JCD 1318
Mandatory Penalties
Before my commentary, let me note, Dear Reader, that the text of the decision repeats itself. Such editorial mistakes are uncommon in the work of the Council. The digital age puts such a premium on speed that you will see more in the future. The last I heard, once the decisions are posted, it is impossible to correct them.
Regarding the decision, the Council turned back an effort by conservatives to counter what was happening in the enforcement of the church laws about homosexual issues. Several Conferences have chosen not to remove pastors who violated Paragraphs 2702.1(a) and (b) among others. So legislation was proposed and then passed by the Judiciary Legislative Committee to mandate a year’s unpaid suspension for any pastor admitting to any chargeable offense.
The Council agreed with those who challenged the legislation. The mandated punishments were unconstitutional because they put into the hands of the General Conference matters that were the discretion of the annual conference bodies and people dealing with the case. The whole purpose of seeking just resolution was undermined by the mandates.
I think it helped that almost half of the legislative committee signed the request for a ruling.
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