Presbyterians review case on gay marriage

Have you been following the happenings with the Presbyterian minister? I've heard from both a Presby minister in rural western Kentucky today and a Disciples of Christ minister from central Kentucky... both say this case is huge. What are your thoughts on it? What ramifications will it have for the larger community? ~Jody

Presbyterians review case on gay marriage
By Jim Niemi
JNIEMI@HERALD-LEADER.COM

LOUISVILLE --A Presbyterian minister sat Friday to be judged by the denomination's highest court, which will decide whether she violated church law by performing marriages for same-sex couples.
The Rev. Jane Adams Spahr, retired after 30 years in the ministry, was charged in California two years ago with officiating at the weddings of two lesbian couples in 2004 and 2005. Routinely, disciplinary cases in the Presbyterian Church (U.S.A.) are heard by a Presbytery, a larger body to which the church belongs.
In 2006, the Redwoods Presbytery court affirmed her ministry and ruled that same-sex marriages are not "outside of, or contrary to, the essentials of the Reformed faith as understood by the Presbytery of the Redwoods."
But that ruling was challenged by those who prosecuted Spahr, and was appealed to the next-highest church court, the Synod Permanent Judicial Commission. The synod court overturned the presbytery decision and ordered Redwoods Presbytery to censure Spahr, but recommended the minimum penalty, a rebuke.
Spahr then appealed to the denomination's highest court, the General Assembly Permanent Judicial Commission, which heard the case Friday at the Presbyterian Church USA Center in Louisville.
Spahr, 65, believes the Presbyterian faith should be inclusive, that all humans are acceptable to God. But she contends the church has refused to recognize all its members on an equal footing.
"In this church, lesbians, gays, bisexuals and transgendered people are marginalized, they cannot fully participate," said Sara M. Taylor, an attorney representing Spahr.
"We, as LGBT people, are equal in the eyes of God," Taylor said. "She (Spahr) acted pastorally in the eyes of Jesus Christ."
Taylor contended that the synod overstepped its authority because the authority to discipline lies with the presbytery. "We believe the presbytery has the right to make the decision," she said.
But Stephen L. Taber, attorney for the synod, made the case that the Book of Order, a manual of policies that govern Presbyterian Church (U.S.A.), specifies that marriage is reserved as a covenant between a man and a woman.
The church "does not permit disobedience to standards set by the Book of Order. A person can protest ... but cannot disobey," Taber said.
In reaching a decision, which is expected next week, the top court will have to sort through some thorny issues:
• California, where Spahr performed some of the marriages, does not recognize same-gender ceremonies. Is it possible for a couple to be married ecclesiastically but not legally?
• The Presbyterian Church USA recognizes two sacraments: baptism and communion, which LGBT people are allowed to receive. Is it rational to allow people to receive the sacraments in the church but to deny the right to marry in the church?
• While the church does not recognize same-sex marriages, it does allow ministers to bless same-sex unions. Is it proper for a minister to bless a same-sex union that might be interpreted by others as a marriage?
Throughout Friday's hearing, Spahr was characterized as a person of deep faith and an abiding love for all people. "We are not prosecuting a malefactor," Taber said.
In an interview after yesterday's hearing, Spahr said she had performed "hundreds" of marriages but did not distinguish between same-sex and opposite-sex ceremonies.
"I'm just hoping that this is about real people's love for one another," she said.
Spahr is worried that continued marginalization of segments of society undermines the quality of life for all people.
"We're not second-class citizens. Second-class status perpetuates violence," she said. "We're here to stop the violence.
"How can we have healthy relationships in a fractured culture?"