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Bishop issues two rulings of law

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Bishop John Schol responds to queries put forth at annual conference.

From time to time, bishops are requested to rule on whether a circumstance or issue is within the law of our United Methodist Book of Discipline. Bishops are asked for such a ruling, because bishops above any other person or general board or agency are responsible for interpreting and carrying out the laws of the church.

Requests must be done according to the Book of Discipline, and therefore occur when the Church is in official holy conferencing bodies, such as annual, jurisdictional and general conferences. They must be given in writing to the secretary during the session of annual, jurisdictional or general conferences.

A bishop’s role is not to state whether the bishop agrees or disagrees with the issue before the conference but if the question at hand is legal under church law. In making a ruling, bishops use the Book of Discipline, previous rulings within the church and Judicial Council decisions.

The Judicial Council is the Supreme Court of The United Methodist Church and reviews all bishops’ rulings of law and determines if the bishop has ruled appropriately.

At the June 2009 Annual Conference Session, Bishop John Schol received two requests for rulings.

The first Bishop Schol ruled out of order because procedurally the request was about an issue that was not before the annual conference. A bishop can only rule on an issue that is actually before the annual conference.

In Bishop Schol’s second ruling, he ruled the legislation before the conference was in order for the reasons stated below.

You may learn more about the Judicial Council, bishops’ rulings or church law by going to www.umc.org and type “Judicial Council” in the search bar.

First 2009 Ruling of Law

The following request for a ruling of law was received during the June 4, 2009, clergy session of the Baltimore-Washington Conference.

Request for a Ruling of Law

In light of ¶604 in the 2008 Book of Discipline, which states “the Annual Conference, for its own government, may adopt rules and regulations not in conflict with the Discipline of the United Methodist Church, provided that in exercise of its powers, each annual conference shall act in all respects in harmony with the policy of the United Methodist Church with respect to elimination of discrimination.”

I stand to request a decision of law.

Is the practice and policy of the Baltimore-Washington Conference as referenced in the role and responsibilities of District Superintendent and Adventure Guides that all such persons employed in the capacity of Adventure Guide be empowered to conduct local church charge conferences whether or not they are an Elder in the United Methodist Church, compatible with ¶246.5 in the 2008 Book of Discipline?” – Rev. Laura Easto, an Elder of the Baltimore-Washington Conference

Bishop’s Ruling

The request for a ruling is moot and hypothetical, The ruling is grounded in Judicial Council Decisions 33, 396, 651, 746, 747, 762, 763, and 799. These decisions maintain that a question of law must relate to the business, consideration or discussion of the conference session. There was no legislation, discussion or business concerning church charge conferences during the session.

Second 2009 Ruling of Law

The following request for a ruling of law was received during the June 6, 2009, morning session of the Baltimore-Washington Conference.

Request for a Ruling of Law

I rise to request a ruling of law, whether the resolution on pp. 69-70 (of the Pre- Conference booklet) is in order and properly before us, in that the language of lines 29-32 on p. 69 lacks the qualifying language of Disciplinary ¶161F on Human Sexuality, and thereby establishes a new and different standard on sexuality from the Discipline. – Rev. Charles Harrell, an Elder within the Baltimore-Washington Conference.

 

[The paragraph in question on pp. 69-70 of the Pre-Conference Booklet states: We recognize that sexuality is God’s good gift to all persons. We believe persons may be fully human only when that gift is acknowledged and affirmed by themselves, the church, and society. We call all persons to the disciplined, responsible fulfillment of themselves, others, and society in the stewardship of this gift.]

Bishop’s Ruling

The resolution is not out of order based on the paragraph questioned in the request for a decision of law.

Rationale

This ruling is based on four factors:

The request for a ruling does not state specifically the clarifying language to be included and therefore it cannot be determined what other language may have been included.

There is nothing in this paragraph that contradicts the Discipline or establishes a new and different standard on sexuality from the Discipline or the teachings and beliefs of the Social Principles.

The paragraph in question is a statement of belief:

We recognize that sexuality is God’s good gift to all persons. We believe persons may be fully human only when that gift is acknowledged and affirmed by themselves, the church, and society. We call all persons to the disciplined, responsible fulfillment of themselves, others and society in the stewardship of this gift.

An annual conference may without contradicting the Book of Discipline state what it believes.

The Social Principles are not church law and encourages prayerful, studied dialogue. This paragraph was a part of the prayerful studied dialogue of the Church (opening paragraph of 161G of the 2004 Book of Discipline) and the Baltimore-Washington Conference may continue to use the paragraph in question in their prayerful studied dialogue in keeping with the intent and spirit of the Social Principles.

The preamble of the Social Principles states:

“The Social Principles, while not to be considered church law, are a prayerful and thoughtful effort on the part of the General Conference to speak to the human issues in the contemporary world from a sound biblical and theological foundation as historically demonstrated in United Methodist traditions. They are a call to faithfulness and are intended to be instructive and persuasive in the best of the prophetic spirit. The Social Principles are a call to all members of The United Methodist Church to a prayerful, studied dialogue of faith and practice.”

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