PCA 38th General Assembly (2010): Overture 18

Overture 18 comes to GA this year from Louisiana Presbytery.  I like the intent of this overture.  It seems to actually correct the problem that happened last year amending the BCO without following the correct procedure of BCO 26-2, where the Overture from Covenant Presbytery (of which I commented already on Overture 5) seeks to correct the BCO confusion that led to the problem last year. I am unsure if this will be in order or not, but again I do like the intent.

Overture 18 from Louisiana Presbytery states the following:

WHEREAS:

1. The 2009 General Assembly (GA) purported to amend Ch. 59 of the BCO to allow freedom of conscience to pastors.
2. The amendments added conscience clauses, to the effect that civil laws relating to marriage be obeyed only as long as they do not violate the laws of God.
3. There was a concern at the 2009 GA that with gay marriage becoming legal in several states, PCA pastors might be sued if they refused to perform such marriages.
4. The amendments in question were thought to give these pastors some protection in court by allowing them to say our BCO gives them the liberty of conscience to decline to perform such marriages.
5. The proponents of this overture supported the amendments, and believe they serve good purposes, but feel they were adopted in violation of the PCA’s Constitutional-change provisions.
6. The 2009 moderator ruled that he could just declare the BCO amended without any presbyteries consenting. The majority on the floor in 2009 wanted these amendments passed right away regardless of any Constitutional requirement to have 2/3rds of the presbyteries approve it. They supported the moderator’s illegal decision.
7. There was an explanation put forth that Ch. 59 was not “constitutional,” and therefore did not require the 2/3 presbyteries approval. That is patently not the case. The constitution is expressly defined to include the entire BCO.
8. It was bad precedent. It can and should be corrected. Otherwise, just forget the Constitution, and say any GA can do whatever a majority wants.
9. It could be corrected this way: Keep it all constitutional as it currently is, and belatedly submit the amendments to the presbyteries for, presumably, 2/3 of them to approve it.

NOW, THEREFORE, BE IT RESOLVED

Make a declaration that the 2009 General Assembly’s amendments to Ch. 59, without submission for advice and consent of two-thirds (2/3) of the Presbyteries, as required by Ch. 26-2 (2), was done improperly or improvidently, and that those 2009 amendments to Ch. 59 be forthwith submitted to the Presbyteries for their advice and consent.