Decision Number 1341

Decision

The Judicial Council has jurisdiction to review the Petition for Declaratory Decision of the South Central Jurisdictional Conference only with respect to the consecration of an openly homosexual bishop. To the extent that it pertains to the process of nomination, election, and assignment, the Petition is improper.

The General Conference acted within its constitutional authority when it established universal standards for the ministry in ¶¶ 304.3, 310.2(d), 341.6, 2702.1 (a), (b), and (d).

Paragraph 304.3 prohibits the consecration as bishop of a self-avowed practicing homosexual. A same-sex marriage license issued by competent civil authorities together with the clergy person's status in a same-sex relationship is a public declaration that the person is a self-avowed practicing homosexual for purposes of ¶¶ 304.3 and 2702.1(b).

Under the long-standing principle of legality, no individual member or entity may violate, ignore, or negate Church law. It is not lawful for the college of bishops of any jurisdictional or central conference to consecrate a self-avowed practicing homosexual bishop.

Paragraph 310.2(d) requires that all clergy persons make a complete dedication to the highest ideals of the Christian life, including but not limited to, their commitment to abide by and uphold the Church's definition of marriage and stance on homosexuality. An openly homosexual and partnered bishop is in violation of these minimum standards.

Paragraph 2702.1(a) (immorality) prohibits a person belonging to one of the six categories (bishop, clergy member of an annual conference, local pastor, clergy on honorable or administrative location, or diaconal minister) from practices that violate celibacy in singleness or fidelity in heterosexual marriage but does not apply to a bishop living in a same-sex marriage.

Paragraph 2702.1(b) (being a self-avowed practicing homosexual) incorporates the declaration in ¶ 304.3 as a chargeable offense. An openly homosexual and partnered bishop may be charged with being a self-avowed practicing homosexual. 

Paragraph 2702.1(d) (disobedience to the order and discipline of The United Methodist Church) prohibits a person belonging to one of the six categories from violating a corresponding obligation to perform certain acts required or to refrain from conduct prohibited by Church law. An openly homosexual and partnered bishop is not in compliance with ¶ 310.2(d), violates a corresponding obligation imposed by Church law, and may be charged with disobedience. Bishops and clergy persons who actively participate in the consecration of a bishop who has been found to be a self-avowed practicing homosexual in an administrative and/or judicial process, are in violation of ¶ 304.3 and may be charged with disobedience.

Self-avowal does not nullify the consecration and cause removal from episcopal office but is a sufficient declaration to subject the bishop's ministerial office to review. The Discipline requires the following process:

1. The jurisdictional or central conference committee on episcopacy must be informed regarding the declaration. 
2. The jurisdictional or central conference may not ignore the report, but must initiate action to review the membership of the bishop's office, including filing a complaint. If the jurisdictional or central conference does not initiate such action, then the president of the president or the secretary of the college of bishops of the jurisdictional or central conference must initiate such action.
3. The supervisory response process must be initiated to review episcopal membership and office and have as its primary purpose a just resolution of any violations of this sacred trust, in the hope that God's work of justice, reconciliation, and healing may be realized.
4. Pending the supervisory response process, the college of bishops, in consultation with the jurisdictional or central conference committee on episcopacy, may suspend the bishop from all episcopal responsibilities for a period not to exceed sixty (60) days.
5. A bishop may be placed in the retired relation regardless of age by a two-thirds vote of the jurisdictional or central conference committee on episcopacy if such relationship is found by said committee to be in the best interests of the bishop and/or the Church.
6. If the supervisory response results in the resolution of the matter, the bishop in charge of the supervisory response and the two episcopacy committee members appointed to the supervisory process shall monitor the fulfillment of the terms of the resolution.
7. If the supervisory response does not result in resolution of the matter, the president or secretary of the college of bishops may refer the matter as an administrative or judicial complaint.

At all times, the bishop's constitutional right to fair and due process must be protected. Until the completion of the administrative and/or judicial process, the bishop remains in good standing.

Member Beth Capen did not participate in this decision.

First Alternate Warren Plowden participated.