ICJ Number 7

Request of the Uniting Conference to the Interim Judicial Council to determine the constitutionality of its action by which it denied to a Lay Pastor or a Minister's Spouse eligibility for election as Lay Members in an Annual Conference.

Digest

The action of the Uniting Conference, determining that a lay pastor may not be elected as the lay member of an Annual Conference, is constitutional. The action of the Uniting Conference, determining that a minister's spouse may not be elected as a lay member of an Annual Conference, is in violation of the Constitution.

Statement of Facts

The Interim Judicial Council received the following certification from the Secretary of the Uniting Conference: "This is to certify that the Uniting Conference of The United Methodist Church in morning session, May 3, 1968, requested a declaratory decision of the Judicial Council on the constitutionality of the adoption of Calendar 253 (D.C.A. page 454) in that section which denies the right of lay membership in the Annual Conference to a lay pastor or a minister's spouse on the basis of Article IV.14."

Jurisdiction

Jurisdiction is based upon the creation of the Interim Judicial Council and the grant of authority given to it by the Uniting Conference (D.C.A. 190-192).

Decision

It is the decision of the Interim Judicial Council that the action of the Uniting Conference which provides that a lay pastor may not be elected by his charge as lay member of an Annual Conference is not in violation of the Constitution, and that the similar action which provides that a minister's spouse may not be elected by a charge as a lay member is in violation of the Constitution and is therefore void.

May 3, 1968

MURRAY H. LEIFFER

Vice President, Interim Judicial Council

J. RUSSELL THROCKMORTON Secretary, Interim Judicial Council

(Paul R. Ervin, Leon E. Hickman and Samuel W. Witwer were absent.)