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By Neill Caldwell
UNITED METHODIST NEWS SERVICE

The United Methodist Church?s top court says the denomination?s annual conferences may pass petitions that disagree with court decisions, as long as they do not mandate any violation of the Book of Discipline or ignore directives included in those decisions.

Meeting Oct. 25-28, the United Methodist Judicial Council considered several petitions that stemmed from a ruling it issued last fall, Decision 1032, which dealt with a Virginia pastor who denied membership to an openly gay man. The nine-member council ruled that a pastor has the right to determine who is ready for church membership.

During last May?s annual meeting of the Baltimore-Washington Conference, a petition encouraging churches to be inclusive was ruled to be in order by Bishop John R. Schol because it 'represented the hope of the annual conference.' Judicial Council - which routinely reviews all bishops? rulings during annual conference sessions - agreed with Bishop Schol.

A similar petition from the Kansas East Conference went beyond the court?s standard, the council said, but did not violate the specific paragraphs in the Book of Discipline that were cited in the request for a decision.

The difference is in the wording. The Baltimore-Washington?s petition 'expects and encourages its congregations and clergy' to be inclusive, the Judicial Council said. Because it is 'aspirational in nature' it does not violate Paragraph 16.1 of the church?s Constitution, the court said in Decision 1044.

The Kansas East petition reads: 'No pastor ? shall deny membership solely based on the candidate for membership being a self-avowed practicing homosexual.' That is' proscriptive language' according to the Judicial Council, meaning the resolution 'does more than express ideals and opinions?' according to the analysis and rationale section of Decision 1052.

Addressing the Kansas East petition, the council reiterated that annual conferences are welcome to express ideals and opinions, but cannot direct pastors or lay members to do something that is contrary to the Discipline or past council decisions.' All actions of an annual conference must be faithful and consistent with the Discipline,' the council said. 'Annual conferences may express disagreement with other bodies of the United Methodist Church, but they are still subject to the Constitution, the Book of Discipline and the decisions of the Judicial Council.'

The Judicial Council deferred six cases on its 20-item docket, including one from the Baltimore-Washington Conference concerning the constitutionality of the Plan of Organization for the Annual Conference, until its spring session, which will be held April 25-28 in Manila, the Philippines. That will be a historic meeting, as it will be the first time a United Methodist Judicial Council has convened at a location outside the United States.

The Judicial Council also ruled that the 2004 General Conference was within its authority to limit the Methodist Church of Cote D?Ivoire (Ivory Coast) to two General Conference delegates.

More information on the recent Judicial Council rulings is available at http://umns.umc.org.