Memorandum Number 1508

IN RE: Request for Declaratory Decision from the Northeastern Jurisdiction of The United Methodist Church As To Whether An Annual Conference May Create and Adopt a Rule to Determine the Eligibility of a Delegate to Jurisdictional and/or General Conference Who is Actively Serving and/or Providing Leadership in a Denomination Not in Full Communion with The United Methodist Church

On July 11, 2024, a delegate to the Northeastern Jurisdictional Conference of The United Methodist Church (“NEJ”) moved to request a declaratory decision as follows:

May an annual conference create and adopt a rule to determine the eligibility of a delegate to jurisdiction and/or general conference who is actively serving and/or providing leadership in a denomination not in full communion with The United Methodist Church?

While the Judicial Council has jurisdiction to issue declaratory decisions pursuant to ¶2610.1 and the NEJ is authorized to request a declaratory decision pursuant to ¶2610.2f, the Judicial Council does not have jurisdiction to issue a declaratory decision if the question presented does not meet certain requirements established by our decisions and memoranda. See Memorandum 1114. The record presented fails to demonstrate that the request was germane to the regular business, consideration, or discussion of the jurisdictional conference and had a direct and tangible effect on the work of the jurisdictional conference session. It was not shown to relate to some action taken or to be taken by the jurisdictional conference. In addition, the request for declaratory decision failed to address a specific paragraph of the Discipline. See Memorandum 1229. Therefore, the request does not meet the requirements of a proper request for declaratory decision, and the Judicial Council does not have jurisdiction to address it.

 

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Molly Hlekani Mwayera was absent. Erin Hawkins, first lay alternate, participated in this decision.

Øyvind Helliesen was absent.