By Editorial Board, Presbyterian Plumb Line
The Presbytery of the Alleghenies acted improperly by not allowing an overture addressing same sex attraction to be considered for a vote, according to a ruling by the Permanent Judicial Commission.
In the January 15 ruling, the PJC sustained in part a complaint brought by New Albany Presbyterian Church (NAPC) in Columbus, Ohio. NAPC elders claimed that their overture was handled “wrongly and improperly” by the Presbytery of the Alleghenies, even though the overture had been ruled in order by the Chief Parliamentarian of the EPC.
The NAPC overture calls for a Constitutional Amendment that would prohibit candidates who identify as homosexual and experience same-sex attraction from being ordained in the EPC. During the November 15 Presbytery meeting, Presbytery officials apparently used a series of procedural maneuvers to prevent the NAPC Overture from being considered for a vote.
In particular, Presbytery officials claimed the overture violated a so-called “gentleman’s agreement” approved by the 44th General Assembly. At that Assembly, commissioners approved the creation of an Ad-Interim Committee on Same-Sex Attraction. As part of that motion, the commissioners expressed their “opinion and wish,” that no action be taken on same sex attraction until the committee completed its report in 2026.
In addition, Presbytery officials included a letter in the meeting packet written by GA Moderator David Strunk and Victor Jones, Chair of the National Leadership Team. The letter cited the “gentleman’s agreement” and urged that no action be taken regarding same sex attraction until the final draft of the Ad-Interim Committee report was acted upon by the 46th General Assembly.
In the end, the Presbytery of the Alleghenies voted 52-31 to deny a first reading of the NAPC overture. In their complaint, the NAPC elders claimed these procedures violated their constitutional right to submit an overture for consideration.
The PJC ruling acknowledged that the “opinion and wish” of a General Assembly cannot bind or restrict a church from presenting a lawful overture for consideration. The ruling granted relief to the New Albany Church, directing the Presbytery of the Alleghenies to place the overture on its agenda at the February 28 meeting for discussion, debate, and a vote.
TE David Milroy, Pastor of NAPC, said he was hopeful the overture will be approved by the POA and presented to the General Assembly in June.
“No doubt the overture will be controversial, but we can handle that,” said Milroy. “What we cannot abide is a lack of clarity, and this ruling will help achieve that clarity.”
According to the PJC ruling, the POA wrongfully denied a vote on the overture:
“On these specific facts, this Commission concludes that the overture should have been taken up for consideration. Consequently, this commission sustains in part the Complaint of New Albany Presbyterian Church … and directs Respondent to place the overture on the agenda for consideration, including opportunity for debate and vote.”
In a concurring opinion, PJC commissioners Zach Hopkins, Gordon Miller, and Donald Flater pointed out the obvious problems if procedure and practice are used to interfere with constitutional rights:
“The controlling issue is not the wisdom of restraint, the desirability of unity, or the prudence of awaiting the report of a denominational study committee. The sole question is one of authority.”
“A Presbytery’s procedural authority over its own docket does not grant discretion to suspend, delay, or nullify the rights of the lower court. A Presbytery may debate an overture, amend, or decline to approve it on its merits. It may not deny a Session access to constitutional process by refusing to receive or consider an overture that is otherwise in order on grounds not found in the Constitution.”
The concurring opinion rejected the idea that the “opinion and wish” of a particular General Assembly could nullify the rights guaranteed in the EPC Constitution.
“If an Assembly’s ‘opinion and wish’ may operate to suspend enumerated rights, then those rights exist only at the pleasure of a majority. Taken together, these issues reveal a single constitutional principle: in our polity, authority flows from text, not from tradition, preference or prudence. Expressed provisions govern. Practices serve rights; they do not defeat them.”
The issue of same sex attraction has generated controversy in the EPC in recent years. The controversy began in 2022 when Greg Johnson, Pastor of Memorial Presbyterian Church in St. Louis, Mo., petitioned to join the EPC. Johnson identifies as a gay Christian and experiences same-sex attraction, although he professes to be celibate. Johnson and his church previously belonged to the Presbyterian Church in America but left that denomination following years of conflict and multiple charges being filed against them.
A draft of the AIC report on same-sex attraction is currently being presented at Presbytery meetings for feedback and discussion. Critics of the report believe it does not resolve the issue, and leaves the door open for the ordination of pastors who identify as homosexual and experience ongoing same-sex attraction.
The Plumb Line contacted the Presbytery of the Alleghenies for a comment. However, Stated Clerk Dana Opp said he was unable to comment on the PJC ruling without convening a meeting of the POA Leadership Team, which takes a week to 10 days.
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