WELCOME!

Associates in Advocacy now has two sites on the internet. Our primary help site is at http://www.aiateam.org/. There AIA seeks to offer aid to troubled pastors, mainly those who face complaints and whose careers are on the line.

Help is also available to their advocates, their caregivers, Cabinets, and others trying to work in that context.

This site will be a blog. On it we will address issues and events that come up.

We have a point of view about ministry, personnel work, and authority. We intend to take the following very seriously:

THE GOLDEN RULE
THE GENERAL RULES
GOING ONTO PERFECTION

Some of our denomination's personnel practices have real merit. Some are deeply flawed. To tell the difference, we go to these criteria to help us know the difference.

We also have a vision of what constitutes healthy leadership and authority. We believe it is in line with Scripture, up-to-date managerial practice, and law.

To our great sadness, some pastors who become part of the hierarchy of the church, particularly the Cabinet, have a vision based on their being in control as "kings of the hill," not accountable to anyone and not responsible to follow the Discipline or our faith and practice. They do not see that THE GOLDEN RULE applies to what they do.

If you are reading this, the chances are you are not that way. We hope what we say and do exemplify our own best vision and will help you fulfill yours. But we cannot just leave arrogance, incompetence, and ignorance to flourish. All of us have the responsibility to minimize those in our system.

We join you in fulfilling our individual vow of expecting to be perfect in love in this life and applying that vow to our corporate life in the United Methodist Church.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

If you have any questions or suggestions, direct them to Rev. Jerry Eckert. His e-mail address is aj_eckert@hotmail.com. His phone number is 941 743 0518. His address is 20487 Albury Drive, Port Charlotte, FL 33952.

Thank you.

(9/26/07)


Showing posts with label Council of Bishops. Show all posts
Showing posts with label Council of Bishops. Show all posts

Sunday, May 29, 2022

Ah, presumptuous sin

 Dear Bishop,

When I wrote to you earlier this month about global warming, several of your colleagues responded in a very helpful manner.  More on those responses in a moment.  As I read them, I reread my letter and realized I was not clear as to what I was concerned about.  
I presumed that you would know I was criticizing the Council of Bishops' (COB's) practice of setting up parallel action groups at the same time the agencies of the general church were doing those same things.  It appeared to me both a waste of time and money and it appeared to me that as a body, the COB felt it had to be in a position to take credit for what others were already doing.  
I also presumed that the action of the COB on global warming was more of an afterthought than a genuine concern.  The one good thing was that the COB was out ahead of the GMC on it.
But several of your colleagues graciously drew my attention to Bishop Dyck's 2010 book A HOPEFUL EARTH (which I am reading now) and that as a retired bishop, she is working through the COB's ecumenical office with other denominations on global warming as well as working closely with Church and Society.  I had forgotten about retired bishops being freer to focus on critical issues.  I understand the COB is realizing that and calling upon retirees to help on a number of concerns.
I also presumptuously forgot that bishops could be deeply involved with their own annual conference's agencies and task forces on climate change as is the case among several active bishops. 
My hope is that you will forgive my presumptuousness.  Life is far more nuanced than we may believe.  That is something of which even we older observers need to be reminded.
One other presumption I have had is that you and your colleagues would know how to handle reprioritizing what the cabinet does to help pastors and their churches to succeed.
In the coming weeks I hope to offer suggestions and I will try to keep my emails about a page or so long.
In any case, please read Bishop Dyck's book if you have not already.  I think you will encourage your conference to read it.  It preaches!
In the collegiality of the clergy,
Jerry
Rev. Jerry Eckert, retired clergy, Wisconsin Annual Conference

Tuesday, July 20, 2021

JCM 1407

ee.umc.org/decisions/81533

 

To rule or Not to Rule, That Is the Question

 

The Council of Bishops, Michigan Annual Conference, Philippines Annual Conference, and Sierra Leone Annual Conference were listed by the Bishops as interested parties to seek the testing of a different plan for separation that is being proposed for the upcoming General Conference.  The Council found none had actually passed the plan.  It had come out of an informal working group and sent in as a package of petitions.

 

The Council demurred for more than one reason.  The principle one was this: They did not want to inadvertently give the plan a boost over anything else brought to General Conference.  Unlike the three proposal package they were asked to review for the 2019 special-called General Conference (see JCD 1366), this plan was the only one to be reviewed among all that may have been sent by others to General Conference.  As I recall the situation, the 2018 Bishops’ request was about the main agenda, and was not in competition with other petitions.  Hence, when the Council looked at that situation which actually contained three separate plans, it felt it could determine the constitutionality of the various plans without biasing the choices.  Interestingly, they found one plan mostly consistent with the constitution and the other (the “Traditionalists” plan) not.  Fortunately for the latter group, they had time to revise their petitions prior to General Conference. – The third plan was a set of constitutional amendments which the Council felt it could not review 

 

While the Council uses the theme “plainly understood words” to describe what they do in reading the Discipline, they used a little legalistic legerdemain to say the authorization for them to test constitutionality I ¶2609.2 actually has no time limit so they felt no need to study this new plan prior to its being acted upon by the General Conference.  

 

They apparently felt that argument by counsels representing one or another of the groups listed as interested parties forced them to have to pull something out of their hat to avoid dealing with this new plan.  

 

Then there is the possibility that I misunderstand the matter.  I’ll leave that for you to challenge me if you wish.

 

In our denomination, we have a number of individuals with comprehensive understanding of the Discipline and Judicial Council rulings and they do not happen to be members of the Judicial Council at this time.  The Bishops, annual conferences, and others who may be concerned about constitutionality of petitions have at their disposal various former Council members, conference chancellors, counsels in private practice, parliamentarians, and various clergy who tend to nerd out on church law and could provide valid testing for unconstitutionality and let the Council just deal with questions related to actions rather than dealing with petitions that are really hypothetical prior to any formal action by the Church.

 

Whatever the matter, the Council chose not to rule.  I’m inclined to accept their main argument.  Using the Council to bring special attention to any one petition is manipulative, whether intentionally sought out for that reason or not.


JCM 1408

ee.umc.org/decisions/81524

 

Clarifying what was made unconstitutional in JCD 1383

 

The Council of Bishops hoped the Judicial Council’s ruling on the unconstitutionality of removing pastors by administrative means rather than through church trials was not as extensive as the Bishops feared.

 

The Council made it simple:  During the votes of the clergy in executive session, members of the Cabinet, Board of Ordained Ministry, and the various committees and individuals who took part in their actions and deliberations related to a particular pastor’s removal from ministry did not have the right to also vote on their decision during the clergy session.    


This follows precedents set in JCDs 917 and 950 relating to the involvement of Cabinet members in deciding what the Board of Ordained Ministries rules on the status of a pastor.  -  It takes awhile until exactly the right question is asked to build on a foundation established by such important rulings.

 

The principle established in JCD 1408 should have been in effect in the case described in JCM 1400 above.  Even in conferences not run by autocratic bishops, few pastors will stand up against the opinion of the bishop for fear of such “obstinacy” being “remembered” by the bishop when it came to appointments. 

 

That means that even when this change in church law is put into practice, the bishop must be extraordinarily careful to remain neutral in the handling of personnel matters that come before the clergy session.  Even when he or she hands the gavel to the parliamentarian or other person not involved in the processing of the removal of a pastor, there can be no clue or rumor perceived to share the bishop’s opinion.

 

Some bishops will hate that!  It was bad enough for those inclined to control everything that the Board of Ordained Ministry was written into removal of pastors back in 1980.  Now they will not have cover of their minions on the Board (have you noticed how the Board tends to have its leadership “graduate” into the Cabinet or other high place of standing in the conference?).  -  I get the feeling that the Council of Bishops tends to support the bishops who have autocratic tendencies and let them make their requests for Council rulings on church laws that could disrupt their need to control everything.  But since the deliberations of the Bishops in their meetings are held in secret, there is no way to know how many such requests come up and how many are shot down by the more thoughtful among the bishops!


Concluding thoughts on Judicial Council’s Spring 2021 Session

The COVID 19 pandemic hit the world in the fall of 2019.  By March of 2020, that caused the postponement of all gatherings of church bodies from the local church to General Conference for 2020 and into 2021.  The Judicial Council struggled with figuring out how to respond to matters raised by annual conferences and the Council of Bishops in 2019 which had been deferred from the November, 2019, session and which began to arise as church bodies found ways to “meet” by using computer programs like Skype and Zoom.  

 

In early December of 2020, on the personnel case of Erik Seise which had been before them in several ways since August of 2018, the Council was polled by the Secretary and it voted not to reconsider (JCM 1400) its decision on his case (JCD 1384).  Though we were notified immediately, the formal report was not published until April 16, 2021.  The Council actually broke up its Spring 2021 session into four release dates:  JCM 1408 on March 22, JCD 1409 on March 25, JCM 1400-JCD 1410 on April 16 (excluding the two already published), and JCM 1411-JCM 1418 on May 5.

 

Not only was the Council unable to maintain any continuity for the sake of connecting the dots, they had to work remotely rather than face-to-face which further exacerbated their work.  These complicating factors could not have come at a more difficult time because the 2019 session of General Conference caused a great deal of consternation among many annual conferences.  The Council tried to remain neutral as the “Traditionalists” and the rest of the Church fought over relating to the LGBTQIA+ community and splitting the denomination.

 

The rule of law, in principle, tends to maintain the status quo, which means we have largely stayed stuck together despite our differences.  The internal squabbles have distracted us from the immediate crisis of global warming.  One would think that the imminent disaster of climate change would draw us together at least for the short term.  But I’m not even sure that our experience of staying home during the pandemic during which time skies cleared of smog and waterways cleared of pollution gave us a feeling of having done something that affected the Earth.

 

Because we were at home, more of us heard of continent-sized patches of plastic in our oceans and some efforts to diminish their size.  We also began to realize how unequal our police enforcement has been toward people of color.  For the summer, of 2020, at least, the nine minute twenty nine second death of George Floyd was a story universally watched and internationally protested by people of all races.

 

These issues were not before the Council in any way, even though they are the major crises facing humanity.  

 

But the Council did clarify some things for the Church.  The primary concern in declaring the administrative way conferences (mis)handle troubled pastors unconstitutional (JCD 1408) has to do with the conflict of interest of the Cabinet and Board members voting on the status of a pastor during the clergy session they had previously worked on in their respective groups.  Further, the Council made it clear that the Church has no way to be flexible financially during a major world-wide crisis (JCD 1409).  The Council showed the denomination has no real way to handle cheating on General Conference votes (JCD 1401).  And finally, the Council reminded the Traditionalists again and again that the Church allows disagreement over policies though not over behavior (most of the rest of the Council’s decisions!)

 

My final observation about the winter/spring work of the Council is that the Council of Bishops has come to be the “go to” group to take questions to the Judicial Council.  That means that they become the party at interest and become second-hand purveyors of evidence of cases they bring on behalf of others.  I think that hurt the Commission on the General Conference on the voting irregularity situation.  I believe it hurt the appeal of a bishop several years ago.  Putting the Council of Bishops between an appellant and the Council also worked against Rev Seise.  I hope the Council will be wiser about taking jurisdiction when the Bishops appeal like that.

 


Wednesday, March 18, 2020

JCD 1385

ee.umc.org/decisions/81132 

Effective Date of Certain GC2019 Legislation 

When a piece of legislation is put into the Discipline by General Conference, the presumption is that it goes into effect January 1 of the following year.  By then, the Discipline is in print and available world wide.  The Bishops have had time to look at the change and see what changes they have to be ready to make. The agencies affected have time to gear up.  As a general rule, that has served the Church well.

There are exceptions that the writers of the legislation intend so that a particular Disciplinary passage would go into effect immediately upon the conclusion of the General Conference.  The practice then is to put that caveat into the legislation so that it will be printed in the Discipline when it comes out, usually well before the first of the year.  With electronic capabilities being what they are, the actual text of the change to take effect immediately is already on line when General Conference adjourns.

When the Traditionalists’ Plan (TP) was passed in February, the passage that went into the Discipline did not include any such wording.  From argument on the floor and from the various materials provided by the “Traditionalists,” it was clear they wanted it immediately in effect.  It just wasn’t in the passage that was passed.

The Council of Bishops asked the Council the resolve the issue.

The Council made reference to the introductory materials that were not changed by the amendments and the common understanding (legislative intent) of the General Conference and ruled that the new legislation went into effect immediately. 

On this, I feel the Council erred, as Beth Capen pointed out in her dissenting opinion.  The Council, in this case, did not go by the book.

Practically speaking, there have been few churches who have actually used that extra time to withdraw.  No conferences have, to my knowledge.  I write this well after the first of the new year so the issue is now moot.  But I am uncomfortable with the Council’s letting our normal protocol to slip in violation of ¶¶508 and 543.17.  

So far, the Council seems to have threaded many a needle between law and church politics up to now.  I can’t explain without entering into church politics how Ms. Capen’s argument did not immediately become the ruling.

JCD 1386

ee.umc.org/decisions/81131

Impact of Possibly Illegal Votes

The decision spells out what happened when complaints went to the Commission on the General Conference about some people who voted using phony credentials.  The problem is that the flawed vote set up the final vote on the Traditionalists Plan and therefore may have meant that all the votes involved following were null and void.

Because the impact of the new legislation would fall on them, the Council of Bishops brought the request for a decision instead of the commission and added it to their already presented request on another matter in hopes of getting immediate action on it.  The Council let them get its request in but chose not to make a decision at this session.  

They did point out no one seems to have had the authority to deal with the complaints as the Discipline currently stands.  In addition, they were concerned that there were no representatives from the commission who could have shed more light on what happened.  They also noted that other interested parties were not apprised of the Bishops’ request and did not have a chance to participate on such short notice.

For all these reasons, the Council chose to defer the amended case until Spring 2020 to allow more parties to be involved, and to allow further research and documentation about how the various entities took authority to investigate and the implications of their findings.  

JCM 1390

ee.umc.org/decisions/81142

A Slick “Deferral”

The Council of Bishops sought another ruling on the constitutionality and other issues related to the Traditionalists’ Plan passed at the 2019 special General Conference.  This was their third shot at it.  

They asked for a ruling when its petitions were first sent to General Conference.  The Council deferred because it hadn’t any real legal context like being on the floor with other petitions at General Conference.  

The Bishops asked about it after all the petitions were in and the Council fastidiously went through identifying the unconstitutional parts.

The TP was revised before it came to the floor.  Many observers felt the revisions  had not met the Council’s judgments but it passed anyway so the Bishops decided to challenge it again through the instant case.

The Council polled its members about the constitutionality of the TP and there were not enough who felt there was an issue on that.  I do not know if that polling was before or after the Council’s preliminary reviews of the request.  This is not the first time I vaguely recall such a polling and the Council then not taking jurisdiction.  I’m not sure about the qualitative value of any action that occurs before full discussion of the body together.  But it does save time.

The Council recognized that the Bishops’ concerns are not without merit.  They softened their decision by saying it would take up challenges to constitutionality as cases were brought about specific passages.

Note:  While everyone else calls the TP the “Traditional Plan,” I am not comfortable with it. As noted in past blog postings here, my tradition is Arminian and in that, I am strongly traditional.  So when I use the whole name of TP, I feel “Traditionalists” is more appropriate because it is a plan brought by people who call themselves “Traditional” as if their Calvinist theology is the only real Wesleyan tradition.  You probably didn’t even notice but in case you did, now you know why I “misspelled” the term.

Monday, August 19, 2019

JCD 1375



The Bishops Strike Early

The Council’s Fall 2018 session pretty much shot down most of the Calvinists’ (most would say “traditionalists” but I like my terms of Arminian and Calvinist better since both have long traditions in the UMC)  petitions in JCD 1366.  There are very gifted church law people in the Calvinists’ group and they went to work to try to work around what the Council pointed out were unconstitutional in their plan.  The Council of Bishops (hereinafter the Bishops) met just before GC2019 and requested declaratory decisions related to some of the Calvinists’ revised petitions.  This request dealt with two elements of that plan, streamlining the process for dealing with allegations related to homosexuals and setting up an international tribunal for homosexuality allegations against bishops under the Council of Bishops.

The  Calvinists saw a pattern in how allegations were handled over the last couple quadrennia.  Those conferences and jurisdictions where the Arminians predominated, the allegations tended to be dropped somewhere between the supervisory response to a written complaint from a Calvinist and a trial.  

So one petition to the GC2019 cut out practically everything from the complaint to the trial at the conference level and tried to establish a special committee on investigation on the General Conference level..  The Council jumped on that one, saying it removed the right of the annual conference to process the complaint, a violation of the constitution (Par. 33).

The other petition wanted to set up an international judicial committee of bishops under the Bishops in an attempt to get away from how Arminian jurisdictions could slow walk or drop homosexuality-related complaints.

The Council clobbered that petition because the constitution (Par. 50) gives accountability to the jurisdictions where the bishops are elected.

That ruling was shared with GC2019.  The related petitions were dropped.

Was the Council supporting the Arminians?  I do not think so.  The constitution is clear on both counts.  This was a by-the-book decision.

Friday, January 25, 2019

JCD 1361


http://www.umc.org/decisions/78134
Appeal of Administrative Personnel Actions
I was a consultant in a case appealed under Paragraph 2718.3-.4 at the time this decision was before the Council.  I should not offer my commentary until after the case has been resolved.

JCD 1366

http://www.umc.org/decisions/78138

Constitutionality of the Various Plans Before General Conference

Other writers have provided information on the three main plans before General Conference meant to deal with the deep divide in our denomination over the practice of homosexuality.  They include differing efforts on how to allow amicable separations of congregations, establishing new jurisdictions for each of the two sides in the debate, and more enforcement and punishment for those who disagree with current church law on the matter.

I admire the careful consideration provided to the Council of Bishops’ request.  That was very gracious of the Council, considering that the Council turned down a similar request last year because the Council did not see the request taking into account all the options that might be petitioned.  I’m sure there was a fear that calling out one or another of the plans as unconstitutional or as “clean” might prejudice the General Conference.  

With the plans in their petition form and the establishment of clear limits of any further petitions, the Council gave attention to sorting through everything coming through the Bishops from the Way Forward Commission and noting which petitions among that lot were okay and which were not under church law.

In briefest summary, the Council found the Bishops’ favorite, the One Church Plan,” to be mostly okay.  The Council found serious flaws that violate the constitution in the “Traditional Plan.”  The third plan, the Connectional Conference Plan, was not examined because it required constitutional changes and the Council cannot take jurisdiction over those kinds of petitions.

If you are interested in those details, the decision is well framed and any editing down as was thought necessary for JCD 1341 (the “Bishop Oliveto” decision) was laid aside.  Nerd out on JCD 1366 to your heart’s content.  You will also find many articles at the websites of the United Methodist News Service (https://www.umnews.org) and at United Methodist Insight (um-insight.net).  You may also find of interest a critique of the Bishops’ favorite plan which while it passed muster with the Council would leave the denomination vulnerable.  Go to http://www.wesletspace.net/GC-2029/Critique - One Church Plan.pdf.

This decision will not resolve the tension the 2019 General Conference faces.  It puts more pressure on the conservatives to come up with amendments that clean up their petitions and leaves them facing further challenges to the Council if they prevail with their votes.  I do not see many moderate to liberal churches leaving to denomination as the conservatives hope if the conservatives win.  

What I do see, though, is that by 2028, our successors will bemoan the fact that we wasted decades on the issue of homosexuality while the earth warmed.  The latest projections are that the world economy and politics have to change dramatically toward cooling the planet or the life we have known faces EXTINCTION . . . IN OUR LIFETIME.*

I have more to say on how we got here.  You can find that in posts I made on my personal blog at www.jerryeckert.blogspot.com.  

What I am advocating for in this posting here is that all of the differences of opinion, of tradition, of Biblical understanding, important as they are to who we as individuals feel them to be, pale in light of how rapidly the globe is warming and how soon the damage that is doing will become irreversible.  My prayer is that this General Conference will drop this whole controversy and face the most critical issue of our existence, find a collective prophetic voice to face it, and look for ways we can work to save the planet.

*Type “2030 global warming" into any search engine like Google for confirmation.

Sunday, September 23, 2018

JCD 1360

http://www.umc.org/decisions/76720

May Petitions to General Conference Be limited?

I don’t recall who first told this sermon illustration.  It goes like this.  The round up was almost done.  The cowhands had brought in every head of cattle but the prize bull.  The two hands who had been sent out to get him came back saying the bull was too strong for them.  They could get a rope on him but their horses couldn’t bring him in.  So the foreman turned to the oldest hand to see if he could do it.  

The old guy tethered a burro to his horse and went out to try his luck.  He returned about an hour later with no burro, no tether rope, and no bull, to the teasing and jeers of the other cowhands.

The next morning, much to everyone’s astonishment, there was the bull in the pen with the rest of the herd munching hay next to the burro to which he had been tethered.  

“How’d you do that?” the hands asked the old guy.

“When I found the bull, I just tied him and the burro together.  The bull went wherever he wanted but when he didn’t know where else to go, the burro headed for the barn.  The bull didn’t have anything better to do.  So here they are.”

This story can be used to describe how God operates in evangelism, missions, or almost any other church endeavor.

My application will be different.  By the time I’m done with this commentary, you’ll have to decide whether it is a conspiracy theory or an old-timer telling it like it is.

The 2016 General Conference was riven as have been every one since 1972 with rumors of splitting the denomination if it did not sustain the anti-gay laws in the Book of Discipline.

In typical bifurcated Anglo-Saxon politics, there really are only two politically oriented parties in our denomination, the “Bishop Wannabes’ and the rest of us.  While that does not necessarily describe United Methodists from outside the United States, the influence of the culture of the British Empire, as manifest through the American “way of being” in which our denomination developed, provides the milieu in which this struggle over homosexuality is occurring.

And like in American politics, our two parties are made up of several special interest groups which are more or less organized, as well as the vast majority who tend to be occupied with our local concerns.  The most organized in the Bishop Wannabe party is the Council of Bishops (the Bishops).  Their foot soldiers are those who literally want to be bishops because of the power, privilege, and golden parachutes they have or because of their personal allegiance to bishops.  The next best organized are the pro-gay caucus and the anti-gay caucus.  

This is the fascinating and confusing part: each caucus has operatives among the Bishops and the Bishop Wannabes have infiltrated each caucus.  

“Where is this poli sci mishmash going?” you ask.

I think it helps us understand the dynamics behind the Bishops’ request to the Council to rule in this case.

As I observed it, because of the pressure put on 2016 General Conference by the pro-gay caucus, the anti-gay caucus doubled down on its position and the Bishops, who prefer the status quo, saw no way to directly resolve the tension.

If reasonable, intelligent people can’t resolve an argument, it usually means they are arguing about the wrong subject.  One of the ways to suss that out is to push dialogue between the conflicting parties.  Locking the two sides in a room until they can reach a peaceful agreement is one way to do that.  Another way is to make motions and vote their way through an issue using parliamentary procedures.  A third is to use third party mediation.  A fourth way is to set up formal dialogue over a restricted period of time, not as intensely focused as the locked room alternative.  A fifth way is to have arbitration with a third independent party, what the Judicial Council is most often called upon to do..

The General Conference settled on giving up on the parliamentary proceedings, and, unsurprisingly, giving the task of reconciling the conflict to the Bishops.  (If my view has any merit, there will be a clear but subtle connection between the Bishops and the makers of that motion.)

The Bishops then chose the fourth option noted above rather than the third.  That would have given control of a study group to an independent professional mediator who would have been more objective in delving into the nature of the conflict and finding where the real conflicts lay and trying to resolve them.  No, the Bishops kept control by choosing three of their number to act as the moderators of the process and eight more to stack the committee.  

My observation of the process was that they allowed some periods of serious conversation which at least broke the ice for some of the study group’s members, though probably did not really allow sufficient time and opportunity to get to the bottom of the pending rift, which I suspect to be complete control of the denomination.  If I’m right, that very elemental basis for the potential split would threaten the Bishops because they want that control!  (This is my speculation.  History will perhaps argue something else, but I doubt it.)

When the study group was asked for possible solutions, I believe the process of interpreting and culling the various options offered by the group members were carefully “crafted” to be summarized into three options (more would have been way more difficult to handle in parliamentary fashion) and one could be pushed forward by the Bishops more easily out of the three, the option that best protected the Bishops from change.  

Please understand that I am not completely cynical here.  Good things do occur occasionally when bad motives may be involved such as the Koch brothers giving to NPR and to the arts in New York City in order to project a more favorable public image.  The Bishops’ intent to hold the denomination together is a positive value given the sad history of the 1844 split over slavery and the amazing ecumenical movement of the last century which included the 1939 and 1968 reuniting of some of Methodism in America.

But as is the case with those who hold power, the temptation is to disregard the rule of law if following the rules might jeopardize their control of a situation.  So when the various “special interest groups” saw how restricted the Bishops’ recommendations were to the special-called 2019 General Conference (hereinafter the Conference), they began to press for petitions that offered a wider range of options for resolving the conflict.  The Bishops, afraid of losing control over what was to be discussed in plenary at the Conference, asked the Council to rule that the focus of the Conference be their three options (my interpretation of the request for the declaratory decision).  

The Council said that request was inconsistent with the Discipline and that any petitions relevant to the call for the special session were appropriate.  Relevance could be decided by the normal processes of the Conference. – Warning to the Conference Secretary, Petition Secretary, and the Committee on Reference: beware of the Bishops’ and Bishop Wannabe Party’s efforts to subvert this decision of the Council.

Had I sent a brief to the Council in this case, it would have been in favor of allowing the petitions.  I would have had two points in my argument.  One was what the Council chose, that the Discipline allowed the wider range of petitions.  

My other argument would have been more practical, that a relevant petition could be taken by any member of the Conference, be revised in terms of the best way to resolve some or all of the conflict, and be offered for consideration of the Conference.  That is how in 1988 an obscure petition sent in by Leonard Slutz was amended and used to set up a study commission that introduced fair process into the way pastors could be removed from office.

The result of JCD 1360 is that the position of the Bishops and the Bishop Wannba party was weakened and the 2019 Conference will be more open to resolve the conflict.  Unless there is a “failure of imagination,” that opening assured by the Council will allow the people of good will to take a step toward a positive resolution, or if nothing else, putting off a disastrous decision.

Let me warn delegates to the 2019 Conference.  The tether still ties the burro (Bishops) to the bull (2019 Conference).  Maybe the Bishops are the inadvertent hand of God in our struggle to be the best witness to our faith in Jesus Christ.  My problem with that is that as a body, the Bishops actually think they are the hand of God!  At least, pray that God is the burro and the Bishops realize they are as much a part of the bull as the rest of the 2019 Conference is.

Finally, let me add a response to the clarification of the case by Beth Capen.  She is literally correct in her analysis.  The wording of the various delegates and bishops at the 2016 Conference point in the direction of narrowing the focus of what may be presented at the 2019 Conference.  If my premise that this “dance” was actually largely choreographed by the Bishops, then one can see the motivation behind why those actual words ignored the intent of the Discipline to allow a more open petitioning.  Fortunately, the Council was not deterred from following what the law actually says.

Between her review of the situation and the review of the legislative action recorded in the decision, we have documentation of what happened, including who said and did what.  Historians, journalists, and students will be helped to make an appropriate interpretation of what actually happened.

Concluding Thoughts on the Spring 2018 Session

The two items the Council originally deferred until the Fall Session, 2018, were dealt with, matters of reconsideration for which I would like to have seen the grounds.  Most fascinating to me was the attempt to test the anti-homosexual laws against the Restrictive Rules which do not allow us to change the doctrines of our denomination.  Last fall’s questions about including Wesley’s Notes on the New Testament among the articles of church doctrine (JCM 1357) may be coincidental.  Or we may be entering an era where doctrinal matters are more carefully explored.  I noted above that when two reasonable intelligent parties cannot agree on something, they may be arguing about the wrong thing.  Maybe JCMs 1357 and 1359 are precursors to discussing at least one of the underlying problems.
JCD 1360 points to the issue of who has power and will they honor the rule of law.  As in the current political situation in the United States with the apparent abuse of Presidential power being challenged in the courts and not by the ruling political party in Congress, we may be experiencing something similar in the United Methodist Church.  It seems to me that the Council of Bishops as a body tends to stretch its authority beyond its bounds and the Bishop Wannabe party supports that, leaving the Judicial Council to be the arbiter blocking them.

In a recent article in The Methodist Review, former members of the Judicial Council speak of the erosion of the rule of law in our denomination.  They challenge recent actions of the General Conference, the Judicial Council, and the Council of Bishops to illustrate their premise.  Their viewpoint is well worth taking seriously.  Read their article at s3.amazonaws.com/Website..Properties/news-media/documents/MR_2018_02_-_Lawrence-AsKew.pdf. 

Followers of this blog are well aware that my viewpoint varies from theirs a little.  See my response at www.jerryeckert.blogspot.com. 

Most simply put, staying within the lines of the ever-changing Book of Discipline has been imperfect.  The very existence of the Judicial Council and its over thirteen hundred rulings shows that as a Church, we all violate the Discipline at least a little but are helped by the Council to largely succeed at obeying the rule of law as part of our social contract as United Methodists.  It has been my experience that the Council of Bishops as a whole and certain individual bishops have turned their backs on the Discipline when it suited them and the Judicial Council has spent much time and energy countering that tendency.  They did both by their decisions in JCM 1358 and JCD 1360.

While the world will be watching how the 2019 General Conference deals with the conflict between the pro- and anti-homosexual caucuses which ostensibly is supposed to take us to the brink of breaking apart, something I do not think will happen, I’ll be watching the power plays between the Council of Bishops and the Judicial Council to see if the judiciary can keep the administration faithful to the rule of law.

Next, let me expand a little on a couple sentences I used in the 1360 commentary.  Here’s what I wrote:

In typical bifurcated Anglo-Saxon politics, there really are only two politically oriented parties in our denomination, the “Bishop Wannabes’ and the rest of us.  While that does not necessarily describe United Methodists from outside the United States, the influence of the culture of the British Empire, as manifest through the American “way of being” in which our denomination developed, provides the milieu in which this struggle over homosexuality is occurring.

My phrase “typical bifurcated Anglo-Saxon” refers to the tendency those who were influenced by the culture of the British Empire tend to think in terms of “black and white,” “good and bad,” “us and them.”  That tendency leads to thinking in terms of apparent opposites (yes or no, our team versus their team, success and failure, win or lose, Republicans and Democrats, right or wrong) to the point that we have a hard time perceiving all the options in between.  

A good education and a more calm spirit opens us up to looking at the gray areas and being more measured in our consideration of all possibilities, not just the ones at the extremes.  

It must also be noted that in the larger interaction among Americans and others genealogically tied to English influence, we tend to break down into two sides on important issues.  While that insures there will always be some degree of conflict, dictatorships tend to occur when the rule of law, basically agreement between the two sides about how to function together, breaks down in favor of one side, leaving the other side no more power.  

Finally, I must point out that I have been granted free editorial expression in this blog and in the task of commentaries on the decisions of the Judicial Council.  I try to avoid flaws in the information available about the decisions.  The Associates in Advocacy under whose auspices I have had the privilege of providing these commentaries have not challenged my opinions expressed herein, though of course that is their prerogative.  My own authority is subject to checks and balances as well.

As I have argued in the years of doing these commentaries, the power of the bishops has waxed despite the efforts to maintain a balance of powers, of keeping checks and balances in place to prevent overstepping boundaries of authority.

As I pointed out in my response to Drs. Lawrence and AsKew, bishops as individuals are usually exemplary human beings, good Christian persons.  But as a group, I see them succumbing to their baser natures.  

Not all associates agree with that particular analysis, but I believe I represent them in the necessity of calling bishops and other entities in the Church, including the General Conference and Judicial Council, to accountability when they are unjust.