Action doesn’t change church law, UM leaders say

United Methodist News Service
The April 29 decision by an appeals committee to reinstate the clergy credentials of a lesbian pastor doesn’t affect the denomination’s proscriptions on homosexuality, church officials say.
But the decision may raise questions about the establishment of United Methodist Church doctrine.
“The decision of the Northeastern Jurisdiction Committee on Appeals does not in any way reverse the standards in our Book of Discipline,” said a May 1 statement from the Council of Bishops executive committee. “In fact, the appeal process is an important part of our Book of Discipline.”
Irene Elizabeth “Beth” Stroud had appealed a Dec. 2 church trial court’s decision. The court found her guilty of violating church law by being a practicing lesbian and revoked her clergy credentials.
A Northeastern Jurisdiction appeals committee restored Stroud’s clergy credentials April 29.
The appeals court upheld part of the trial court’s finding but overturned the verdict in an 8-1 vote, citing legal errors.
While the appeals committee reversed the trial court’s verdict and penalty, its written ruling said, “The evidence in support of the charge was overwhelming and would be sustained in the absence of legal error.”
The panel noted two legal errors:
> Denying Stroud’s right as an ordained elder to a yearly appointment.
>“Trying and convicting (Stroud) on the basis of Paragraph 304.3 because that provision constitutes a ‘new standard or rule of doctrine’ which has not been declared by the General Conference to be ‘not contrary’ to the present standards, in violation of the First Restrictive Rule and Paragraph 102 of the Discipline.”
The First Restrictive Rule, found in the church’s constitution, states that the General Conference shall not establish any new standards or rules of doctrine contrary to the church’s existing standards of doctrine.
Retired Bishop Jack Tuell, a former attorney, said the appeals com-mittee’s decisions “are final, subject to appeal.” He said that church law “still stands,” although the Judicial Council would have to make a decision on the First Restrictive Rule and the Book of Discipline.
“The appellate court has found that there was an error made of law in the trial court when the presiding officer ruled out of order any bringing in of constitutional matters,” Tuell explained. “On that basis, this jurisdictional committee on appeals has determined that the legislation under which she (Stroud) is being tried is unconstitutional because it violates the constitution.” 
James Allen, the church’s general counsel, said the appeals committee concluded that the presiding officer of the Eastern Pennsylvania trial had the power and authority to rule on questions of church law, including constitutional challenges, and that it “was error to preclude appellant from presenting legal argument on those points.”
Comparing the church’s legal process to that of a civil court, Allen said that in a civil process, such a ruling would ordinarily have resulted in a “remand” of the matter to the trial court, with instructions to the judge to rule on those matters. In this case, rather than remand the matter for a new trial, the appellate court simply set aside the verdict.
 ”I think that is problematic, and the question of remand to the trial court will have to be considered by the Judicial Council should an appeal be made, in addition to the appeal of the reversal,” he said.
Allen said the appeal committee’s decision “is binding only on the verdict out of the trial on appeal.” The decision by the committee “has no effect whatsoever on general church law, except as it has been applied to the specific facts and questions presented by the trial of Rev. Stroud,” he said. “Only a decision by the Judicial Council can affect church law.”
The Rev. William “Scott” Campbell, chairman of the Northeastern Jurisdiction Committee on Appeals, said committee members wouldn’t comment on their verdict or their process of deliberation as long as the possibility of an appeal of their decision remains.