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04131
March 11, 2004

Clerk clarifies stand on same-sex unions

Affirms definition of marriage as a man-woman covenant

by Jerry L. Van Marter

 
             
 

LOUISVILLE — The Office of the General Assembly (OGA) has issued a “question-and-answer” statement of General Assembly policies and actions concerning the question of same-sex marriage and civil unions.

The statement came in response to public debate of a proposed marriage amendment to the U.S. Constitution and to complaints about the accuracy of comments made during a press conference in the nation’s capital last week by the Rev. Elenora Giddings Ivory, director of the Presbyterian Washington Office.

The OGA’s March 8 statement concludes that the Presbyterian Church (USA) “has demonstrated a historic commitment both to the sanctity of marriage between a man and a woman and to human and civil rights for all persons.”

 
             
  The full text of the OGA document:  
             
 

1. Has the General Assembly defined marriage?

Yes. The Directory for Worship states, “Marriage is a civil contract between a woman and a man. For Christians, marriage is a covenant through which a man and a woman are called to live out together before God their lives of discipleship.” (Book of Order, W-4.9001).

 
             
 

2. Has the General Assembly taken action to support a federal marriage amendment?

No. The 214th General Assembly (2002) declined to adopt a resolution calling for support of the federal marriage amendment.

 
             
 

3. Has the General Assembly taken action in support of marriages for same-sex couples?

No. (See answer to question #4.)

 
             
 

4. Has the General Assembly taken action to support contractual relationships between same-sex couples with equal civil rights of married couples?

Yes. The 208th General Assembly (1996) approved the following resolution: “Affirming the Presbyterian church’s historic definition of marriage as a civil contract between a man and a woman, yet recognizing that committed same-sex partners seek equal civil liberties in a contractual relationship with all the civil rights of married couples, we urge the Office of the Stated Clerk to explore the feasibility of entering friend-of-the-court briefs and supporting legislation in favor of giving civil rights to same-sex partners.”

 
             
 

5. Is it appropriate for PC(USA) governing bodies to communicate these actions to public officials and the media?

Yes. In fact, PC(USA) governing bodies have historically communicated the denomination’s position on public issues.

The text of Ivory’s remarks during the March 3 press conference, which took place prior to a U.S. Senate hearing on the Federal Marriage Amendment:

Good morning, my name is Rev. Elenora Giddings Ivory and I am the director of the Washington Office of the Presbyterian Church (USA). Our General Assembly is the national decision-making body for this 215-year-old historic denomination with approximately 11,500 congregations all across in the United States and Puerto Rico.

In 2002, the 214th annual meeting of the General Assembly of the Presbyterian Church (USA) voted disapproval for the resolution calling for a Federal Marriage Amendment. At this same Assembly, the commissioners voted to reaffirm decades of social-witness policy that supports the civil rights and non discrimination for all persons, regardless of sexual orientation.

Indeed, the Presbyterian Church's position on this issue dates back to 1996 when the General Assembly was asked to consider commenting on a 1995 pending decision by the Hawaii Supreme Court on the issue of equal access to the civil rights of marriage for same sex couples. In response to this resolution, the (1996) General Assembly commissioners voted to affirm the “church’s historic definition of marriage as a civil contract between a man and a woman, yet recognizing that committed same sex partners seek equal civil liberties in a contractual relationship with all the civil rights of married couples ... we urge supporting legislation in favor of giving civil rights to same-sex couples”.

We are mindful that a proposal to amend the Constitution should not be taken lightly and that the Federal Marriage Amendment would restrict the civil rights of millions of Americans. Civil rights are a fundamental right under the constitutions of the United States and its constituent states and territories. Because these constitutions guarantee equal protection of the law, the states should permit gay and lesbian couples access to the civil status of civil marriage and to share fully and equally in the rights and responsibilities of that status. We urge Congress to reject this Amendment.

Notably, while the Presbyterian Church General Assemblies have affirmed the civil right of same sex couples to civil marriage, it retains its religious practice and view that "Marriage is a gift God has given to all humankind for the well being of the entire human family. For Christians, marriage is a covenant through which a man and a woman are called to live out together before God their lives of discipleship. In a service of Christian marriage a lifelong commitment is made by a woman and a man to each other, publicly witnessed and acknowledged by the community of faith. [Presbyterian Church (USA) Book of Order W 4.9001].

Few decisions by religious bodies are more central than who can take part in important religious rituals or services, including marriage. The Constitution bars any court or legislature from requiring any religious institution or person to perform marriage ceremonies for anyone. Indeed, the Constitution protects houses of worship in their freedom to limit marriages on whatever theological grounds they choose. The First Amendment already protects religious organizations from governmental interference in such matters, and constitutional definitions of marriage therefore are unnecessary. The Constitution should be reserved for affirmation of democratic values of equal rights and not delineating negative ones. Again, the Federal Marriage Amendment should be rejected.

 
             

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