But the GAPJC – the highest court in the Presbyterian Church (U.S.A.) – has said the Synod of Lakes and Prairies Permanent Judicial Commission must hold a trial to determine whether the presbytery waived one of the requirements of the ordination standards in reinstating Capetz’ ordination, and whether the presbytery acted properly in doing so.
What the synod Permanent Judicial Commission must determine, the GAPJC ruled March 2, is whether Capetz properly stated an objection to the ordination standards based on conscience when he refused to take a vow of celibacy and whether the presbytery properly considered that objection and found that it could be permitted.
Capetz’ case can be viewed as a direct descendant of the work of the Theological Task Force on the Peace, Unity, and Purity of the PC(USA). The task force proposed a means by which those being ordained could declare “scruples,” or conscientious objections, to the PC(USA)’s ordination standards. The 2006 General Assembly endorsed that by adopting an authoritative interpretation allowing governing bodies to grant such scruples if the presbytery determines that the exception does not involve an “essential” of Reformed faith or polity.
Capetz was ordained in 1991 as a Minister of Word and Sacrament, but he voluntarily set aside his ordination in 2000 because of his disagreement with the PC(USA)’s requirement that those being ordained practice fidelity if married or chastity if single.
Following the General Assembly’s approval of the task force recommendations, however, Capetz asked Twin Cities Presbytery (https://www.ptcaweb.org/) in 2007 to reinstate his ordination. Capetz told the presbytery that, while he was not in a relationship, he would not, as a matter of conscience, promise to be celibate.
Capetz said he could not affirm the “fidelity and chastity” standard or the position of the PC(USA) on the morality of same-sex relationships.
And he explained his reasoning in a statement to the presbytery. Capetz said that as he studied the Protestant Reformation, he read of Martin Luther’s own struggles with celibacy and resonated with the Reformer’s rejection of celibacy as contradicting the concept of “justification by faith alone.”
If the church were to recognize same-sex marriages as valid, Capetz said, he could abide by the “fidelity and chastity” standard.
“But as it now stands, while the door is always open for single straight persons to get married, that door is slammed shut for gay people with the result that permanent celibacy is our only option if we would serve the church,” he said.
Capetz argued that the PC(USA)’s position is morally flawed because it treats all sexual behavior by gays and lesbians the same, making no distinction between prostitution or promiscuous behavior and life-long, monogamous partnerships.
In January 2008, Twin Cities Presbytery decided in a day-long, specially-called meeting to restore Capetz’ ordination, voting 197 to 84, with two abstentions, to permit the scruple Capetz had presented, determining that it did not involve an essential of Reformed faith or polity.
The language presented to Twin Cities Presbytery asked for a vote on “whether or not to restore Dr. Capetz – given who he is as an actual, fallible human being and considering the reasons for his principled objection to one particular section of the constitution – to the office of Minister of Word and Sacrament in a particular ministry, at this particular time and place in the life of the church and with the blessing of this particular Presbytery.”
Twin Cities Presbytery also voted 196 to 79, with three abstentions, to restore Capetz to ordained office.
And, it approved accepting as a “validated ministry” Capetz’ position as an associate professor of historical theology at United Theological Seminary of the Twin Cities.
In August 2008, the synod PJC dismissed a complaint challenging the presbytery’s action.
In its ruling, the GAPJC determined that the presbytery could have restored Capetz’ ordination without voting to grant him a departure from the ordination standards. But since the presbytery voted to grant the scruple and since a remedial case was then filed, the synod permanent judicial commission should have held a trial to determine whether that departure from the standard was properly granted specifically in Capetz’ case, the GAPJC ruled.
But the GAPJC also ruled that the presbytery acted properly in restoring Capetz to ordination, and that Capetz did not go so far as to refuse to comply with the “fidelity and chastity” standard and there is nothing in the record indicating “that he has taken any action” to violate that standard.
It also determined that “noncompliance with any ordination standard or constitutional requirement by one who has already been ordained may only be addressed in a disciplinary proceeding,” not through a remedial case.
Now that Capetz’ ordination has been restored, the court ruled, “Capetz is fully accountable” and required to abide by the denomination’s ordination standards, including the “fidelity and chastity” requirement.
The GAPJC did not rule on whether — in a case involving a new ordination — a candidate could properly declare an objection based on conscience to the “fidelity and chastity” language. So that determination – considered key in the denomination’s skirmishes over gay ordination – still remains to be made.
