What If You are Called to Serve on a Jury
for a Colleague Charged with
Performing a Same Gender Wedding?
Same gender marriage is legal in Massachusetts, Connecticut, Vermont and New Hampshire and many pastors in our conference have been asked by parishioners to conduct such weddings. The Book of Discipline of the United Methodist Church prohibits pastors from performing these ceremonies, but some clergy have decided that faithfulness to the Gospel means they cannot discriminate against their gay and lesbian members. It is possible, even likely, that there will be charges filed against some of these pastors in the days ahead. Here are some things you should know if you are called to serve on a trial court (jury) in such a case:
- You must state that you will support The Discipline (whether you agree with it or not.) If you are unwilling to make such an affirmation, you will not be allowed to serve on the trial court.
- Once you are a member of the trial court you cannot discuss the case with anyone outside of official deliberations.
- The case will be framed narrowly, focusing only on the question of whether the rule was broken. The church will not allow the rule itself to be put on trial.
- You must determine guilt or innocence based on the facts. The verdict of a trial court that ignores the facts will be overturned by the presiding officer.
- The discretion of the trial court comes in the penalty phase of the trial. The Discipline does not specify any specific penalty for this or any other offense. Penalties are left solely to the trial court to determine.
- There is no requirement for a trial court to impose the ecclesiological death penalty (removal of orders) for the exercise of pastoral conscience. Penalties can be as simple as a short suspension or a letter of reprimand to be added to a clergy member’s file.
- You are entitled to request your colleagues on the trial court to pray. Prayer is essential in determining a fitting response to the offense of love.
----------------
Prepared and distributed by the New England Chapter of the Methodist Federation for Social Action.
MFSA has been acting for peace, justice and equality since 1907.