On Aug. 23, the Synod of the Pacific Permanent Judicial Commission, a regional body of the Presbyterian Church ( USA ) , reversed the Presbytery of the Redwood's previous acquittal of any wrongdoing by the Rev. Jane Spahr in her decision to officiate at marriage ceremonies for two lesbian couples.
The Synod stated, 'Although the Rev. Dr. Spahr had acted with conscience and conviction, her actions were contrary to the [ Presbyterian Church ( USA ) ] Constitution as it is authoritatively interpreted.' In a 6-2 vote, the Synod directed that a finding of guilty be entered, and Spahr receive the censure of rebuke, which was the lightest punishment possible for the offense.
Originally, the Presbytery of the Redwoods, a lower governing body, had voted 6-1 for her acquittal, finding that she had acted within her rights due to her conviction of conscience.
Rev. Spahr told Windy City Times, 'For me not to do these weddings would be going against my call, going against my conscience and going against my faith.'
According to Spahr's attorney, Sarah Taylor, prohibiting same-sex marriage is not an essentially held belief of the church and, therefore, Spahr had the right to act out of private conscience, whereas, if it were an essential belief of the church she would not have had that right.
Taylor said that a 1991 case that could appear to prohibit same-sex marriage does not contain the necessary wording to do so and that specific language is required for such a restriction.
Since 1978, the role of the LGBT community has been a controversial issue within the Presbyterian Church ( USA ) . Presently, LGBT folks are welcome to attend mass and participate in the church, but are restricted from holding leadership positions.
Taylor explained that, in essence, the church seems to promote the belief that the individual is not a sinner, but that the practice is sinful.
The church is also clearly divided on the issue of supporting same-sex marriage. Taylor pointed out, 'At no level of the church, the presbytery or the synod, is there any lack of support for what she was doing.'
Spahr explained that in the past the LGBT community came to her for commitment ceremonies and only in the last two to three years has there really been a specific request for the marriage ceremony as it is performed for their heterosexual counterparts in the church.
'For me to say that one is better than the other…I don't even think like that. It's got to be equal. … I'm not only for equal rights, I'm for equal rites,' explained Sparh.
Spahr believes that the mixed message the church is sending is harmful to the LGBT community—a message that could create internalized homophobia, and must be changed to promote a healthy and equal community of worship.
'I think the thing is when you have the church saying that our relationships are less than and that we cannot be in leadership, think what that does to a person,' Spahr said. 'It says not only that we are not equal, but it also promotes stereotypes and myths about who we are. And, in some cases, it gives people license to do violence against us. That is atrocious. So with that, it affects people when you say come and be with us, but you can never serve in leadership…I believe that the church participates and is complacent with the violence that happens to us.'
Spahr points to the foundations of the Presbyterian Church: 'The founder of this religion challenged every system of oppression, in his faith community and in government. … He empowered those that were labeled less than and we have a responsibility of stopping this violence, stereotyping and mythologizing who people are whatever the issue may be.'
Spahr is set to appeal the case to the General Assembly Permanent Judicial Commission, the highest governing body of the Presbytery Church, and whose decision will have a national influence on similar cases.
In discussing the decision, Taylor said, 'I think the key thing is that the appeal is not about Jane and the discipline. The appeal is strictly about the full inclusion of all members of the church, and it is about every member of the church having discretion when this does not involve an essential.'
'I want the church to become the hospitable welcoming place that I know it can be. I want the church to be a place that supports relationships,' said Spahr.