The highest court in the PC(USA) system ruled, in a decision released April 29, that the denomination’s constitution does not prohibit a Presbyterian minister from performing a same-sex union ceremony as long as that ceremony is not represented as a marriage.
And since the PC(USA) constitution defines marriage as being between a man and a woman, “a same-sex ceremony can never be a marriage,” the GAPJC ruling states.
But the ruling also states that the commission “does not hold that there are no differences between same-sex ceremonies and marriage ceremonies. We do hold that the liturgy should be kept distinct for the two types of services,” and that church officers authorized to perform marriages “shall not state, imply, or represent that a same-sex ceremony is a marriage.”
Spahr had faced charges for performing ceremonies for two lesbian couples — for Annie Senechal and Sherrill Figuera on May 27, 2005, in Guerneville, Calif., and for Barbara Jean Douglass and Connie Valois in Rochester, N.Y., on Aug. 21, 2004. Spahr has described those ceremonies as “ecclesiastical” marriages, although they were performed in states that do not permit civil marriages for same-sex couples.
Spahr, now retired, formerly was the founding minister-director of That All May Freely Serve, an advocacy group trying to convince the PC(USA) to provide full inclusion for gays, lesbians, bisexual, and transgendered people in church life.
She had appealed the ruling of the Synod of the Pacific’s permanent judicial commission, which ruled 6-2 in August 2007 that she had “acted with conscience and conviction,” but had violated the PC(USA)’s constitution by performing the marriages.
The GAPJC ruled that the synod permanent judicial commission had erred in finding that Spahr had committed an offense, and ordered that any censure of her be removed.
The synod court had suggested that Spahr be given a rebuke — the lightest possible penalty it could have given her. Originally, the Presbytery of the Redwoods Permanent Judicial Commission had ruled in March 2006 in Spahr’s favor, but the prosecuting committee involved in that case appealed the presbytery commission’s ruling.
The GAPJC ruling also discusses the context in which Spahr was working, stating that in her work with That All May Freely Serve, Spahr was in a validated ministry and provided pastoral care to gay, lesbian, bisexual, and trangendered people. She “argued that her actions were justified based on her work in providing pastoral care to a marginalized and oppressed community,” the ruling states, and she regularly reported to the presbytery about the same-sex unions and weddings she performed, although she did not describe those ceremonies in her reports as marriages.
“It is acknowledged by those who have heard this case at every level that Spahr has acted in light of her call and the church’s call to participate in a caring and compassionate ministry to persons who have been marginalized, who are faithful Christians, and who wish to be accepted in every way as full members of the body of Christ,” the ruling states. “In this, Spahr may consider herself to be acting in the role of a prophet to the church, while others would reject such a characterization.”
The ruling states that membership in the PC(USA) is open to all, regardless of sexual orientation, but that the denomination has drawn a distinction between sexual orientation and sexual practice and imposed standards for those being ordained that limit their sexual behavior. The Book of Order requires that those being ordained practice fidelity if they are married or chastity if they are single.
“The tension the church has created between sexual orientation and sexual practice has led to turmoil and dissension that likely will continue for some time,” the ruling states. “The difficulties faced by this Commission in deciding this case reflect that tension.”
In a hearing before the GAPJC on April 25, lawyers for Spahr argued that the PC(USA)’s constitution does not actually prohibit same-sex couples from marrying – although the denomination’s Book of Order does define marriage as being between a man and a woman.
But Stephen L. Taber, a lawyer for the synod, pointed out that the GAPJC ruled in 2000 that Presbyterian ministers could bless same-sex relationships, but could not present them as marriages or conduct services that resembled weddings.
The ruling – and the concurring and dissenting opinions of various commission members – speak in several places about the need for ministers to demonstrate compassion, justice, and obedience to the Book of Order.
“Christians are called to do justice,” the ruling states. And certain sections of the Book of Order are “replete with admonitions that are inconsistent with imposing censure on a minister of the Word and Sacrament for reaching out to a marginalized and oppressed segment of the body.”
In an interview, Spahr expressed disappointment that the PC(USA) continues to consider same-sex commitments as “separate and unequal,” compared with heterosexual marriages. She described the ruling as “a complex decision,” but said she grew increasingly distressed when she realized what it says about the church’s view of same-sex relationships.
“To hear once again, ‘Not good enough, not welcome’” from the church was difficult, Spahr said.
“In any way to think that these might be less-than and second-class is so against what I believe, what I know,” she said.
To do that “gives other people license for harm. I want the church to be a place of welcome” for all.
