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United Methodist top court to review case of lesbian pastor

Jul. 27, 2005

NOTE: A graphic and file photograph are available at
http://umns.umc.org.

A UMNS Report
By Neill Caldwell*

The case of the Rev. Irene Elizabeth "Beth" Stroud - who underwent a
church trial last year after disclosing that she is a lesbian - tops the
fall docket for the United Methodist Church's supreme court.

The Stroud case is one of 14 items on the docket for the United
Methodist Judicial Council's Oct. 26-29 meeting in Houston.

Stroud, an associate pastor at First United Methodist Church of
Germantown in Philadelphia, had lost her clergy credentials following a
December church trial, but she was reinstated by an appellate court of
the denomination's Northeastern Jurisdiction on April 29. United
Methodist Church law forbids the participation of "self-avowed
practicing" homosexuals in the ordained ministry. Stroud admitted in a
2003 sermon and in a letter to her congregation that she was "a lesbian
living in a committed relationship with a partner."

The appeals court, voting 8-1, said it overruled the church trial
verdict because of two legal errors, while noting that it found
"overwhelming" evidence in support of the charge against Stroud. The
court said no body of the church had defined the words "practicing
homosexual" and "status." The word "status" appears in the church
constitution as part of an anti-discrimination clause, which states that
the benefits of membership in the church are guaranteed to "all persons
without regard to race, color, national origin, status or economic
conditions ..." Stroud's supporters argued that homosexuality falls
under the "status" designation.

The appellate court also said that a key statement in church law - "the
practice of homosexuality is incompatible with Christian teachings" - is
a doctrinal statement and not an ethical rule for clergy, and should not
be applied to Stroud.

"I expected that my case would go to the Judicial Council," Stroud wrote
on her Web site. "It is a case that could have implications for the
entire church, and so it is only right for the church's highest judicial
body to review it."

Stroud is on voluntary leave of absence as clergy and is serving as a
lay pastor at First Church of Germantown.

The Judicial Council will hold a public hearing on the Stroud case at 9
a.m. Oct. 27 in the Stansbury Building of the Westchase Campus of First
United Methodist Church in Houston. Representatives of Stroud and the
Eastern Pennsylvania Annual (regional) Conference, where she has her
membership and underwent trial, will have 30 minutes each to present
oral arguments. Afterward, the court will begin deliberations.

The court is reviewing the Stroud case following an appeal by the
Eastern Pennsylvania Conference. In its filing, the conference cited
Paragraph 2609.8 of the 2000 Book of Discipline and asserted that the
decision of the Northeastern Jurisdictional Committee on Appeals
"appears to be at variance with the Book of Discipline and prior
Judicial Council decisions."

The Rev. Keith Boyette, Judicial Council secretary, said that despite
the high profile of the Stroud case, the Judicial Council will not
deviate from its standard procedure for reporting its decisions, meaning
it will not make a public announcement at the conclusion of the fall
session. The council's decisions typically are released very shortly
after the session and posted on UMC.org, the Web site of the United
Methodist Church.

Stroud's trial followed that of another lesbian pastor in 2004. In that
case, a panel of 13 ministers acquitted the Rev. Karen Dammann of
Ellensburg, Wash., after a three-day trial that gained national
attention.

Because the jury in the Dammann case said it had found contradictory
passages about homosexuality in the church's Book of Discipline, several
petitions were passed at the 2004 General Conference to clarify and
strengthen the rules. Delegates to the assembly voted 579-376 to declare
that "The United Methodist Church does not condone the practice of
homosexuality and considers this practice incompatible with Christian
teaching." Meeting at that same time, the Judicial Council ruled a
public declaration of active homosexuality is a "chargeable offense" for
United Methodist clergy. The council also said it lacked authority to
review the Dammann verdict.

Two other items on the council's fall docket are related to issues
surrounding homosexuality. Both concern decisions of law by Bishop
Charlene Kammerer in the Virginia Conference regarding a pastor who was
placed on involuntary leave at the June 13 clergy session of annual
conference.

The Rev. Edward Johnson of South Hill (Va.) United Methodist Church was
suspended for refusing to admit a gay person into membership at the
church. Paragraph 214 of the 2004 Book of Discipline, addressing
eligibility in a congregation, states that "all persons may attend its
worship services, participate in its programs, receive the sacraments
and become members in any local church in the connection."

In other cases, the Judicial Council will:
"	Consider another request from the West Michigan Annual
Conference for a ruling on the addition of domestic partner benefits to
the conference's health benefits plan.

"	Review of a bishop's decision of law in the Rocky Mountain
Annual Conference concerning conference structure modification.

"	Consider a question from the Minnesota Annual Conference on the
treatment of a supervisory file by annual conference officers.

"	Review a bishop's decisions of law in the Pacific Northwest
Annual Conference related to the adoption of a petition titled,
"Affirming Our Unity Amongst Diversity of Opinion."

"	Address a question from the Tennessee Annual Conference on the
allocation by the General Conference secretary of additional (at-large)
members of general program boards and general agencies.

"	Review the revised structures of both the Louisiana and
Baltimore-Washington annual conferences.
"	Respond to a request from the Northern Illinois Annual
Conference regarding disabled accessibility in local church and district
facilities.

"	Consider an item from the Alabama-West Florida Annual Conference
dealing with the leave of absence of a newly commissioned person
preparing for ordination as a deacon.

Anyone who wants to comment on a matter before the Judicial Council may
submit a brief. The submission of a brief does not make one a party to
the proceeding. Briefs should be sent to Boyette at 10501 Plank Road,
Spotsylvania, VA 22553, for receipt on or before Aug. 29. Ten signed
copies of each brief must be submitted. In addition, an electronic copy
in either Microsoft Word or Corel WordPerfect format must be filed with
the secretary at judicialcouncil@umc.org if possible.

*Caldwell is a freelance writer based in High Point, N.C.

********************

United Methodist News Service
Photos and stories also available at:
http://umns.umc.org

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