The United Methodist Church’s version of the Supreme Court, otherwise known as the Judicial Council, will be ruling in October about Karen Oliveto’s consecration as a UM bishop, and they’ll be adjudicating whether an annual conference’s clergy session and Board of Ordained Ministry can properly have before them persons who have self-avowed behaviors that are in violation of the United Methodist Book of Discipline. It is basically a question of whether an annual conference’s prerogatives outweigh General Conference’s actions.
The first major Judicial Decision which established that General Conference is preeminent in legislation and supersedes annual conferences’ administrative function, was made back in 1972. In reference to the establishment of the General Council on Ministries, the Judicial Council stated in Decision 364, “The General Conference may not delegate legislative functions and responsibilities which are assigned to it by the Constitution.” This specifically helps us pray for the Judicial Council because at issue is who outranks whom in our checks and balances system. The bottom line is exactly what the Book of Discipline says in Par. 509.1,2: Only the General Conference has the authority to speak for the church.
Judicial Decision 1321 that was rendered at GC2016 also covers this in great detail and cites previous decisions of church law (All Judicial Council Decisions can be researched online at http://www.umc.org/who-we-are/judicial-council). Decision 1321 reinforces that the General Conference certainly has full legislative authority over all things “distinctively connectional” (Par. 16), including matters of defining minimum clergy credentialing requirements (Cf. Judicial Decision 536). There are plenty of Judicial Decisions that make the recent actions of certain annual conferences null and void, even the election of Karen Oliveto. My interpretation of the aforementioned decisions is that it is impossible in our connectional polity for an annual, central, or jurisdictional conference to contravene the General Conference.
It really doesn’t matter if an annual conference says persons are in “good standing” if they have already self-avowed that they are in opposition to The Book of Discipline. The declaration of the General Conference is the last word, and the “right to trial” guaranteed to each UM clergyperson is moot when someone precludes the need of a trial by their own volition. Judicial Decision 980 is very specific if an annual conference’s Committee on Investigation refuses to certify a bill of charges and ignores stated facts that ipso facto would convict a person. The Decision reaches two very pertinent conclusions: “Should members of the Committee on Investigation be unwilling to uphold the Discipline for reasons of conscience, such members must step aside…” and “persons who state that they cannot in good conscience uphold the Discipline are ineligible to serve on a trial jury.”
As a historical aside, after the 1956 GC had approved full clergy rights for women a specific case arose about some who refused to enforce the GC’s action. This Decision is a great help in understanding our denominational jurisprudence and the rights of whole entities in the church to ignore General Conference decisions. The Judicial Council rendered Decision 155 in 1958 which stated clearly that everyone had to abide by the same Book of Discipline. This was a wonderful decision in many ways, and in this case in setting a legal precedence (Par. 2611 BOD) of Book of Discipline over all other documents and entities. It alone speaks for the UMC.
Similarly, Judicial Decision 886 offers clear guidance in our current milieu. In its opening “Digest of Case,” the decision says, “The Discipline is the law of the Church which regulates every phase of the life and work of the Church. As such, annual conferences may not legally negate, ignore, or violate provisions of the Discipline with which they disagree, even when the disagreements are based upon conscientious objections to those provisions.” It seems obvious that connectionalism is based upon mutual covenant keeping, or the whole house falls.
The United Methodist position on the practice of homosexuality extends both grace and definite boundaries. It is a complex issue. Not only is the authority of Scripture involved, but also our ecclesiology. My sincere hope is that our denomination can work through this. My plea is for us to honor the Study Commission and pray for them as they do their work on “A Way Forward” on this issue.
In the meantime, all of us need to keep covenant, whether pro or con in changing the language of the Discipline about the practice of homosexuality. We pray and hold fast in the interim. I remind all UM clergy that Judicial Decision 986 says that any pastor that deliberately encourages withholding apportionments is liable for a charge of disobedience. BOD Pars. 340.2(c)(2)e, 639.4 and 247.14, last sentence, are very instructive. Let’s remain calm and let the judicial process work.
This is about the rule of canon law and covenant keeping in a connectional church. These are tenuous times for us. We can either obey the General Conference or fracture into something we’re not. I wouldn’t want to be anything else than a United Methodist. Every person who has been ordained promised to keep our rules and stated that he or she agreed with them. I made that promise, and I’m still keeping it by the grace of God.