Current Issues in Presbyterian Polity

1. Current Issues in Presbyterian Polity CRE Colloquium April 21, 2012 Brush, Colorado

2. What we will cover • What makes polity Presbyterian? • Understanding our Context • The new Form of Government (including matters for inclusion in a Session Administrative Manual) • Truth and Myth about 10-A (G-2.0104b) - - - - - - - - - - - - - - - - LUNCH - - - - - - - - - - - - - - - - - - • The Mid Council report and its implications • Conscience, affinity, and polity • Issues coming before the 220th General Assembly

3. Introduction to Presbyterian polity

4. What makes a Presbyterian polity? • The Foundations of Presbyterian Polity • The Nicene marks of the church • One, holy, catholic, apostolic • The notes of the true kirk (Scot’s Confession) • Word rightly preached • Sacraments rightly administered • Discipline uprightly exercised

5. Historic Principles (F-3.02) “The radical principles of Presbyterian church government and discipline are: ‘That the several different congregations of believers, taken collectively, constitute one Church of Christ, called emphatically the Church; that a larger part of the Church, or a representation of it, should govern a smaller, or determine matters of controversy which arise therein; that, in like manner, a representation of the whole should govern and determine in regard to every part, and to all the parts united: that is, that a majority shall govern; and consequently that appeals may be carried from lower to higher governing bodies [councils], till they be finally decided by the collected wisdom and united voice of the whole Church. For these principles and this procedure, the example of the apostles and the practice of the primitive Church are considered as authority.’”

6. What does this mean? • There is one, organically connected church. • The church is governed by presbyters • The presbyters are gathered in regularly gradated councils, the larger governing the smaller • Presbyters do not represent the will of the people, but seek the will of Christ • A majority shall govern

7. What does this mean? • Higher councils have powers of review and control; lower councils have powers of reference, complaint, and appeal • Ordination is by councils not persons • Authority is shared, lodged in councils • Councils have authority to perform duties and powers • Power is delegated by constitution; powers not delegated are reserved to the presbyteries

8. Case studies • Trust clause (G-4.0201 – G-4.0207) • Group A: in light of historic principles, make case in favor of Trust Clause • Group B: in light of historic principles, make case against Trust Clause • Per Capita (G-3.0106) • Group C: in light of historic principles, make a case in favor of presbyteries having the power to mandate payment of per capita expenses by congregations or sessions • Group D: in light of historic principles, make a case against presbyteries having the power to mandate payment of per capita expenses by congregations or sessions

9. Our current context

10. Origins of Presbyterian Polity • Reformation roots • Luther - priesthood of all believers - unmediated experience of God, primacy of grace • Calvin - divine sovereignty and human sinfulness -need for order and discipline

11. Origins of Presbyterian Polity • Anglo-Saxon roots • Scots-Irish traditionalism - reliable authority rests in the tradition of the church (doctrine contained in the Westminster Standards). • Puritan revivalism - reliable authority rests in the experience of the believer (conversion experience, ongoing witness of the Spirit, personal sanctification).

12. English Puritans settled in the North (Massachusetts – Connecticut – Long Island – New York – New Jersey – Pa.) Scots-Irish Traditionalists settled in the South (Georgia – SC – NC – Virginia – Pennsylvania) Presbyterians in America

13. One church, two church?Red church, blue church? • Scots-Irish stream • Emigrated to South • Right doctrine • Theologically & culturally conservative • English Puritan stream • Emigrated to North • Right experience • Theologically & culturally liberal Red churchBlue church

14. The emerging Western stream • History of western churches is more congregational, less connected to denomination or denominational identity • Western stream is more entrepreneurial, evangelical (vs. orthodox), revivalistic, experiential, individualistic (narcissistic, transactional), optimistic, parachurch • Influences: Hollywood First PC, Fuller Theological Seminary, Dust bowl migration, history of revivals (Azusa Street, Angelus Temple, Billy Graham 1949, Robert Schuller)

15. The Changing Church 1982-2012 1982: Anticipating Reunion 2012: Anticipating Division North expected to dominate Strong central authority Financial security Information pyramid Denominational programs, mission, publications Still in the 1950s model Trying to merge two polities Conformist ethic Civil lawsuits unheard of South has dominated Weak central authority Financial insecurity Information silos Network programs, mission, publications 1950s model won’t work Trying to learn new polity Consumerist ethic Civil lawsuits more common

16. Milestone moments • 1967: Adoption of Book of Confessions • 1972: Overture H • 1972: Angela Davis controversy • 1973: Formation of PCA • 1975: Maxwell v. Presbytery of Pittsburgh • 1978: Definitive guidance on homosexuality • 1981: Rankin v. Presbytery of National Capital • 1981: Formation of EPC • 1983: Denominational reunion

17. Milestone moments • 1984: Jim Andrews elected over Bill Thompson • 1986: Louisville selected for national HQs • 1990: End of “chapter 9” organizations • 1991: Brief Statement of Faith adopted • 1991: Sexuality report decisively rejected • 1993: AIs on gay ordination • 1993: Reimagining conference controversy • 1995: Central v. Long Island decision • 1997: G-6.0106b adopted by presbyteries

18. Milestone moments • 2000: Benton v. Hudson River decision • 2000: Londonderry v. Northern New England decision • 2000: Dirk Ficca controversy • 2001: Confessing Church movement begun • 2002: Hope in the Lord Jesus Christ approved • 2004: Johnston v. Heartland decision • 2005: New Wineskins Assn of Churches begins • 2006: Peace, Unity, Purity Task Force report • 2008: Bush, Buescher, Washington decisions

19. Milestone moments • 2008: Pre-1996 AIs abandoned • 2008: AI allows scrupling on faith & practice • 2010: Mid Council Commission formed • 2011: “Fellowship of Presbyterians” formed • 2011: Amendment 10-A adopted by presbyteries • 2011: Revised FoG adopted by presbyteries • 2011: Southard v. Pby of Boston decision • 2011: “ECO” formed • 2012: Spahr v. Pby of Redwoods decision

20. Chronic Stressors on Mainline Churches • Membership decline (since 1880) • Loss of Christendom model • Marginalization in society, loss of status • Bowling Alone • Loss of volunteer base • Growth of leisure industry • Shift from church as community of identity to church as purveyor of religious services • Rate of information diffusion and social change

21. The New Form of Government Changes for the Local Church

22. Issues Surrounding the new FoG • “It has become less Christocentric” because it has subordinated the section on Christ as head of the church to one on the mission of the Triune God. • Not a confessional document; outlines the foundations of missional polity • “It is universalist because it says ‘Christ… redeems… all people.” • Not a confessional statement; is about the universal Lordship of Christ, not the universal salvation of humankind.

23. Issues Surrounding the new FoG • It diminishes the congregation by saying it is “the basic form of the church, but it is not of itself a sufficient form of the church” • Congregation is basic locus of mission; presbytery is basic locus of governance; no church is independent. • G-3.0403c permits synods to form affinity presbyteries: “with the concurrence of existing presbyteries, creating non-geographic presbyteries, subject to the approval of the General Assembly, or taking other such actions as may be deemed necessary in order to meet the mission needs of racial ethnic or immigrant congregations.” • Misreads syntax of sentence, in which “subject to the approval of the General Assembly” is an appositive. Not an “accidental power” or “loophole”

24. The New FoG and CLPs • No longer identified by title, but by function: Commissioning Ruling Elders to Particular Pastoral Service” (G-2.1001) • Commonly known as CREs; “CLP” is a misnomer because elders are not “lay”; emphasizes the role as an extension of the ministry of ruling elder. • No longer identifies required areas of training and examination (G-2.1003) • Apparent omission regarding power of Presbytery to seat as voting participant in process of being rectified (G-3.0301)

25. About Session Administrative Manuals • Now required, must include details specific to congregational context on various items. (See handouts)

26. Decisions Congregations Need to Make • Determine the quorum for congregational meetings. (G-1.0501) • Determine the period of minimum notice for a congregational meeting (G-1.0502) • Determine whether the congregation wishes to adopt Robert’s Rules as parliamentary authority. • Determine the size and composition of the congregational nominating committee (G-2.0401)

27. Decisions Sessions Need to Make • Whether to keep a list of inactive members (G-1.04) • How will you prepare people for active membership? (G-1.0402) • How will you examine those elected as deacons and ruling elders? (G-2.0104b) • What term will the session clerk serve? (G-3.0104) • Develop a manual of operations, including a sexual misconduct policy and a process for financial review. (G-3.0106, 3.0113, and 3.0205) • Obtain property and liability coverage (G-3.0112) • Determine the quorum for session meetings. (G-3.0203)

28. Using Old Book of Order as Administrative Manual • A church may as an interim measure adopt the former Book of Order as its Administrative Manual: • “The session of the ______ Presbyterian Church does hereby adopt the 2009-2011 edition of the Book of Order as the guide for the administration of mission for this church, except when:   • it conflicts with the 2011-2013 Form of Government or any subsequent versions of the Constitution of the PC(USA) • it conflicts with relevant policies of the Presbytery of the Plains and Peaks or Synod of the Rocky Mountains • it conflicts with relevant civil laws • it is amended in the currently accepted manner by the Session or Congregation.

29. Truth and myth about 10-A

30. One church, two church?Red church, blue church? • Scots-Irish stream • Immigrated to South • Right doctrine – “objective standards” • Theologically & culturally conservative • English Puritan stream • Immigrated to North • Right experience – “subjective standards” • Theologically & culturally liberal Red churchBlue church

31. Background to 10-A • Presbyterians have often disagreed over ordination standards • 1720s: Subscription to Westminster standards about powers of the civil magistrate over church • 1740s-50s: Old side/New side rift over necessity of a personal conversion experience • Mid-19th century: Slavery / slaveholders • Early 20th century: Fundamentals • Early – mid 20th century: Ordination of women as deacons (1906); elders (1930); MWS (1956) • Every one of these was debated as intensely as our present disagreements

32. Managing the polarity • Polarities are never resolved, only managed • Historically, the two poles have periodically united and divided • Managing polarities requires new mental models of being church The Covalent Bond

33. Managing the Polarity Division over the Civil Magistrate (1720s) • Subscription and Conscience • The Adopting Act of 1729 1. That all ministers and candidates must declare “agreement in and approbation of” the confessional standards “as being in all the essential and necessary articles, good forms of sound words and systems of Christian doctrine.” 2. That any minister who did not accept any particular part of the Confession or catechisms should state his scruple concerning that part, and the presbytery should then decide whether or not the scruple involved “essential and necessary articles of faith.” 3. What is “essential and necessary” was left undefined

34. Managing the Polarity Old Side - New Side Controversy (1741-1758) • “The Danger of an Unconverted Ministry” • The Plan of Reunion • 1. With respect to any action deemed essential and necessary by the church, “every member shall actively concur . . . or passively submit . . . or peaceably withdraw.” • 2. It became a censurable offense irresponsibly to accuse other ministers. • 3. Presbyteries were to examine candidates on “religious experience” as well as doctrine.

35. Managing the polarity Drafting a National Constitution (1788) • Balance between freedom and order • The “Preliminary Principles” (“Historic Principles of Church Order” G-1.0300) • “There are truths and forms with respect to which men of good character and principles may differ; and in all these they think it the duty, both of private Christians and societies, to exercise mutual forbearance towards each other”

36. Managing the polarity • Fundamentalism vs. Modernism • Special Commission of 1925 (“Swearingen”) • Essential and necessary articles could only be determined generally by the whole church through the process of amending the Confession of Faith • Essential and necessary articles could be determined particularly in the examination of individual candidates by presbyteries • "The Presbytery is the only body whose members see the candidate and hear him officially. It is the body qualified and constitutionally appointed to judge, at first hand, concerning his spirit and bearing, and his general attitude toward the service of Christ."

37. The compromise collapses • 1975 Maxwell v. Presbytery of Pittsburgh (Kenyon controversy); GAPJC declared affirmation of the ordination of women an essential theological standard. • 1978 Definitive guidance / 1993 Authoritative Interpretations / 1997 adoption of G-6.0106b declared “fidelity and chastity” an essential behavioral standard.

38. The Constitutional Crisis • Neither of these met the constitutional test set by Swearingen Commission (although ordination of women adopted as a confessional standard in 1991). • 2001 Londonderry v. Pby of Northern New England set standard that no governing body or PJC can declare a duly adopted provision of the Constitution invalid (i.e., no equivalent to Marbury v. Madison)

39. G-6.0106b • Those who are called to office in the church are to lead a life in obedience to Scripture and in conformity to the historic confessional standards of the church. • Among these standards is the requirement to live either in fidelity within the covenant of marriage between a man and a woman (W-4.9001), or chastity in singleness. • Persons refusing to repent of any self-acknowledged practice which the confessions call sin shall not be ordained and/or installed as deacons, elders, or ministers of the Word and Sacrament.

40. G-6.0106b • Posed immediate constitutional problems: • Issue of subscription (“conformity to confessions”) • Issue of essential tenets (“fidelity and chastity”) • Issue of confessional hermeneutic (“any practice which the confessions call sin”) • Use of ambiguous terms (“chastity” “repent” “practice”) • Issue of “nullity” and just application • Assumption of “common sense” reading

41. Amendment 10-A • Standards for ordained service reflect the church’s desire to submit joyfully to the Lordship of Jesus Christ in all aspects of life (G-1.0000). • The governing body responsible for ordination and/or installation (G.14.0240; G-14.0450) shall examine each candidate’s calling, gifts, preparation, and suitability for the responsibilities of office. • The examination shall include, but not be limited to, a determination of the candidate’s ability and commitment to fulfill all requirements as expressed in the constitutional questions for ordination and installation (W-4.4003). • Governing bodies shall be guided by Scripture and the confessions in applying standards to individual candidates.

42. What does Amendment A say? • Ordination involves joyful submission to Christ in all areas of life • Governing bodies MUST examine candidates on their calling, gifts, preparation, and suitability for the responsibilities of office. (per Plan of Reunion; not merely subjective or self-assertion) • Examination MUST include a determination of both ability and commitment to fulfill requirements expressed in constitutional questions (includes authority of scripture, acceptance of confessions, obedience to Christ); it MAY go beyond this. • Examining bodies apply scripture and confessions to candidates individually (per Swearingen)

43. What Amendment 10-A does NOT say? • No explicit standard on fidelity and chastity • Does NOT exempt examination from review by higher governing bodies as to whether it was conducted “reasonably, responsibly, and deliberately within the Constitution of the Church.” (G-4.0301f; Rankin v. National Capital Union Pby [Kaseman]) • Avoids problematic references to Book of Confessions; relies on established precedent

44. Managing the Polarity • 10-A intentionally seeks to restore the church to the middle-way established by the Adopting Act and reaffirmed in the Plan of Reunion/Preliminary Principles/Swearingen Commission. • Is it “local option”? Yes and no. It restores the latitude in judgment afforded examining bodies from 1729-1975; it does not permit disregard of Scripture, confessions, and Constitution.

45. About Supplemental Standards • Bush and Buescherdecisions reinforce the Swearingen conclusion that only the “General Synod” of the church (i.e., the vote of the presbyteries) can establish ordination standards • Bush and Buescher also state that nothing prohibits councils from adopting and enforcing supplemental behavioral standards (such as sexual misconduct policies) to govern officers and members.

46. About Supplemental Standards • The ACC is recommending the following be adopted as an Authoritative Interpretation: Councils may impose other requirements on those in ordered ministries, after ordination and installation, such as requirements to abide by ethics or sexual misconduct policies. These policies may be used to inform nominating and examining committees of a particular council. Nominating and examining bodies may inform potential nominees or candidates of the existence of these policies, but the policies may not be used to establish prejudicial barriers. They do not excuse a council or its examining body from its responsibility to “examine each candidate’s calling, gifts, preparation, and suitability for the responsibilities of ordered ministry,” nor do they prevent a council from determining that a waiver of one or more aspects of such policies may be warranted in light of the candidate’s examination.

47. About “de-Kenyonization” • Some believe the Maxwell decision in the Kenyon controversy (1975) requires a moderator of a session or presbytery to preside at the ordination to which the moderator is concientiously opposed. They seek protection through a “de-Kenyonization” interpretation or amendment. • Several overtures seek to side step this through a change in examination practices prohibiting asking a candidate how they will act in such a case. This addresses the specifics of the Kenyon case (ordination) but not the issue (conscience).

48. About “de-Kenyonization” • The ACC has responded to these overtures with a different proposed authoritative interpretation: The right of individual conscience to refrain from participation in an act of ordination or installation of a particular candidate for ordered ministry whose manner of life, in the judgment of the individual, does not constitute a demonstration of the gospel may not be abridged, provided that the constitutional governance of the church is not thereby obstructed.

49. The Mid council report

50. What is the Mid Council Commission? • Formed on authority of 219th GA • Consists of 20 person (one from each synod plus 4 more) • Charged to develop models of mid councils and bring recommendations to 220th GA • Originated in Synod of Southwest as a response to financial crisis • Given authority to approve boundary changes • Boriquen (Puerto Rico) issues rolled into charge