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NIC VOICE News Update 05-02-2005:  Stroud Appeal Verdict - Bishops' Statement, Dissent Statement, Press

 

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NIC VOICE is a network of laity in the Northern Illinois Conference of the United Methodist Church.

 

NIC VOICE posts news related to the Northern Illinois Conference, as well as GC/JC/AC Conference updates at the NIC VOICE web site (www.nicvoice.org). 

 

Other news of interest across the UMC included in NIC VOICE  news updates are now being posted in the NIC VOICE forum at Faithful Christian Laity Discussion Forum.

 

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View previously released NIC VOICE news updates on the Beth Stroud Case here:  http://www.faithfulchristianlaity.org/discussion/viewtopic.php?t=191.

 

NIC VOICE news updates published during the trial week and after have been posted on the NIC VOICE web site:  http://www.nicvoice.org/beth_stroud_trial_updates.htm

 

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UMNS News Releases:

Reinstatement does not reverse church’s standards, bishops say (click link for pictures)

May 2, 2005

WASHINGTON (UMNS) — A decision to reinstate a United Methodist pastor who lost her clergy credentials in December under church law concerning the practice of homosexuality "does not in any way reverse the standards in our Book of Discipline," according to the denomination’s Council of Bishops.

In a statement issued May 1 as the bishops gathered for their spring meeting in Washington, the council’s executive committee said the April 29 decision of the Northeastern Jurisdictional Committee on Appeals was based on legal error, not lack of evidence. "This means that the reasons for the guilty verdict were not questioned, but the case was reversed on two questions of legal process," the statement said.

Irene Elizabeth "Beth" Stroud of Philadelphia appealed her case after a trial court of the United Methodist Church’s Eastern Pennsylvania Annual (regional) Conference found her guilty on Dec. 2 of violating church law, which forbids the ordination and appointment of "self-avowed practicing homosexuals."

Stroud continued to work at First United Methodist Church of Germantown in Philadelphia as a lay person when the court stripped her of her clergy credentials. She had informed her congregation in April 2003 that she was living in a committed relationship with another woman,

In its ruling, the appeals committee set aside both the verdict and penalty, which automatically reinstated Stroud to clergy status. It upheld part of the trial court’s finding but overturned the verdict in an 8-1 vote, citing legal errors in the trial.

The Eastern Pennsylvania Conference has 30 days to file an appeal of the committee’s decision to the Judicial Council, the denomination’s supreme court.

In an April 29 statement Bishop Marcus Matthews, who presides over the conference, said, "We will now take time to thoroughly and thoughtfully digest the Committee on Appeals decision and will take into consideration United Methodist Church law and Judicial Council rulings as we consider our options and make a decision on how to proceed."

The Council of Bishops encouraged church members "to be patient with the important legal processes involved" and pointed out that the appeal process "is an important part of our Book of Discipline."

The full statement follows:

As the Council of Bishops gathers today in Washington, DC for our spring meeting, we will continue to focus on "Making disciples of Jesus Christ for the transformation of the world." Most of our meeting will center upon sharpening this focus, including sharing reports from each bishop's Area about our progress in making disciples.

However, the announcement of the results of the hearing by the Northeastern Jurisdictional Committee on Appeals in the Beth Stroud case has been received, and we as the Executive Committee of the Council of Bishops want to encourage all United Methodists to be patient with the important legal processes involved.

The Northeastern Jurisdiction Committee on Appeals has reversed the Stroud trial decision based upon some technicalities. It also found that "the evidence in support of the charge was overwhelming and would be sustained in the absence of a legal error." The committee concluded that "legal error vitiates the verdict on two independent grounds." This means that the reasons for the guilty verdict were not questioned, but the case was reversed on two questions of legal process. The Eastern Pennsylvania Conference has thirty days to appeal this decision.

The decision of the Northeastern Jurisdiction Committee on Appeals does not in any way reverse the standards in our Book of Discipline. In fact, the appeal process is an important part of our Book of Discipline.

We as the Executive Committee of the Council, affirm our commitment to uphold all of the provisions of our Book of Discipline, while inviting everyone to join us in patience and prayer for a just and fair outcome.

News media contact: Linda Bloom, New York, (646) 369-3759 or newsdesk@umcom.org.

 

Dissent of decision of the committee on appeals

By LaGretta J. Bjorn

 

I agree with the majority opinion that the Presiding Officer did not err by excluding testimony proffered by the Trial Court.

 

I do not agree with the majority opinion that it was error for the Presiding Officer not to rule on the merits of the legal arguments raised by the Appellant. I believe that by virtue of the fact that in the pre-trial discussion the Presiding Officer decided not to allow the Trial Court to consider the Appellant’s legal arguments, in so doing, he ruled on their merits.

 

I do not agree with the majority opinion that, while we agree that the weight of the evidence sustains the charges against the Appellant, it is also possible for us to vitiate the Trial Court’s verdict. I believe these conclusions are inconsistent and add to the ambiguity and the present state of confusion surrounding the relevant Judicial Council Decisions (702, 920,980,984 and 985).

 

I do not agree with the majority opinion that the First Restrictive Rule of our Constitution is violated by Paragraph 304.3 There are other provisions in the Discipline which speak to the church’s stance on homosexuality which the majority does not and should not interpret as "doctrinal." Paragraph 806.9 bars the distribution of United Methodist funds "to any gay caucus or group, or otherwise use such funds to promote the acceptance of homosexuality." Paragraph 332.6 provides "Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches." The majority does not seek to hold either of these provisions of the Discipline as "doctrinal" statements. Using the majority opinion’s definition of paragraph 304.3 as "a new standard rule of doctrine," these two paragraphs would be subject to challenge on the same basis.

 

Most importantly, in regard to the majority opinion’s characterization of Paragraph 304.3 as "doctrinal," it is not within the purview of the appellate body to legislate, which is what it attempts to do by deeming paragraph 304.3 "a new standard of doctrine." No definition of "doctrine" is found in the Discipline. For the majority opinion to presume to define "doctrine" as "establish(ing) a definitive interpretation of Christian teaching on a particular subject and binds the church to act in accordance with that interpretation" constitutes an attempt to create legislation. Paragraph 2715.7 limits the power of the appellate body to "two questions only: (a) Does the weight of the evidence sustain the charge or charges? (b) Were there errors of Church law as to vitiate the verdict and/or penalty?" Paragraph 2715.8 delineates the parameters of the responsibilities of the appellate body; these duties do not include creation of legislation.

 

Rev. LaGretta Bjorn, pastor of Spring Valley (N.Y.) United Methodist Church is a member of the Northeastern Jurisdiction Committee on Appeals, the committee that cited legal errors in overturning the Dec. 2 verdict against the Rev. Irene "Beth" Stroud. She was the lone dissenter on the nine-member committee.

 

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Bishop Coyner Issues Statement Regarding Decision In Stroud Appeal (e-HUM, 4/30/05) As posted at www.laitynicumc.org (Northern Indiana Conference Laity)

"Bishop Michael Coyner has issued the following statement with regard to the decision of the Committee on Appeals of the Northeast Jurisdiction for the Stroud trial: 

The Northeastern Jurisdictional Committee on Appeals has reversed the Stroud trial decision based upon some technicalities, while also finding that "the evidence in support of the charge was overwhelming and would be sustained in the absence of a legal error." The committee concluded that "legal error vitiates the verdict on two independent grounds." This means that the "guilt" of the person was not questioned, but the case was reversed on two questions of legal process. The Counsel for the Church (who serves like a prosecuting attorney) will be appealing this decision to the Judicial Council of the United Methodist Church for a final ruling. In the meantime, I commend Beth Stroud for her own pledge that she is "not going to exercise the functions of ordained ministry ... until the whole process is concluded." I would urge all United Methodists to exercise the same patience as we allow our normal legal processes to reach a final and fair conclusion in this case."

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Bishop Schol's letter regarding Beth Stroud decision

April 29, 2005

Dear Sisters and Brothers:

Today, the Rev. Beth Stroud, who was convicted of being a "self-avowed, practicing homosexual" last December, in violation of our church's Book of Discipline, and who had her clergy credentials withdrawn as a result, had that verdict and penalty reversed and set aside as the result of a hearing by the Committee on Appeals of the Northeast Jurisdictional Conference.

Like the earlier trial outcome, I know that within the Baltimore-Washington Conference, we have pastors and members that are frustrated and hurt by the outcome. Others may agree with the outcome.

Even in the midst of our differing opinions, I hope each of us at this time will keep the church, our leadership, our pastors and our congregations in our prayers. The results today are one step in the continued dialogue about the issue of homosexuality.

The ruling of the trial court was appealed on a number of different issues. The hearing essentially said that not everything was done to give Beth a fair trial last December. As United Methodists, we believe in fair process in trials, particularly when it involves the possibility of withdrawing someone's clergy credentials.

The appeals court did not say if Beth was guilty or not guilty; that was not in their purview. What they did ensure is that Beth, like every other clergy person in the denomination, received a fair trial. For a variety of reasons, the Committee on Appeals said that that did not happen.

Many will ask, "What happens next?" The counsel for the Eastern Pennsylvania Conference has the right to appeal this ruling to the church's "Supreme Court," the Judicial Council. As of today, that decision has not been made.

If you are getting questions or comments about the Stroud appeal decision, you can find more information at www.umc.org/umns/, which has a news story, a copy of the decision, and a "Q & A" sheet.

In the wake of the appeal committee's decision, I am more committed than ever to stay at the table, and I invite you also to stay at the table and continue to be in this conversation. As I mentioned in my letter to you last December, I pray and hope that during this time, each of us will serve as healers and bridge-builders.

As pastoral and lay leaders, we can share and interpret the facts of this ruling to our congregations and communities that will build understanding rather than heighten divisiveness.

By demonstrating our love for and commitment to The United Methodist Church in the midst of differing opinions, we will communicate our confidence that God will lead us through these challenging times.

I am grateful for your integrity, caring and commitment in this and all matters of faith and ministry.

In Christ,
John R. Schol

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Methodist Appeals Committee Reinstates Lesbian Pastor
Conservative Activist Chides Committee's Rationale as 'Simply Silly'

Agape Press

By Jim Brown and Jody Brown
May 2, 2005

<snip>

"In the short term it'll give some encouragement to the supporters of the acceptance of homosexual practice and Beth Stroud's supporters and discourage more orthodox believers," Tooley offers, "but I hope that those who are on the biblical side of the issue will not be discouraged because the end result here is that the Judicial Council will have its first opportunity since last year's General Conference to issue a ruling on this topic."

The Judicial Council, which is the denomination's top court, ruled last year that practicing homosexuals are not to be appointed to a United Methodist pastorate. Tooley says he expects that church body will almost certainly restore the verdict of the original church trial jury.

"[B]ased on demographic and political trends in the United Methodism around the world, there is almost no way that this denomination will reverse course on the issue of homosexuality and follow the path of the Episcopal Church," Tooley states. "The end result of the Stroud appeal will be, ironically, a stronger church stance on the prohibition of extra-marital sexual behavior by its clergy."

In fact, the UMC Council of Bishops announced on Sunday (May 1) that the Stroud reversal "does not in any way reverse the standards" in the UMC's Book of Discipline.

Stroud told United Methodist News Service that she has no plans to resume her ministerial duties until the entire appeals process is complete. To do so, she said, would "trivialize" the sacred trust of ordination. But speaking at an interfaith service in Philadelphia on Sunday, Stroud stated it is a shame that some churches still consider homosexuality a sin. Also speaking at that service was openly homosexual Episcopal Bishop V. Gene Robinson of New Hampshire.  Read More

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Press Articles on Beth Stroud’s Comments at the Equity Forum in Philadelphia, PA on May 1st:

 

"Other faith traditions out there have tried to shut us down and tell us we're not worthy," said Stroud, speaking along with New Hampshire Bishop Gene Robinson at an interfaith service in Christ Church. "I pray for a day when no one will experience discrimination."

 

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Beth Stroud, a United Methodist minister from Germantown whose defrocking for her lesbian relationship was overturned by an appeals panel Friday, told the hundreds gathered there to find strength in God's love.

 

"Don't be afraid," said Stroud, who gave the benediction. "Love one another. You are not alone. You are God's beloved."

 

Philadelphia Rights Celebration Hailed As Unqualified Success
365Gay.com - USA
(Philadelphia, Pennsylvania) A Methodist minister who had ... of supporters at celebrations to mark the 40th anniversary of the nation's first gay rights protest. ...

Philadelphia group marks anniversary of early gay rights ...
Macleans - Toronto,ON,Canada
... gay minister Irene Stroud and the Episcopal Church's first openly gay bishop call ... a relationship with another woman, was reinstated by a Methodist court last ...

Gay-rights activists say their struggle continues
Philadelphia Inquirer - Philadelphia,PA,USA
... was one of 11 people arrested in October during Outfest, a gay-pride block ... Beth Stroud, a United Methodist minister from Germantown whose defrocking for her ...

Gay-rights activists say their struggle continues
Philadelphia Inquirer - Philadelphia,PA,USA
... Beth Stroud, a United Methodist minister from Germantown whose defrocking for her lesbian relationship was overturned by an appeals panel Friday, told the ...

Group marks anniversary of early gay rights demonstration
Centre Daily Times - Centre County,PA,USA
... Hall to hear gay minister Irene "Beth" Stroud and the ... Stroud, who was defrocked after she told her Philadelphia ... woman, was reinstated by a Methodist court last ...

Philadelphia group marks anniversary of early gay rights ...
Macleans - Toronto,ON,Canada
... decision could be overturned if leaders with the United Methodist Church decide to ... worthy," said Stroud, speaking along with New Hampshire Bishop Gene Robinson ...

Embattled Methodist minister speaks at gay rights celebration in ...
KFVS - Cape Girardeau,MO,USA
... who was defrocked, only to be reinstated last week by a Methodist appeals panel ... Church in Philadelphia Sunday along with the openly gay Episcopal Bishop V. Gene ...

Minister Speaks at Pa. Gay Rights Rally
ABC News - USA
Bishop Gene Robinson addresses the congregation at Christ Church in Philadelphia ... PHILADELPHIA May 1, 2005 -- A Methodist minister who had been defrocked for ...

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For reference:  UMNS Coverage

Stroud Appeal Coverage

The latest coverage of the April 2005 Beth Stroud appeal as reported by the United Methodist News Service.

 

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News Updates Previously Released by NIC VOICE Regarding Beth Stroud Trial:

Pre-Trial Updates (posted at the NIC VOICE Forum at Faithful Christian Laity)

Collection of Trial and Appeal Press Reports at Beth Stroud’s Web Site

 

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