The following compilation contains summaries of rulings by the Judicial Council which convened over April 23-26, 2014 in Little Rock, Ark. Marriage equality, GCFA’s ability to offer benefits to same-sex spouses, a question on a ruling on the candidacy of Southwest Texas woman, and matters from the Greater New Jersey Annual Conference the Philippines Central Conference, made up the docket.

Click here for more information on the issues under discussion. You will also find links under each ‘Digest’ below to view a lengthier discussion of the particular matter before the council.

Memorandum No. 1260

In Re: IN RE: Review of a Bishop’s Decision of Law in the Philippines Central Conference Regarding the Legality of Proposed Rules for the Election of Bishops In Light of Judicial Council Decision 1249 SUBJECT TO FINAL EDITING AND REVISION

DIGEST
The Judicial Council reaffirms Memorandum 1249 and reiterates that without the minutes of the December 12, 2012, session it cannot make a determination of whether the requests for a decision of law were received during the regular business of a session. The longstanding jurisprudence of the Judicial Council has been that requests for decisions of law shall be germane to the regular business, consideration, or discussions of the Annual Conference and shall state the connection to the specific action taken, or the questions must be raised during the deliberation on a specific issue of a matter upon which the conference takes action. Also, without the Committee on Plan of Organization and Rules of Order Proposal the Judicial Council is unable to review the Bishop’s decision of law.

Consequently, the matter again is remanded to the Philippines Central Conference, and it is instructed to forward to the Secretary of the Judicial Council the minutes of the December 12, 2012, session of the 20th Regular Session of the Philippines Central Conference and a copy of the Committee on Plan of Organization and Rules of Order Proposal within 60 days as of this decision. The Philippines Central Conference is specifically instructed to encourage the Conference Secretary and provide the Conference Secretary with all necessary support and assistance for him to complete and submit the minutes of the December 12, 2012, session and a copy of the Committee on Plan of Organization and Rules of Order Proposal. In the event that the requested documents are not received within the 60 days deadline, Bishop Warner Brown will be requested to provide the Judicial Council with the legislative documents he relied upon in rendering his decision of law. The Judicial Council retains jurisdiction.

Click here to read the rest of Decision No. 1260


Decision No. 1261

In Re: IN RE: Review of a Bishop’s Decisions of Law in the Greater New Jersey Annual Conference Regarding the Relationship Between the Annual Conference and “A Future with Hope” in Light of Judicial Council Decision 1259 SUBJECT TO FINAL EDITING AND REVISION

DIGEST OF CASE

The bishop’s decision of law is affirmed. The non-profit corporation A Future with Hope, Incorporated, is not a conference agency.

Click here to read the rest of Decision No. 1261


Decision No. 1262

In Re: IN RE: Review of a Bishop’s Decision of Law in the Desert Southwest Annual Conference Regarding a Resolution Entitled “Marriage Equality Resolution” SUBJECT TO FINAL EDITING AND REVISION

DIGEST OF CASE

The Bishop’s decision of law is modified. An annual conference may express an aspiration or a prophetic appeal for a change in Church Law. But an annual conference may not negate, ignore, or violate the provisions of the Discipline. In its first “Resolved” section, the “Marriage Equality Resolution” by the Desert Southwest Annual Conference expresses an aspiration. In its second “Resolved” section, the action ignores Church law and encourages a violation of Church law. In its third “Resolved” section, the Resolution declares that the annual conference and its local churches will offer some limited forms of support for those who violate Church Law. The decision of law by the Bishop neglects to recognize the factors where the Resolution may ignore Church Law, negate Church Law, or affirm a violation of Church Law.

The Bishop’s decision of law is modified to acknowledge these deficiencies. The first “Resolved” portion of the “Marriage Equality Resolution” is within Church Law. The second “Resolved” section is null and void and of no effect. The third “Resolved” section is within Church Law to the extent that its definition of supporting someone “spiritually, emotionally and prayerfully” is understood not to ignore, negate, or violate Church Law.

Click here to read the rest of Decision No. 1262


Decision No. 1263

In Re: IN RE: Review of a Bishop’s Decision of Law in the Southwest Texas Annual Conference Regarding the Meaning, Effect, and Application of ¶¶ 313 and 635.2 in Regards to the Discontinuance of a Certified Candidate in Light of Judicial Council Decision 1244 SUBJECT TO FINAL EDITING AND REVISION

DIGEST OF CASE

The Bishop’s decision is affirmed. When a district committee on ordained ministry recommends a candidate for election to provisional membership, the Conference Board of Ordained Ministry shall include a personal interview with the candidate as part of its full examination of the candidate in order to determine his/her fitness for election to provisional membership. Because this disciplinary point was ignored by the Conference Board of Ordained Ministry, the candidate remains a certified candidate for ordained ministry.

Click here to read the rest of Decision No. 1263


Decision No. 1264

In Re: IN RE: A Request from the General Council on Finance and Administration for a Declaratory Decision Regarding the Meaning, Application and Effect of the Use of General Agency Funds to Subsidize the Benefits Premiums for General Agency Employees and their Same-Gender Spouses in Light of ¶ 806.9 SUBJECT TO FINAL EDITING AND REVISION

DIGEST OF CASE

The General Council on Finance and Administration has the authority to determine whether or not the use of general agency funds violates the prohibition against using church funds “to promote the acceptance of homosexuality.” (¶ 806.9) By its action on October 21, 2013, in fulfillment of its mandate found in ¶ 807.12, the General Council on Finance and Administration determined that the use of general agency funds to subsidize the premium costs for employees and their same-gendered spouses enrolled in the General Agencies Welfare Benefits Program does not violate ¶ 806.9 of the 2012 Discipline.

Click here to read the rest of Decision No. 1264


Memorandum No. 1265

In Re: Request for Reconsideration of Decision 1256

Reconsideration denied.

Dennis Blackwell recused and took no part in this memorandum.

Timothy K. Bruster participated in this decision.

Click here to read the rest of Decision No. 1265


Memorandum No. 1266

In Re: Request for Reconsideration of Decision 1257

Reconsideration denied.

Dennis Blackwell recused and took no part in this memorandum.

Timothy K. Bruster participated in this decision.

Click here to read the rest of Decision No. 1266


Memorandum No. 1267

In Re: Request for Reconsideration of Decision 1258

Reconsideration denied.

Dennis Blackwell recused and took no part in this memorandum.

Timothy K. Bruster participated in this decision.

Click here to read the rest of Decision No. 1267


Memorandum No. 1268

In Re: Request for Reconsideration of Decision 1259

Reconsideration denied.

Dennis Blackwell recused and took no part in this memorandum.

Timothy K. Bruster participated in this decision.

Click here to read the rest of Decision No. 1268


 

Memorandum No. 1269

In Re: Request for Reconsideration of Decision 1251

Reconsideration denied.

Ruben Reyes was absent.

Beth Capen was absent.

Sandra Lutz, first lay alternate, participated in this decision.

Randall Miller, third lay alternate, participated in this decision.

Click here to read the rest of Decision No. 1269


Photo Credit: The Judicial Council for 2012-16 took up a full docket during its Oct. 24-27 session in Elk Grove Village, Ill. From left: Belton Joyner, J. Kabamba Kiboko, N. Oswald Tweh Sr., and Kathi Austin Mahle. Standing from left: Ruben T. Reyes, Dennis Blackwell, Beth Capen, William B. Lawrence and Angela Brown. A UMNS photo by Kathleen Barry.

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