The Permanent Judicial Commission, in sustaining the first three charges, recognizes that while the Rev. Dr. Jane Spahr has indeed performed these marriages, which were and continue to be legal marriages, she did so acting with faithful compassion in accord with W7.3004.The tone here is to sound as though they are (and perhaps they are) on Rev. Spahr's "side" but then decide that she violated her vows anyway. I contend that the PJC did not have to rule this way. The Book of Order is contradictory and the legalization of marriage in some states is a new and different situation that is not addressed in the Book of Order.
These marriages were legal in the State of California, being civil contracts (W4.9001), and are different from same sex ceremonies. The testimonies of those at court clearly demonstrated this difference.
We commend Dr. Spahr and give thanks for her prophetic ministry that for 35 years has extended support to “people who seek the dignity, freedom and respect that they have been denied” (W7.4002c), and has sought to redress “wrongs against individuals, groups, and peoples in the church, in this nation, and in the world” (W7.4002h).
In addition, we call upon the church to reexamine our own fear and ignorance that continues to reject the inclusiveness of the Gospel of Jesus Christ. (G3.0401c)
We say this believing that we have in our own Book of Order conflicting and even contradictory rules and regulations that are against the Gospel. In this particular case, in W4.9001 we have inclusive and broad descriptive language about marriage, “Marriage is a gift God has given to all humankind for the well being of the entire human family.” This sentence is followed immediately by “Marriage is a civil contract between a woman and a man.”
The language of the second statement draws on our cultural understanding today of marriage that is rooted in equality. But it is not faithful to the Biblical witness in which marriage was a case of property transfer because women were property. Nor does it specifically address same gender marriage.
Similarly, in the reality in which we live today, marriage can be between same gender as well as opposite gender persons, and we, as a church, need to be able to respond to this reality as Dr. Jane Spahr has done with faithfulness and compassion.
In regard to charge #3 that Dr. Spahr has “intentionally and repeatedly acted in violation of the Book Of Order in violation of her ordination vows, (W4.4003e) we again recognize that while Dr. Spahr has done so, she has also followed the Book of Order by remembering that our confessions and church is subject to the authority of Jesus Christ, the Word of God, as the Scriptures bear witness to him. (G2.0200.)
Notwithstanding the foregoing, we are constrained to accept that the following language in GAPJC Disciplinary Case 21812 is authoritative and should be followed until and unless modified: “We further hold that the officers of the PCUSA authorized to perform marriages shall not state, imply or represent that a same sex ceremony is a marriage. Under W4.9001, a same sex ceremony is not and cannot be a marriage.”
In regard to charge #4, that Dr. Jane Adams Spahr has failed to further the peace, unity and purity of the church (W4.4003g), we commend Dr. Spahr for helping us realize that peace without justice is no peace.
As a commission, we give thanks for the courageous and heartrending testimonies of the married couples who shared with us their great hurt through the policies of our church. We also thank them for the joy in marriage they shared with us that that has brought healing in their lives and in their families through the ministry of Dr. Spahr. On behalf of the church, we ask for their forgiveness for the harm that has been, and continues to be, done to them in the name of Jesus Christ.
We implore the Synod and General Assembly levels of our church to listen to these testimonies, which are now part of this record, to take them to heart, and to do what needs to be done to move us as a church forward on this journey of reconciliation.
Wherefore: It is the express decision of this commission that you, Jane Adams Spahr, are guilty of the offenses as charged herein and recited above in this decision as charges 1, 2, and 3.
We determine that you are hereby censured by rebuke as provided in D12.0102, and we declare as follows:
Whereas you, Jane Adams Spahr, having been found guilty as stated, and by such offenses have acted contrary to the Constitution of the Presbyterian Church (U.S.A.); now therefore, the Presbytery of the Redwoods, in the name and authority of the Presbyterian Church (U.S.A.) rebukes you. You are enjoined to avoid such offenses in the future.
It is the further decision of this Commission that in the event of an appeal from this decision by either party, that this rebuke and injunction shall not be imposed until final determination of any such appeal.
Redwood Presbytery Judicial Commission August 27, 2010
The PJC chose to emphasize one provision over another.
Anyway, the struggle continues. The decision will be appealed and by the time it finally reaches the GAPJC we will be at the 2012 General Assembly. The last GA couldn't even talk about it. Given our track record, I doubt 2012 will be much different. Around and around we will go.
So what does all this say to clergy who have lesbian and gay parishioners who want their relationships acknowledged in a sacred space? It says (reading between the lines):
"Don't wait for us to get it right. We never will either judicially or legislatively until long after the wind is blowing in that direction. The church is and always will be the caboose on the justice train. Go ahead, clergy and sessions, do what your conscience dictates. When we rebuke you, recognize that is part of your calling. We crucified Christ after all."