gaddis   [a Witherspoon member living in Boone, Iowa]

The decision of the Permanent Judicial Commission of Redwoods Presbytery, finding the Rev. Jane Adams Spahr not guilty of misconduct for performing weddings for two lesbian couples, has already been reported here.

But various sources and organizations continue to publish and post reports, among them:

Co-Moderator Bear Ride declares, "the decision of this Permanent Judicial Commission gives hope to all of God's children who commit themselves, one to another, in covenantal bonds."

We commend the findings of the PJC that suggest that the Directory of Worship's reference to marriage as between a man and a woman is "a definition not a directive;" "the subject of same-sex marriages has not been shown to be outside of, or contrary to, the essentials of the Reformed faith;" affirms the right of conscience for clergy to perform same-sex marriages; and that "conscience takes precedence over propriety."

"This decision is a watershed moment in the life of the Presbyterian Church (USA) and for Christianity in its declaration that the Good News of God's love is for all people, not just heterosexuals. It is also an official recognition of same-sex love and relationships and the right of clergy to offer God's blessing upon same-sex unions," observed Michael J. Adee, MLP National Field Organizer and openly gay Elder, First Presbyterian Church, Santa Fe, NM.

"We [the PJC] affirm that the fundamental message of the Scriptures and Confessions is the proclamation of the Good News of God's love for all people. It is a message of inclusiveness, reconciliation and the breaking down of barriers that separate humans from each other, and that this proclamation has primacy in the conduct of the Church."

And so with this March 2, 2006 Redwoods PJC decision, Bear Ride declared that: "We celebrate with Janie and move forward as a community in gratitude to God's wildly inclusive love and grace which gives us hope."

Bear Ride and Kim Smith King, Co-Moderators, More Light Presbyterians, with Michael J. Adee, National Field Organizer, More Light Presbyterians  

For more information on the PJC decision and the trial in Santa Rosa go to:
    www.mlp.org
    www.tamfs.org
   

The full text of the PJC decision is online at Spahr's website, in a scanned PDF version.

This report comes from Lisa Larges, Regional Partnership Coordinator of That All May Freely Serve
[4-13-05]

In a pre-trial conference on March 31, in connection with charges brought against the Rev. Jane Adams Spahr related to her officiation in a civil marriage ceremony for a gay couple, the prosecution and defense agreed to a 120 day continuance in order to seek a constructive, collaborative, and mutually agreeable means of handling the complex issues raised by the case within the Presbytery of the Redwoods, the regional governing body in the Presbyterian Church (U.S.A.).

For background >>

At the conference the parties deliberated for 2 and ½ hours before reaching the agreement to postpone the trial. "It was into the second hour at this pretrial conference," said Spahr, "after great risk taken and vulnerability shared by everyone, along with clear passion in all present concerning what all this is about --our right and rites as LGBT people that something happened--There came some stunning moments and we experienced I dare say the Spirit fully among us. I don’t think that movement of the Spirit can fully be conveyed, but I do trust it."

Members of the Permanent Judicial Commission of the Presbytery – the body’s judicial authority– who were present at the pretrial conference cited in support of the continuance the denominations Rules of Discipline which uphold the principle that discipline is for the purpose of building up the church and for strengthening the biblical obligation to "conciliate, mediate, and adjust differences". Those present - members of the prosecution, the defense, and the PJC -- expressed concerns about whether or not the potential judicial outcomes in this case addressed the full magnitude of the issues involved. Sara Taylor, one of Spahr’s co-counsel in the matter, specifically cited her concern that "the judicial outcome of this disciplinary hearing will not fully address the fact LGBT people are denied full participation in the Church and that our relationships are not honored."

"In agreeing to this continuance," said Spahr, "it is my hope that the Presbytery of the Redwoods who know many lgbt people in their families, in their congregations, sitting next to them in the pews, in their seminaries, in their neighborhoods in all walks of life and faith will more fully understand how the policies and structure of our church render us second class and our relationships as less than. In this way the church perpetuates and participates in the violence against us. Within the current structures of the Presbyterian Church, we know that even in this process of constructive collaboration with the Presbytery, gay, lesbian, bisexual and transgender people do not come to the table as equals. We believe however that through the integrity of our faith and our very lives, and through the power of the Spirit injustice can be named, confronted and transformed."

The charges first brought against Spahr in November allege that a marriage between two men violates the provisions of the Constitution of the Presbyterian Church. The evidence presented to an investigative committee indicated that Rev. Spahr signed a marriage certificate and fully participated in a marriage service for Dr. Douglas Potter and Gregory Partridge.

Partridge and Potter, who were married in a civil ceremony in Canada where same gender marriage is legal, wanted a marriage ceremony rather than a "holy union" because they did not want their relationship to be legally or religiously regarded as "second class." Spahr was honored to have been asked and to participate in the wedding ceremony. Both Partridge and Potter are long-standing members of the Downtown United Presbyterian Church in Rochester, New York and vitally involved members of the ministry of That All May Freely Serve, a mission project of the Downtown United Presbyterian Church of Rochester, New York in partnership with Westminster Presbyterian Church in Tiburon, California. That All May Freely Serve (TAMFS) which Spahr directs, advocates for the full participation of lesbian, gay, bisexual and transgender persons in the life of the Presbyterian Church (U.S.A.).

The Rev Dr. Jane Adams Spahr was ordained in her hometown church in Pittsburgh pa in December of 1974. Spahr served in several pastorates before coming out as lesbian and as a consequence, resigning her position with the Oakland CA council of churches. She served the Metropolitan Community Church 1980-82 and in 1982 served as the founding director of The Spectrum Center for Lesbian Gay Bisexual and Transgender Concerns in San Rafael CA. Called to serve as co-pastor of the Downtown United Presbyterian Church in Rochester New York in 1991, the permanent judicial commission the highest judicial body in the Presbyterian Church (U.S.A.) denied her call. In March of 1993 the Downtown Church commissioned her as an evangelist and began the ministry of that all may freely serve, which now has eight regions around the country.

A defense fund has been established to defray the legal costs necessary to defend the Rev. Spahr through trial. Anyone wishing to contribute to the defense is invited to send checks to That All May Freely Serve, c/o Westminster Church, 240 Tiburon Boulevard, Tiburon, California 94920.

Contact:

Sara Taylor(legal counsel) 415-412-8538
Rev. Jane Adams Spahr 415-457-8004

Presbyterian News Service reports on the charges against Spahr.  [11-27-04]

Press release from That All May Freely Serve

[11-22-04]

On November 19, 2004, the Presbytery of the Redwoods in the Presbyterian Church (U.S.A.), the regional governing body of the 2.1 million member denomination, filed a disciplinary charge against the Reverend Dr. Jane Adams Spahr, Minister Director of That All May Freely Serve. The charge was based on her participation in a same-gender marriage. The Presbytery of the Redwoods did not initiate the disciplinary action; however, after a thorough investigation of an accusation brought by the Reverend James Berkley, of Bellevue WA, the investigatory committee of the presbytery reluctantly filed charges against Rev. Spahr. "I am so grateful to Redwoods Presbytery," said Rev. Spahr. "As they have a long history of standing for justice for lgbt people, and they have stood by me and my ministry in this area and throughout the country for the last nearly thirty years. I know how difficult it has been for them to take this step, but I am glad the conversation may take place……"

Citing the book of order, the church's constitution, the Reverend Berkley charged that the Presbyterian Church defines marriage as "a civil contract between a man and a woman" and a Christian marriage as "a covenant through which a man and a woman are called to live out together before God their lives of discipleship." The Christian marriage service is defined, he said, as a service in which "a lifelong commitment is made by a woman and a man to each other, publicly witnessed and acknowledged by the community of faith." The charge alleges that a marriage between two men violates the provisions of the Book of Order and the Constitution of the Presbyterian Church. The evidence presented to the investigative committee indicated that Rev. Spahr signed a marriage certificate and fully participated in a ceremony defined as a marriage service for two men.

Rather than plead guilty to and accept the disciplinary rebuke, the Rev. Spahr, chose to take the case to trial. The rejection by Spahr triggers a procedure by which the matter will proceed to trial before the Permanent Judicial Commission, the judicial authority within the Presbyterian Church. The underlying charges involved her participation in a legally sanctioned marriage in Canada of a couple who have been together for 20 years.

Dr. Douglas Potter and Gregory Partridge requested that the Rev. Janie Spahr co-officiate at their marriage ceremony with a chaplain from Canada. The Rev. Spahr conducted the marriage counseling for one year with Potter and Partridge - her usual extensive preparation with all couples, regardless of their sexual orientation.

Partridge and Potter wanted a marriage ceremony rather than a "holy union" because they did not want their relationship to be legally or religiously regarded as "second class." Spahr was honored to have been asked and to participate in the wedding ceremony. Both Partridge and Potter are long-standing members of the Downtown United Presbyterian Church in Rochester, New York and vitally involved members of the ministry of That All May Freely Serve, a mission project of the Downtown United Presbyterian Church of Rochester, New York in partnership with Westminster Presbyterian Church in Tiburon, California.

"Help me understand how," asks Spahr "why, when a wonderful loving couple, members of the congregation who co-sponsor our ministry, and dear friends who have been together for 20 years invite me to participate in this sacred and civil marriage - publicly marking their integrity and love - I would ever refuse? As a matter of my faith, my love and pastoral care for them and with them , my conscience and sense of justice, it would have been a violation of my ordination vows to do otherwise."

A defense fund has been established to defray the legal costs necessary to defend the Rev. Spahr through trial. Anyone wishing to contribute to the defense is invited to send checks to: That All May Freely Serve, P.O. Box 3707, San Rafael California 94912.

Contact: Dr. Douglas Potter and Mr. Gregory Partridge (585)442-7419;
Sara Taylor (Legal Counsel) (415)412-8538;
Jim Spahr (Press Relations) (415)509-7417

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