Gay minister's case dismissed --
and continued
Complainant seeks review; accused restates defiance
of G-6.0106.b
by Alexa Smith, Presbyterian News Service
[7-30-02]
LOUISVILLE -- June 30, 2002 -- Shortly after an
investigating committee in Baltimore Presbytery decided not to bring
charges against an openly gay minister, both parties in the dispute took
action to keep it alive.
Paul Jensen, the Washington, DC, lawyer who filed the
complaint, asked the presbytery court to review the committee's
decision.
The Rev. Don Stroud, the accused, announced publicly
that, as a matter of faith and conscience, he cannot comply with a
provision of the constitution of the Presbyterian Church (USA).
Stroud was accused last September of "willfully
and deliberately" violating his ordination vows and the
constitutional clause (G-6.0106.b) that says unmarried clergy may not be
sexually active. He also was charged with heresy. He is employed by That
All May Freely Serve (TAMFS), a group working to eliminate barriers to
the full participation of gays and lesbians in PC(USA) ministry.
The case against Stroud was among the first initiated
by Jensen, who has made similar allegations against 15 other
Presbyterians around the country who he says are openly defying the
PC(USA) constitution. Most of the cases were filed during Holy Week in
March.
In the other case filed earlier, an investigating
committee in National Capitol Presbytery also decided against filing
formal charges.
Shortly after the Baltimore committee's decision
became public, Stroud -- who has waived his right of confidentiality --
issued a statement of refusal to comply with G-6.0106.b, which he said
violates the theological premise that it is by the "grace of Jesus
Christ alone" that lives are bound together in the church.
Jensen had no comment on his request for review.
An investigating committee's decision is subject to
review only on grounds of procedural irregularity.
The decision was made public in the stated clerk's
report to the Baltimore Presbytery during its June 27 meeting, according
to the Rev. Phil Sorensen, the presbytery executive.
Sorensen said there was no discussion of the
committee's decision.
A presbytery is required to investigate any complaint
filed within its jurisdiction. The investigating committee decides
whether to file formal charges with the presbytery's permanent judicial
commission (PJC).
In his statement, Stroud said: "I cannot comply
with G-6.0106.b of the Book of Order because to do so, for me, can come
only at the price of denying my faith in God's grace in Jesus Christ. My
conscience will not allow me to do such a thing."
In a section labeled, "My Personal Reactions to
the Investigating Committee Report," he said that he is unwilling
to engage in "works righteousness (celibacy) to earn God's
favor."
"Is it an essential that I comply with an
aberrant section of church polity that forces me to rely on anything
except grace alone to be in full communion as a continuing member of
presbytery?" he asked, continuing, "… I cannot but believe
that the Presbytery of Baltimore in its own corporate conscience would
ultimately decide otherwise."
Stroud, a member of the presbytery for three years,
told the Presbyterian News Service that he is currently in a
relationship.
The PJC has 90 days to respond to the request for a
review.
For the full text of Stroud's statement, including his "Statement
of Faith and Conscience in Refusal To Comply with G-6.0106b,"
check out the report
from That All May Freely Serve.