Tuesday, February 16, 2010

38th PCA General Assembly (2010): Overtures 3-5, 8

Already, we have covered Overtures 1 and 2, but now we turn to some more overtures which have just made an appearance on the PCA General Assembly website. 

Overtures 3 and 4 concern the desire to expand or revise boundaries of presbyteries.  These overtures won't even go before the Overtures Committee, but sometimes it is interesting to look at.  Overture 4 comes from Central Georgia Presbytery and doesn't seem like anything out of the ordinary to receive two more countries from Savannah River Presbytery, who also overtured the General Assembly with Overture 8 to confer with  Overture 4.  Overture 3 though is of some interest to me.  The Pacific Northwest Presbytery is asking that all of Alaska, Washington, Oregon, and Idaho be included in their presbytery. Sometimes I wonder why presbyteries like Pacific Northwest don't break up into two different presbyteries, especially considering the distance needed to travel and the number of churches already in the presbytery (currently given that this overture will probably be approved, there will be 29 churches, including mission works, in the presbytery).  

Now you see presbyteries this large in other parts of the country like my own, Mississippi Valley Presbytery, which has over 30.  However, my presbytery is very small in size geographically, which allows everyone to be able to drive not too far to get to each presbytery meeting.  Rocky Mountain Presbytery has 28 churches in Colorado, Wyoming, and Montana.  Logically, you would think that Montana having 5 churches, Wyoming having 3 churches, and Idaho having 1 that they would want to become their own presbytery.  I wonder why that wasn't what happened.  

But that is very minor compared to Overture 5.  Let us move on...quickly!  Stepping off my soapbox onto another, we come to Covenant Presbytery's Overture that will go before the Overtures Committee.  Here is the overture:
Whereas, the 37th General Assembly amended the language of BCO 59-1 and 59-6 to read:
59-1. Marriage is a divine institution though not a sacrament, nor peculiar to the Church of Christ. It is proper that every common wealth, for the good of society, make laws to regulate marriage, which all citizens are bound to obey insofar as they do not transgress the laws of God (Acts 5:29).
59-6. Marriage is of a public nature. The welfare of society, the happiness of families, and the credit of Christianity, are deeply interested in it. Therefore, the purpose of marriage should be sufficiently published a proper time previously to the solemnization to it. It is enjoined on all ministers to be careful that, in this matter, they obey the laws of the community to the extent that those laws do not transgress the laws of God as interpreted by the Constitution of the Presbyterian Church in America; and that they may not destroy the peace and comfort of families, ministers should be assured that, with respect to the parties applying to them, no just objections lie against their marriage;
and
 Whereas, the BCO 26-2 currently reads:
26-2. Amendments to the Book of Church Order may be made only in the following manner:
1. Approval of the proposed amendment by majority of those present and voting in the General Assembly, and its recommendation to the Presbyteries.
2. The advice and consent of two-thirds (2/3) of the Presbyteries.
3. The approval and enactment by a subsequent General Assembly by a majority of those present and voting; and
and
Whereas, the General Assembly voted to change the language of BCO 59-1 and 59-6 contrary to the specifications laid out in BCO 26-2; and

Whereas, the General Assembly made such changes on the grounds that BCO 59-1 and 59-6 were non-binding sections of the BCO; and
Whereas, our desire is for unanimity and clarity in the manner by which we amend our Book of Church Order;
Therefore be it resolved that BCO 26-2 be amended as follows (new text in bold and underlined):
26-2. Amendments to any portion of the Book of Church Order, whether constitutionally binding or not, may be made only in the following manner:
1. Approval of the proposed amendment by majority of those present and voting in the General Assembly, and its recommendation to the Presbyteries.
2. The advice and consent of two-thirds (2/3) of the Presbyteries.
3. The approval and enactment by a subsequent General Assembly by a majority of those present and voting.
Rationale:
The definition of which portions of the Book of Church Order must be amended according to the procedure outlined in 26-2 is clearly ambiguous, as demonstrated by the actions of the 37th General Assembly. Therefore, the above overture seeks to remove this ambiguity, and give clarification and re-affirmation to the manner by which any portion of the Book of Church Order may be amended.
Look now at the Rationale.  This amendment to the BCO is being called for because of actions of the 37th General Assembly.  I hope this is a good post for elders because of what happened last year.  Last year, the Moderator made a mistake.  And to clarify, I am not thinking the Moderator did it on purpose.  I personally think he didn't know what he was doing and/or had done when the overture from Central Carolina Presbytery came a second time to the floor after having been sent back to the Overtures Committee to amend BCO 56 on marriage.  The overture called for the 56th chapter to become constitutionally binding and not just 'a suggestion'.  Because of this, there were some who wanted the language fined tuned more before it became constitutionally binding.  There were others who thought the language was already fine.  And yet still others, who thought that the Assembly needed to act now because of BCO 26-2 that would at least take one more year to get this to become a reality.  

But in the midst of it all, we as an Assembly, acted contrary to BCO 26-2.  You see BCO 26-2, sections 2 and 3?  Yeah, we basically bipassed those and when the overture came back from the Overtures commitee we approved it.  If memory serves me, the vote we had somehow made the BCO change right then and not go to the presbyteries (section 2) and not come back this year at the 38th GA (section 3).  And it was because of one little mistake by the Moderator. 

And so this year, Covenant Presbytery is coming with an overture to change the BCO where the mistake was made to make it more clear.  I don't know what I think about this overture, to change BCO 26-2.   I'm not a lawyer or anything but I like what Covenant Presbytery wants out of this, to have the General Assembly do what it is supposed to when it comes to BCO amendments.  However, right now I think the BCO is already clear.  In the Rationale, it says that it is clearly ambiguous, but I will have to disagree.  I think it is very easy to understand.  That's why there were many after the decision of the Moderator last year who were in a hub-bug.  Because they knew BCO 26-2 (that is one of the main things you learn before ordination for your exams).  Everyone knew it was wrong because the BCO is clear. 

It says, "Amendments to any portion of the Book of Church Order, whether constitutionally binding or not, may be made only in the following manner:"  To add the Bold and Underlined portions, really doesn't add much of anything.  That is already clear in the fine print.  So I think at this time, I would have to vote against this Overture even though I agree with what the people of this overture want out of it.  What needs to happen is for elders to stand up and make a complaint (BCO 43) when a court makes a mistake.  We can do something when we see mistakes and yet last year no one did anything.  May this be a learning experience for us all.  Whether you are a member of your church, an elder, member of presbytery, or a delegate to General Assembly, know what is supposed to happen and what you are able to do in your Church, at Presbytery, and at General Assembly.  In other words, read and know the Book of Church Order.  In doing so, you will be faithfully maintaining the peace and purity of the Church.

6 comments:

Seth Stark February 16, 2010 at 3:34 PM  

It seems to me that this Overture would codify the idea that sections of the BCO are only "suggestions". Because of that, I would be opposed to it. Is it generally accepted in the PCA that parts of the BCO are not binding, while others are?

Wes White February 16, 2010 at 3:38 PM  

Andrew, thanks for this helpful analysis. I think it is helpful. However, I think the problem is more that we have a section of our BCO that is not part of our Constitution.

It does at this point represent the deliberation of the Assembly and so is to be given due and serious consideration. The Assembly has treated the non-binding sections in this way and have enforced them in this way. Consequently, I think you can make a case that the amending process is different.

This is a good amendment that gives the non-Constitutional portions more weight than other deliberations of the Assembly, even though it does not make them fully a part of the Constitution (which is what I would actually prefer).

Andrew Barnes February 16, 2010 at 7:12 PM  

Seth,

What I meant was what Wes stated. By 'Suggestions', which I am going to change right now I meant that part of the Directory of Worship is not constitutionally binding. The only part that is binding constitutionally are those chapters on the sacraments (3 total: BCO 56-58).

So strong 'suggestions' are basically what everything is in the Directory of Worship in the BCO. Like chapter 59 on marriage. That is what it is at this current time in the PCA's BCO. The BCO at the beginning of the Directory of Worship states the following, "Temporary statement adopted by the Third General Assembly to preface the Directory for Worship: The directory for Worship is an approved guide and should be taken seriously as the mind of the Church agreeable to the Standards. However, it does not have the force of law and is not to be considered obligatory in all its parts. BCO 56, 57 and 58 have been given full constitutional authority by the Eleventh General Assembly after being submitted to the Presbyteries and receiving the necessary two-thirds (2/3)approval of the Presbyteries."

I hope that clears everything up.


Wes:

Good point. You'd think if something like the BCO was part of our Constitution, then all of it would be. I see your point of view.

Ed May 1, 2010 at 3:40 PM  

Hi Andrew, thanks for your thoughts (and those of your commenters) on the overture from Covenant Presbytery, of which I am a member.

As one of those who offered that overture for BCO amendment, therefore, I think I may offer something of an informed comment or two.

To begin with, I agree with you in principle: that (in your words) "right now I think the BCO is already clear". However, I must disagree in practice, because in spite of what appears to be clarity, we as an assembly voted to approve this ad-hoc amendment last year. Furthermore, after the fact no one chose to ask for their vote against to be recorded in the minutes; no one issued a dissent; no one brought a protest; and no one filed a complaint.

In other words, measures exist according to the BCO to either attempt to correct an erroneous decision or to at least make a statement that we felt it was erroneous. Yet no such measures were exercised. Therefore, I must conclude that what appears clear in principle is vague in practice.

Secondly, there is a sense in which I would say that the amendment we propose is a secondary concern to the goal of raising the question of whether last year's amendment was illicit.

Several of us discussed how an illicitly-approved amendment might be undone, and we concluded that there were several potential problems. Since it is likely that a substantial (if not unanimous or very nearly so) majority actually agreed with the substance of that amendment, it seemed probable that any overture to overturn it outright in order to correct the procedure might be voted down-- thereby further strengthening the precedent of bad procedure. And yet the existing precedent is a bit frightening; amending the BCO should not be ad-hoc, even for so-called non-binding sections.

Therefore, we felt that something must be done to raise the question and beget earnest discussion, without attempting to undo what is otherwise a worthwhile amendment. This approach seemed best to us.

There is the difficulty that it actually codifies the non-binding aspect of (most of) the Directory for Worship. This strikes me, however, as simply being honest: it isn't binding now, whether we truly regard the "temporary statement" from the 3rd G.A. as temporary or not. (Really, if it is 35 years old, how temporary is it?)

Anyway, I just thought I would chime in. I'd welcome your interaction.

Andrew Barnes May 4, 2010 at 7:13 AM  

Ed,

Those are good points. Louisiana Presbytery sent up an Overture this year to make clear that each BCO amendment must be receive 2/3 Presbytery support and sent back to the following GA for approval. Also they ask for the BCO amendment last year to be scratched and to send it to the presbyteries for 2/3 approval...

Ed May 4, 2010 at 9:23 AM  

Andrew,
Did they indeed? I was not aware of that.

I grow increasingly curious as to how this will turn out...

Ed

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