By Daniel Burke
c. 2010 Religion News Service
(RNS) For the second time in two years, the Rev. Jane Spahr is on trial in the Presbyterian Church (USA) for performing same-sex weddings.
A retired pastor and self-described “lesbian evangelist,” Spahr, 68, was acquitted of similar charges by the denomination’s high court in 2008. The same-sex ceremony she had presided over in 2006 was not really a “marriage” since neither church nor state recognized it as such, the court ruled.
Months after that ruling, Spahr again wed a same-sex couple. This time, however, same-sex marriage was legal in California. In fact, Spahr wed more than 16 gay and lesbian couples before California voters passed Proposition 8 and outlawed same-sex marriages in November 2008.
“These are marriages,” Spahr said in an interview. “They were legal marriages that were done. There is no question about that.”
Now, less than three weeks after a federal judge overturned Prop 8, a seven-judge church court in Napa, Calif., must decide whether Spahr broke church rules while following state law.
Liberal and conservative Presbyterians alike have little doubt about the outcome of the three-day trial that began Tuesday (Aug. 24). They expect the liberal Presbytery of the Redwoods to acquit Spahr.
More important, they say, is what the higher courts decide when the ruling is inevitably appealed, and how Spahr’s case plays out in the court of public opinion. A decision from the Redwoods Presbytery court is expected to be issued early next week.
With about 2 million members, the PCUSA is the largest Presbyterian denomination in the U.S., though it has been losing members for decades, with dozens of congregations leaving amid a 40-year fight over homosexuality. On Sunday (Aug. 22), the 1,700-member Colonial Presbyterian Church in Kansas City, Mo., voted to leave the PCUSA to join a more conservative denomination.
Spahr’s case also highlights a new dilemma for progressive Presbyterian pastors who live and work in the five states and the District of Columbia where same-sex marriage is legal.
At least a dozen Presbyterian pastors are marrying same-sex couples under the radar, said Pam Byers, executive director of the liberal Covenant Network of Presbyterians.
Under PCUSA law, pastors are allowed to bless same-gender unions, but are not permitted to call them marriages or represent them as such.
Many progressive pastors say the rule creates a separate-but-unequal arrangement that alienates their gay and lesbian parishioners.
In Massachusetts, where same-sex marriage has been legal since 2004, a mid-level church court convicted the Rev. Jean Southard in June of violating the PCUSA’s constitution and her ordination vows by officiating at the marriage of a lesbian couple.
Southard has appealed the conviction, which will now be considered by the PCUSA’s highest court, the Permanent Judicial Council of the General Assembly. That decision will likely come before Spahr’s case reaches the high court.
In July, delegates to the PCUSA’s General Assembly voted to lift a ban on sexually active gay and lesbian clergy. But the ban must be ratified by a majority of the church’s 173 regional presbyteries, where similar moves have been defeated four times in the last dozen years.
In the absence of a firm consensus on same-sex marriage and gay clergy, PCUSA courts have been reluctant to deliver rulings on the merits of cases like Spahr’s, often tailoring narrow judgments around technical issues instead.
Some Presbyterians predict Spahr’s trial will produce a similar result.
“A lot of time and energy and money will be spent on what in the end will probably not be a clarifying moment for the church,” said the Rev. Jerry Andrews, a San Diego pastor and moderator of the conservative Presbyterian Coalition.
“It’s doubtful it will stop at the lower level, and its interpretation (of church law) will be ambiguous, maybe intentionally so.”
But Byers said the Spahr case provides progressives with another venue to make the case — both inside and outside the courthouse — for gay marriage.
“Jane’s ministry is in two parts,” Byers said. “It is primarily pastoral, but it’s also a ministry of witness. So she has the three days of the trial to present lots and lots of witnesses. The actual import of this case and this ruling is educational.”
Copyright 2010 Religion News Service. All rights reserved. No part of this transmission may be distributed or reproduced without written permission.
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posted August 25, 2010 at 11:01 pm
I pray that Presbyterians stand their ground concerning homosexuality.
homosexuality can never be holy.
posted August 26, 2010 at 10:09 am
Homosexuality is a natural part of creation. Therefore it is, indeed, holy. Homophobia will never be holy, and its days are numbered, thanks be to God.
posted August 26, 2010 at 6:53 pm
Great admiration for Spahr and her commitment to all of her God’s children, no matter what their sexual orientation.
posted August 27, 2010 at 12:04 pm
cknuck, That you are a bigot is obvious. But that you say God made a mistake creating Gays in his image and likeness, makes me wish I could be there when you answer for it before the throne.
Not close up, mind you. Because that lightening bolt is going right up your ass!
It’s a dangerous thing when a Church Court can put one of their own on trial. Give them an inch and they’ll enact the Pyre!
I hope she wins the case. And then I hope she finds an attorney with the balls to help her sue hell out of the Presbyterian court, so that she sends her own message.
Religious groups should stay out of politics! OR be taxed!
posted August 27, 2010 at 1:41 pm
CTCNBT There is nothing in my bible that indicates God created homosexuality, as a matter of fact just the opposite he created man and woman and established marriage that they become one. You ask that religious groups stay out of politics when this has nothing to do with politics. How about politics stay out of church, that would be the correct statement or are you confused. As for things “going right up my a$$: no thanks, I’ll leave at activity to you.
posted August 27, 2010 at 8:23 pm
Remind me again why we should care what your god considers holy, cknuck? Oh, right, because he’ll torture us for eternity if we don’t. What a guy!
posted August 27, 2010 at 8:36 pm
The presbyterian USA church has been performing marriage like ceremonies for years, I know the local pastor.
The church has the right to do as it pleases, and it has accepted gay pastors in relationships. As have so many other denominations. Offical gay marriage ceremonies are only a year or two away, while they quibble on the wording.
Jesus said we are to love our neighbor as thyself. He didn’t say “excluding gays”, in fact didn’t he say something about when you denigrate any part of God’s creation, you denigrate me”
Sure some people will leave the church. The Episcpal church haa lost about 5% due to their two gay bishops, over the last 7 years. Let them leave.
In the end, love and committment of people will overcome words written and re-written over millenia to suit the times and their prejudices.
And America will become like almost all of the westernized world, recognizing gay couples in loving relationships as part of God’s plan, and worthy of our respect.
The only shame is how long it has taken, and why America is so far behind the westernized world, and other places such as Nepal, Israel, Repub of south Africa, Japan in special situation, and now much of Latin America.
I’ve actually attended one gay wedding a few years ago. Very nice ceremony, the ceremony was CAtholic, the church was Episcopal, I don’t know if the priest was Cath or Ep.
But I know the two participants. Great people, supported by their parents, and yes even very aged grandparents who came to celebrate their union under God.
Next gay wedding will be in NYC early next year, of a gay acquaintance whose mother totally, totally freaked out when he told her he was gay.
But time and God help heal wounds. And his mother and father will be there to celebrate, as will I and my wife, and it appears several hundred friends who know these people are respect them just as they are.
posted August 27, 2010 at 8:43 pm
Expect all kinds of BS and yes even hatred so carefully said that you have to read it 3 times to get the underlying meaning.
But as they say, the times are a changing. The antis are mostly religious zealots, who long ago lost their ability to think, as they got poisoned by a religiously poisoned society.
But for the most part they are the old guard. Who is 20 years will be gone.
And we’ll all be asking how we ever let the zealots poison our nation with their hatred- thats what it is, in the name of God, no less.
Someone said he’d love to be there when one of the antis stands before the throne, but he’s afraid of the lgihting bolt.
It isn’t going to be a lightning bolt. the antis may well discover that when the stand before the perly gates, the plate they are standing on is hot. Their introduction to the devils home, the plate the trap door of deliverance to hell.
posted August 28, 2010 at 12:11 am
I challenge anyone to prove any biblical support of homosexuality, there is none; and no indicators in God’s design that homosexuality supports the chain of life.
posted August 28, 2010 at 8:55 am
I challenge anyone to prove that the god of the Bible exists. If he can’t be proven to exist, why should laws be passed based on his opinion?
posted August 28, 2010 at 1:47 pm
Mordred God has proven Himself over and over people just forget, God has personal relationships with many people, obviously not with you, but that poor little fact does not decrease how real He is for His followers. But of course to people like you we who love Him and have relationships with Him are just stupid people. Stupid people who know something you don’t.
posted August 28, 2010 at 3:38 pm
And to people like you I’m stupid and evil for not believing in something without any evidence for it. That and for loving the wrong kind of people in the wrong way. So what makes you better than me?
Hey, at least I don’t think you’re going to hell like SteveMD2. I wouldn’t wish eternal torment on anyone, unlike Christians do. I’m a hell of a lot nicer than you give me credit for (no pun intended).
posted August 28, 2010 at 4:52 pm
yes people are going to hell, but no person gets to say who. people who don’t want there to be a hell are driven by fleshly desires and agendas of life, but the bible is clear about hell it is not a metaphor but a place. If we don’t want to live for God and others then it is very important that there not be a hell. I feel sorry for that person but I cannot condemn them to hell for I am not God nor do I know His agenda. So I have not called you anything other than wrong
posted August 28, 2010 at 5:04 pm
Mordred years ago people said the same thing about me and I was a lot more worse off than you could ever imagine, (well maybe you could) I was a terrible person living a terrible life very near death. God did a miraculous thing in my life that confounded those who condemned me and that change resulted in a living relationship, a covenant with God. I know I can not say what God will and will not do other than what His word tells me and according to His word He gets to condemn or call people but I can condemn behaviors and actions as a son or daughter of God I have discernment and sin is real. Everything is not good and Jesus warned us not to be like the pagans, (no offense pagan) but some Christian are drawn to be just like pagans where are is not only permissible but according to them good.
posted August 28, 2010 at 7:47 pm
SteveMD2:
Totally agree, the church has a right to do as it pleases. Also agree that in the future folks will wonder what all the fuss was about to begin with just like they now take for granted that interracial marriage is legal, and that discrimination against someone for their skin color is illegal. Equality is for all, not just heterosexuals.
posted August 28, 2010 at 7:51 pm
No offense taken, cknuck. However I have a hard time with a man as smart as I think you are believes there really is a place called “hell”.
posted August 29, 2010 at 1:33 am
And you really know that’s there not?
posted August 29, 2010 at 11:26 am
There’s as much proof against hell’s existence as there is for it (i.e. none whatsoever).
I can’t really comment on what the Presbyterian church is doing. The first amendment says they have the right to make their own rules no matter how ridiculous or out of touch with the real world they may seem to the rest of us. Of course, if people were to leave the church over this, that’s their right as well.
posted August 29, 2010 at 7:26 pm
“And you really know that there’s not?” cknuck
Yep. “Hell” IMO was thought up by the “leaders” of a religion, to help persuade folks to behave and follow the rules of a certain religion(s). Must, after all be some sort of punishment for not following the rules laid down, right? That can be accomplished by threatening a place of torture after death. (of course one must believe in a life after death to make it work). I live in the here and now, doing the best I can. I see no purpose in trying to please an invisible being or worrying about a “hell” in case I misbehave. Too much to live for right now, and in my life it is ALL GOOD.
posted August 29, 2010 at 7:54 pm
pagan I have experience that most people are unlike you and your “ALL GOOD” most live some rain has fell as a matter of fact most folk in this world have hard lives. You are very fortunate in your “ALL GOOD” state of life, so you must know something the rest of us don’t. As far as i know for every action there is a reaction, for every good there is a bad. You don’t believe in heaven or hell and for you there is no reward or promise, good for you. Man is just an accident the world is sustained by a strange series of accidents and you are happy. Some folk have seen a bigger and better picture and it drives them to to good, if people are so meaningless then what about the people with the bigger picture?
posted August 30, 2010 at 12:02 pm
“I was a terrible person”
You still are, ck. You still are.
posted August 30, 2010 at 7:51 pm
cknuck, I understand that I have been blessed more that some, starting with loving parents etc. I also understand that all folks are not like me and my family. And yes, my current state in life is still “all good”. I’m rewarded everyday just being happy to wake up beside my partner of 45 1/2 years and having all my family in my life, natural surroundings, simple pleasures etc. It’s called life with it’s ups and downs. Yes, for every action there is a reaction, your point being? Is Heaven or Hell necessary for folks? Must be, as there are those that actually think they are real places, which works for them (and you). Our boats are floating just fine, you in your lake, and me in mine.
Some folks are driven to be good because of their faith? Their “bigger and better picture” deal. Hummm, wonder how I’ve ever made it! Or my children or husband or lots of others who are more than happy in life? Seems to work real well.
Evolution has done pretty darn good. BTW, humans are no accident, or meaningless, they are refined through evolution. What about the people with the big picture?
posted August 30, 2010 at 8:58 pm
So evolution is your god or intelligent design because it has a purpose of refining right? I almost misspelled intelligent, boy that would have been funny. I guess I’ve been working too hard but several government funded human service providers have closed down for budget crisis and we are flooded with people in need. Going to try to get some rest now. pagan just because disagree with you don’t mean I don’t care for you.
posted August 30, 2010 at 9:00 pm
Oh yeah YN you don’t even know me so I will choose to ignore your ignorance
posted August 30, 2010 at 9:41 pm
No, neither “evolution” nor ID is my goddess, cknuck,
)
Hope you have (had) a good night’s sleep. Hey, disagreements are part of the game, however caring is still there on my part also.
posted August 31, 2010 at 2:05 pm
“no indicators in God’s design that homosexuality supports the chain of life.”
Nor do infertile/elderly heterosexuals who marry ‘support the chain of life’. Such a non-answer! (As usual.)
At least this event disporves the “Christian” lie that religions will be forced to marry same-sex couples.
posted August 31, 2010 at 2:40 pm
Actually grump you are incorrect there is a couple of biblical situations that prove you wrong, also several recent events prove your assertions wrong, where that older people thought infertile have had children, just a way of God confirming the design.
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