GAPJC Finds Massachusetts Minister Not Guilty for Legally Marrying Two Women Parishioners
The General Assembly Permanent Judicial Commission (GAPJC) ruled on February 8 that the Rev. Jean Southard “did not violate the Book of Order or her ordination vows” when she conducted the legal marriage of two of her parishioners at the First Presbyterian Church of Waltham, Massachusetts. Same-gender marriage has been legally recognized in Massachusetts since 2004.However, the decision went on to note that regardless of the legal status of same-gender marriage under state law, ministers must be directed by the current constitutional interpretation that “a same sex ceremony can never be a marriage” within the church. On this point, five of the fourteen commissioners called the church constitution “contradictory,” and eleven of the fourteen called on the church’s legislative body to take action. The decision rested in part on the exact timing of the marriage in question, before the GAPJC had ruled in a separate case.In a concurring opinion, five commissioners noted that
"While we agree with the constitutional interpretation of the majority, we are intensely troubled by the underlying issue – the marginalization of gay, lesbian, and bisexual people by the constitution of the Presbyterian Church (PCUSA). This issue is larger than the PCUSA. It is a human rights issue.
"The PCUSA is reformed and always being reformed. The constitution is contradictory in its language regarding the acceptance of our gay, lesbian, and bisexual brothers and sisters into the full fellowship of the church."
The 219th General Assembly in 2010 declined to take up the pastoral crisis facing clergy in states that legally recognize same-gender marriages.“What’s clear from the commissioners’ concurring opinions is that there are still contradictions in our church constitution that need to be resolved,” said Sara Taylor, of Rev. Southard’s legal defense team. “The refusal of the church to ecclesiastically support these marriages is in direct contradiction to its calls for inclusiveness and oneness in the body of Christ. I’m pleased to see that these commissioners recognized this and that eleven of the fourteen are clear that the church leadership must take a stand and resolve these contradictions.”Today, in churches across the country, ministers with LGBT congregants still have to choose whether to use their pastoral discretion to perform a same-gender marriage and face possible prosecution in church courts, or discriminate against some parishioners.“I am grateful to the Permanent Judicial Commission for finding that I should not be censured for the marriage I performed,” said Rev. Southard, who has been a minister for 22-years. She added, “I am saddened that this verdict does not make it possible for ministers to do the good and loving thing for their parishioners without the fear that someone will accuse them of violating church law.”The ruling by the GAPJC ends a long trauma for Rev. Southard, who was initially found not guilty by the PJC of the Presbytery of Boston. However, that “not guilty” verdict was appealed to the Synod of the Northeast PJC, which found her guilty and remanded the case to the Boston PJC to determine the appropriate censure. The ruling from the GAPJC – the highest court in the Presbyterian Church (USA) – overturned the Synod’s decision.The ruling may have implications – as yet unclear – for other pending appeals, including the disciplinary appeal by the Rev. Dr. Jane Spahr, who performed a number of same-sex marriages in California during the several months of 2008 during which they were legally sanctioned in that state.The Presbyterian News Service and Presbyterian Outlook covered the decision.
