Memorandum Number 801

Decision

At the 1996 session of the Southwest Texas Annual Conference Bishop Raymond H. Owen was asked to rule on the following question:

In accordance with Article 4, as amended, of the Constitution and Paragraph 113 of the 1992 Book of Discipline, can a person be denied the right to lead and/or participate in activities and programs of the church on the basis of his or her sexual orientation?

Bishop Owen ruled "Question of law was not properly presented under Paragraph 2613. The question is not related to an Episcopal ruling. It is hypothetical."

At its October 1996 session, the Judicial Council ruled that in order to not be a "hypothetical" question, the request must "be presented during the session of the Annual Conference and that it relate to business of the Annual Conference." Memorandum 791. The council then found that in the instant matter, "the request did relate to an action taken by the Southwest Texas Annual Conference" (Memorandum 791), and remanded the matter for the bishop to render a decision of law.

In response to the Judicial Council request, the bishop again replied that the question was hypothetical and stated that he believed there was a misunderstanding about the question.

The bishop's response is not affirmed. The Judicial Council understands the question to be directly related to action taken by the Annual Conference related to the Conference Agency Membership Policy.

In 1995, the Conference Agency Membership Policy stated:

(a) We strongly recommend that the nominating committees of the Annual Conference and the districts exercise common sense, wisdom, imagination, Christian courage and compassion in carrying out their duties. We reject any proposal that suggests a double standard of morality one for clergy and one for lay persons and expect all clergy and laity to reflect the essence of the Christian faith. The nominating process shall adhere to the standards set forth in paragraph 420.8 and 421.1 (8) and 414.8 of the 1992 Book of Discipline.

At the 1996 Annual Conference, the one at which the request for a ruling was made, the first section of the Agency Membership was changed to read:

a) Nominees shall "for the sake of the mission of Jesus Christ in the world and the most effective witness to the Christian Gospel, and in consideration of his/her influence as [a leader], be willing to make a complete dedication of himself/herself to the highest ideals of the Christian life; and to this end agree to exercise responsible self-control by personal habits conducive to bodily health, mental and emotional maturity, fidelity in marriage and celibacy in singleness, social responsibility, and growth in grace and the knowledge and love of God." (Paragraph 420.1(8), 1992 Discipline)

The Southwest Texas Conference has violated the Discipline with such a policy. There is no authority in the Discipline given to an Annual Conference to set its own standards for membership on conference boards and agencies beyond that which is given in the Discipline. Additionally, the 1996 version of the policy quotes the Discipline, but changes words in the quotation. An Annual Conference may not paraphrase, incorrectly quote, nor summarize sections of the Discipline in its own policy and procedure documents. See Decisions 476, 700 and 736.