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Get updates on the recent Judicial Council ruling regarding the constitutionality of the Traditional Plan in the UMC. Explore the implications, such as changes to Episcopal authority and ordination requirements.
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2019 General Conference Update Where are we now? What’s Next for the UMC?
The Judicial Council Ruling: April 24-26 Members of the 2016-2020 Judicial Council.
The Judicial Council Ruling • The question that was asked of the Traditional Plan: if some of it is unconstitutional, does that make the whole thing unconstitutional (severability test) Answer: • “One petition does not affect the other. These petitions are not so closely related that a change in one affects the others. The petitions held unconstitutional have no effect on the petitions declared constitutional.”
Parts of the Traditional Plan that are not Constitutional dealt with the following: • Episcopal authority (3 petitions) • Board of Ordained Ministry Composition and certification (3 petitions) • Full examination of candidates for ordained ministry (1 petition)
Parts of the Traditional Plan that are Constitutional • Expansion of what it means to be a “self - avowed and practicing” homosexual • It adds “those who are in same sex marriages, or domestic partnerships or civil unions and those that have made a public statement that they are a practicing homosexual” • (Bishops are asking: does this only go forward or backwards?)
Parts of the Traditional Plan that are Constitutional • If someone is found guilty of a chargeable offense, there is a one - year without pay penalty for the first offense and the loss of ministerial credentials for the second offense • (Bishops are asking if that applies to international rules and extension ministry and when does this take effect?)
Parts of the Traditional Plan that are Constitutional • Bishops are prohibited from consecrating new bishops who are self – avowed* homosexuals even if they have been elected. • (*“practicing” has been added to the final edits)
Parts of the Traditional Plan that are Constitutional • Bishops are prohibited from commissioning or ordaining those who are on the deacon or elder track if the Board of Ordained Ministry has determined that the individual is a self-avowed, practicing homosexual • (Bishops are asking if that crossing the boundaries of our separation of powers)
Parts of the Traditional Plan that are Constitutional • The District Committee on Ministry and the Board of Ordained Ministry shall not approve or recommend persons who do not meet the qualifications after full examination, and the bishop shall rule any unqualified candidate so recommended out of order • (Again, does this cross boundaries?)
Parts of the Traditional Plan that are Constitutional • Bishops can only dismiss a complaint if it has no basis in law and the reason for dismissal is shared with the complainant • A “just resolution” must state all identified harms and how they will be addressed to the complainant • (Bishops are asking what does this mean?)
Parts of the Traditional Plan that are Constitutional • Every effort should be made for a “just resolution” to be agreed upon by the complainant • Churches can appeal a decision based on egregious errors of law
Taylor Disaffiliation Petition – Judicial Council Decision • Paragraph 41 of the Constitution governs the narrowly defined circumstance of a local church transferring from one annual conference to another but does not apply to a local church seeking to exit The United Methodist Church. Under ¶ 33 of the Constitution, the annual conference as the basic body in the Church has the reserved right to make final decisions regarding the disaffiliation of local churches within its boundaries. • Any legislation of the General Conference permitting the “gracious exit” of a local church must require at a minimum the following:
In order to disaffiliate: the disaffiliation resolution be approved by a two-thirds majority of the professing members of the local church present and voting at the church conference the terms and conditions, including effective date, of the agreement between the annual conference and the exiting local church be established by the conference board of trustees in accordance with applicable church law and civil laws, and the disaffiliation agreement be ratified by a simple majority of the members of the annual conference present and voting. When taken together with the consent of the annual conference pursuant to ¶ 2529.1(b)(3), Petition 90066 as amended meets all three requirements and is constitutional and provides a means for the disaffiliation of a local church. Our ruling with respect to the disaffiliation of a local church in JCD 1377 is modified.
Taylor Disaffiliation Petition • The board of trustees of the conference determines the terms • The church shall pay any unpaid apportionments, an extra year of apportionments, a pension liability and any other liabilities • The church shall keep their property. • There is a time limit in the petition for disaffiliation.
Wespath (pensions) Petitions Passed • Pastors who leave the denomination who have been part of our pension system will have their assets reverted to a direct compensation plan (UMPIP) and no longer a portion of direct benefit. (This does not affect retirees). • Requires any disaffiliated churches to pay a pension liability (This is huge: over $50 million)
Time Line • The traditional plan voted will take effect on Jan. 1, 2020 in the US and 12 months after General Conference 2020 for those conferences outside the US. The disaffiliation petition takes effect immediately. • General Conference 2020 will be May 5-15, 2020 in Minneapolis, MN
How to Engage: • Delegates (lay and clergy) for General Conference will be voted on at our annual EPA • Various groups are gathering around the country: Adam Hamilton, Connectional Plan groups, Annual Conferencec groups, Central Conference groups
Final Thoughts • Be gentle and prayerful with one another - LGBTQIA people, their families and friends continue to experience deep pain over these decisions
Final Thoughts • Engage in conversations with one another and share perspectives respectfully
Final Thoughts Our 2016 Discipline will be revised online only in January 2020 with any changes approved by the Judicial Council. A new Discipline will be published in January 2021, following the 2020 General Conference.
QUESTIONS • OR • COMMENTS