Chart of top court's rulings on GC2019 legislation

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2019 General Conference Legislation - Judicial Council Decisions

The Judicial Council, at its April 2019 meeting, ruled on actions taken by the special General Conference.

Chart with complete text of each petition.

 

 

CONSTITUTIONAL PER DECISION 1378
Effective Jan. 1, 2020 (U.S.) / May 2021 (Africa, Europe and the Philippines)

Petition 90032 - Footnote 1 Qualifications for Ministry - ¶ 304.3
Expands the definition of "self-avowed practicing homosexual" to include those “living in a same-sex marriage, domestic partnership or civil union, or is a person who publicly states she or he is a practicing homosexual.”

Petition 90036 - Episcopal Responsibilities - ¶ 415.6
Prohibits bishops from consecrating, commissioning or ordaining self-avowed homosexuals. (The text does not include the word “practicing.”)

Petition 90042 - Minimum Penalty - ¶ 2711.3
Mandates penalties for clergy convicted of performing same-sex wedding ceremonies. Those penalties are a one-year suspension without pay for the first offense and termination of conference membership and church credentials for a second offense.

Petition 90043 - Qualifications for Ministry - ¶ 304.5
Prohibits conference boards of ordained ministry from approving candidates not meeting ordination standards regarding sexuality.

Petition 90044 – Complaint Process - ¶¶ 362.1 e) and 413.3 d)
Allows complaint dismissal only if it has no basis in law or fact and mandates information shared with the complainant during the complaint process.

Petition 90045 (excluding the second sentence) - Just Resolution –¶¶ 362.1, 413.3(c), 2701.5, 2706.5(c)3
Expands just resolution requirements to include a statement of harms involved and how the resolution addresses them. [Note: A sentence mandating that each just resolution include a commitment by the respondent not to repeat the violation was ruled unconstitutional and is therefore null and void.]

Petition 90046 - Just Resolution - ¶¶ 362.1(c), 413.3(c), 2701.5, and 2706.5(c)3
Requires the complainant to be a party in the just resolution process.

Petition 90047 - Church Appeal - ¶ 2715.10
Allows the church to appeal errors of law from trial court findings to the Judicial Council.

 

CONSTITUTIONAL PER DECISION 1379
Effective immediately (U.S.) / Jan. 1, 2021 (Africa, Europe and the Philippines)

Petition 90066 - Disaffiliation - NEW ¶ 2553
Establishes “limited rights” and requirements for churches to disaffiliate for reasons related to church law on homosexuality and retain local church property.

 

UNCONSTITUTIONAL PER DECISIONS 1378, 1377, 1366
Null and void

Petition 90033 - Episcopal Accountability - ¶ 408.3
To change the process for involuntary retirement of bishops - Violates the constitutional guarantee of the right to appeal.

Petition 90034 - Episcopal Accountability - ¶ 410.5
To create new category of involuntary leave for bishops - Violates the constitutional guarantee of the right to appeal.

Petition 90035 - Episcopal Accountability - ¶ 422
To create new committees to recommend involuntary status changes for bishops - Violates the constitutional guarantee of the right to appeal.

Petition 90037 - Composition of Board of Ordained Ministry - ¶. 635.1a
To require board of ordained ministry members to certify adherence to the Discipline in its entirety - “Open-ended and unconstitutionally vague certification requirement” violates the principle of legality.

Petition 90038 - Full Examination - ¶ 635.2h
To require boards of ordained ministry to examine and decline candidates not meeting standards regarding sexuality - Violates the principle of legality.

Petition 90039 - Composition of Board of Ordained Ministry - ¶ 806.9
To require annual conference certification of nominees or face financial penalties - Violates the principle of legality.

Petition 90040 - Composition of Board of Ordained Ministry - ¶ 613.19
To require annual conference certification of nominees or face financial penalties - Violates the principle of legality.

 

PDF created by Ask The UMC and United Methodist News Service, 2019


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