Judical Council decisions are outrageous
I am grateful for the faithful witness of the Rev. Beth Stroud and other LGBT United Methodists during these difficult days. Our denomination is resisiting the movement of God toward full inclusion and reconciliation. Decisions (1027 and 1032) issued recently by the United Methodist Judicial Council are outrageous. They demonstrate that this Judical Council is determined -- no matter what -- to discriminate against LGBT United Methodists.
Decision 1032 is the worst. Other rulings about sexual orientation issues will be embarrashing to almost everyone when they read them 2o years from now. Decision 1032 --which permits pastors to deny church membership based on sexual orientation, and perhaps for pretty much any reason -- is embarrashing now to anyone who has a basic grasp of the English language.
The ruling hinges on our understanding of the word "may." Read what the Judicial Council has said:
Paragraph 214 [of the Book of Discipline] states: "Eligibility – The United Methodist Church is a part of the holy catholic (universal) church, as we confess in the Apostles' Creed. In the church, Jesus Christ is proclaimed and professed as Lord and Savior. All people may [emphasis added] attend its worship services, participate in its programs, receive the sacraments and become members in any local church in the connection . . . . ” The operative word in connection with the phrase "become members in any local church in the connection" is "may." Decision 930 established the premise that "shall" cannot be used to replace "may" in the Discipline. Thus the General Conference has determined that any person “may” become a member of any local church in the connection.
This is a most amazing and twisted way to interpret the word "may" in this circumstance. The council's argument makes no sense.
Yes, the word "may" is permissive, but in this case the subject of the verb "may" is clearly "all people," not the pastor or local church. It is "all people" who may "become members in any local church in the connection."
The Judicial Council's argument that the Discipline does not say "shall" is nonsensical. What sense would it make to substitute "shall" for "may". Then the sentence would read: "All people shall attend its worship services, participate in its programs, receive the sacraments and become members in any local church in the connection . . . ”
Obviously the two alternatives here are not "may" or "shall," but "may" or "may not." If the Book of Discipline does not mean to allow "all people" to choose to join our churches, it should say, "All people may or may not ... become members in any local church in the connection . . . ”
I do strongly agree with one statement in Decision 1032: "may means may." Yes, it does. And "all people may ... become members of any local church in the connection ..." May means may.
In Decision 1027, the Judicial Council argues that Beth Stroud's orginal trial was fair because she was not discriminated against due to her status. This is what the Judicial Council says about this:
The lack of a definition for “status” does not deny Rev. Stroud due or fair process. She can and has asserted that her ministerial office has been jeopardized because of the fact that she is a practicing homosexual and has argued that such action violates constitutional provisions to ensure the inclusiveness of the church. We hold that ¶ 304.3 is not directed at the status of being a homosexual or having a particular sexual orientation. No provision of the Discipline bars a person with a same-sex orientation from the ordained ministry of The United Methodist Church. Rather ¶ 304.3 is directed towards those persons who practice that same-sex orientation by engaging in prohibited sexual activity. Likewise, persons who have a heterosexual orientation who practice that orientation in prohibited ways – by not practicing fidelity in marriage and celibacy in singleness as required by ¶ 304.2 – are subject to chargeable offenses. Regulation of practice does not violate the “status” provisions of the Constitution.
To say that some clergy are denied the joys and comforts of human love, marriage and family while others are permitted such is discriminatory. Straight clergy are required to be faithful. Gay and lesbian clergy are required to be celebate. What about this isn't a double standard?
So today some of us are appropriately outraged. May our outrage fuel the struggle for justice, inclusion, and reconciliation.





