Decision Number 1402

SUBJECT TO FINAL EDITING


April 16, 2021

DECISION NO. 1402 — IN RE: Request from the Michigan Annual Conference for a Declaratory Decision on whether the “performance of ceremonies that celebrate homosexual unions…by our ministers” is “distinctively connectional” and therefore within the powers granted to the General Conference in Paragraph 16, Article IV of the Constitution of the United Methodist Church or whether General Conference exceeded its constitutionally granted power in prohibiting the performance of “ ceremonies that celebrate homosexual unions…by our ministers” in ¶ 341.6 of the 2016 Book of Discipline and in making the performance of these ceremonies a chargeable offense under ¶ 2702.1.b.

Digest


The General Conference acted within its constitutional authority in prohibiting the performance of “ceremonies that celebrate homosexual unions…by our ministers in ¶ 341.6 of the 2016 Book of Discipline and in making the performance of those ceremonies a chargeable offense under ¶ 2702.1.b. 

Statement of Facts


On the third day of the Michigan Annual Conference, Saturday, June 1, 2019 a clergy member of the Annual Conference requested a Declaratory Decision on whether a ceremony celebrating a homosexual union and/ or performing a same sex wedding are “distinctively connectional.” The motion before the Annual Conference was:

As paragraph 16, article IV states, “General Conference shall have full legislative power over all matters distinctively connectional” and in using this constitutionally granted authority, prohibits the performance of these ceremonies in paragraph 341.6.  In addition, as listed, the performing of these ceremonies is a chargeable offense as found in paragraph 2702.1.b.  Therefore, if the performing of these ceremonies is deemed to not be “distinctively connectional”, has the General Conference exceeded its constitutionally granted power in prohibiting them?

The motion was adopted. This Petition for a Declaratory Decision was presented to us by the Michigan Annual Conference.

Jurisdiction


The Judicial Council has jurisdiction pursuant to ¶ 2610.1. The Michigan Annual Conference has standing to file this Petition for Declaratory Decision under the provision of ¶ 2610.2(j).

Analysis and Rationale


Under the Constitution, the General Conference has “full legislative power” to “define and fix the powers and duties of elders, deacons, supply preachers, local preachers…” Const. ¶ 16.2. We have held in a series of decisions of the Judicial Council that the General Conference acted within its constitutionally granted authority in prohibiting our ministers from participating in ceremonies celebrating homosexual unions and in making the performance of those ceremonies a chargeable offense. See JCD 313, 318, 536, 823, 1321, 1341, and 1366.

Decision


The General Conference acted within its constitutional authority in prohibiting our ministers from participating in ceremonies celebrating homosexual unions and in making the performance of those ceremonies a chargeable offense.

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