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The Use and Abuse of the Law: Public Opinion and United Methodist Church Trials of Ministers Performing Same-Sex Union Ceremonies

Published online by Cambridge University Press:  14 November 2012

Extract

Law in the United Methodist Church (UMC) is a product of democracy, written by elected delegates to a legislative body, recorded in a book entitled The Book of Discipline of the United Methodist Church. As “a Book of Law,” the Book of Discipline is “the only official and authoritative Book of Law of The Methodist Church,” according to the Methodist Church's Judicial Council in a landmark 1953 ruling. Despite this declaration, the Judicial Council had no idea in 1953 that it had addressed a question that in 20 years would divide not just the Methodists, but Americans and American Christians generally. In the last 30 years of the twentieth century, controversies over homosexuality led American Christians into debates over the role law should play in their churches, while Americans as a whole debated the role churches should play in their law. United Methodist conservatives discovered that by rallying populist majorities to rewrite church law, they could then use church trials to roll back what they saw as excesses from the 1960s still plaguing American society. Writing any law is necessarily a political process, but in the UMC, church trials became political battlegrounds as well, contests to determine if rank-and-file clergy approved church rules against anything resembling a same-sex marriage.

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Articles
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Copyright © the American Society for Legal History, Inc. 2012

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References

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71. Delegate Philip Wogaman of Baltimore–Washington speaking on Explanation of Nature of Social Principles,” Daily Christian Advocate, April 27, 2009, 779.

72. For former homosexuals, see Book of Discipline (1996) , 94; for the ban on homosexual unions, see ibid., 87. For clergy independence in 1916, see Murphy-Goiss, “A Historical and Sociological Analysis of Three Centuries of Methodist Views of the Family,” 138.

73. Interview with Elaine O'Rourke, January 6, 2010, digital recording, transcript.

74. Interview with Kathy McCallie, February 4, 2010, digital recording, transcript; interview with Douglas McPherson, February 7, 2011, digital recording, transcript; interview with Leslie Penrose, February 16, 2011, digital recording, notes; Pat Gilliland, “Pastor to Leave Denomination,” Daily Oklahoman, April 1997; and Kathy McCallie, “Holy Unions,” October 21, 1996, Kathy McCallie Papers.

75. Leslie Penrose, “Reflections on Our Life Together as the Community of Hope,” June 18, 1997, memorandum to COH Advisory Committee, Penrose Personal Papers, Tulsa, Oklahoma; Leslie Penrose, “Reflections on Our Life Together as the Community of Hope,” February 12, 1998, Penrose memorandum to COH Advisory Committee, Penrose Personal Papers, Tulsa, Oklahoma; interview with Douglas McPherson, February 7, 2011, digital recording, transcript; and interview with Leslie Penrose, February 16, 2011, digital recording, transcript.

76. Jimmy Creech, “Response to the Judicial Charge by Jimmy Creech, Senior Pastor First United Methodist Church, Omaha, Nebraska, January 26, 1998,” folder 1, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

77. Ibid; Jimmy Creech interviewed by Mel White in The Trials of Jimmy Creech, produced and directed by Mel White, Soulforce Production, 1998, videocassette; Jimmy Creech testimony, transcript of proceedings, Nebraska United Methodist Conference v. Reverend Jimmy Creech, United Methodist Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

78. Allen O. Morris, “The Church in Bondage: Appendix O, Case Study: The First United Methodist Church in Omaha, Nebraska,” http://www.cmpage.org/bondage/appendixo.html

79. Nebraska United Methodist Conference v. Reverend Jimmy Creech, Transcript of Jury Selection, Michael D. McClellan law offices, Omaha; and Bishop Leroy C. Hodapp, “Reflections on the Trial of Jimmy Creech,” United Methodist Church Judicial Council Box 21 stack location 2207-3-7 File 2207-3-7:01 Correspondence Creech folder 1, General Commission on Archives and History, Drew University, Madison, New Jersey.

80. Bishop Leroy C. Hodapp, “Reflections on the Trial of Jimmy Creech,” United Methodist Church Judicial Council Box 21 stack location 2207-3-7 File 2207-3-7:01 Correspondence Creech folder 1, General Commission on Archives and History, Drew University, Madison, New Jersey.

81. William Jenks testimony, transcript of proceedings, Nebraska United Methodist Conference v. Reverend Jimmy Creech, United Methodist Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

82. The Reverend Dr. Douglas Williamson, Opening Statement, Nebraska United Methodist Conference v. Reverend Jimmy Creech, Transcript of Jury Selection, Michael D. McClellan law offices, Omaha.

83. Jimmy Creech testimony, transcript of proceedings, Nebraska United Methodist Conference v. Reverend Jimmy Creech, United Methodist Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

84. Kenneth Hicks testimony, transcript of proceedings, ibid.

85. Roy Reed testimony, transcript of proceedings, ibid.

86. Ibid.

87. Bishop Leroy C. Hodapp, “Reflections on the Trial of Jimmy Creech,” United Methodist Church Judicial Council Box 21 stack location 2207-3-7File 2207-3-7:01 Correspondence Creech folder 1.

88. Steve Johnson, “Methodist Schism Grows Rift,” San Jose Mercury News, May 2, 1998, 1B.

89. Judicial Council Decision No. 833, August 8, 1998.

90. Carolyn Smith to the College of Bishops of the South Central Jurisdiction, June 15, 1998, folder 1, docket material, Creech, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

91. Louis Victor Priebe to Judicial Council, June 19, 1998, folder 1, docket material, Creech, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

92. Members First United Church UMC of Tishomingo, Oklahoma, “Judgment and Tolerance,” May 31, 1998, folder 1, docket material, Creech, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

93. Ibid.

94. South Georgia Annual Conference of the United Methodist Church, “A Brief: Submitted to the Judicial Council of the United Methodist Church,” June 22, 1998, folder 1, docket material, Creech, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

95. The Reverend David O'Dell, A Brief Concerning Par. 65 of the 1996 Discipline, June 11, 1998, folder 1, docket material, Creech, box 20, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey.

96. In Re: “Is the Discipline of The Methodist Church a Book of Law?” Decision 96, Judicial Council Decisions http://archives.umc.org/interior_judicial.asp?mid=263&JDID=180&JDMOD=VWD; and Book of Discipline (1996), ii.

97. Peter F. Milloy, “Brief to the Judicial Council of the United Methodist Church,” June 1998, folder 1, docket material, Creech, box 20, Judicial Council of the United Methodist Church, General Commission on Archives and History, Drew University, Madison, New Jersey.

98. Telephone interview with Bishop Dan Solomon, January 25, 2011, notes; telephone interview with Bishop Dan Solomon, February 3, 2011, notes; Bishop Dan Solomon email to author, February 7, 2011; and Judicial Council Decision No. 833, August 8, 1998.

99. Judicial Council Decision No. 833, August 8, 1998.

100. Interview with Sarah Hubinsky Phelps, January 11, 2010, digital recording and transcript.

101. Interview with Ellie Charlton, May 13, 2009, digital recording and transcript.

102. Interview with Don Fado, April 15, 2009, digital recording, notes; and interview with Alan Jones, August 26, 2009, digital recording.

103. The Reverend Betty Jo Birkhahn-Rommelfanger, chair, Committee on Investigation of the Northern Illinois Annual Conference, “In the Matter of Reverend Gregory R. Dell,” box 3, In All Things Charity Collection, Special Collections Northern Illinois University Library, Dekalb, Illinois; and interview with Gregory Dell, March 24, 2010, digital recording, transcript.

104. Interview with Gregory Dell, March 24, 2010, digital recording, transcript.

105. Joseph Sprague, Judicial complaint, October 12, 1998, box 3, In All Things Charity Collection, Special Collections Northern Illinois University Library, Dekalb, Illinois.

106. Dell email, October 13, 1998, file 4, ibid.

107. Stephen C. Williams, counsel for the church, “Judicial Complaint by the Northern Illinois Annual Conference of the United Methodist Church,” January 30, 1999, ibid.

108. The Reverend Betty Jo Birkhahn-Rommelfanger, chair, Committee on Investigation of the Northern Illinois Annual Conference, “In the Matter of Reverend Gregory R. Dell,” ibid.

109. Bishop George Bashore testimony, Record of Proceedings, re: The Matter of the Reverend Gregory R. Dell, box 3, ibid.

110. The Reverend Larry Pickens, opening statement, ibid.

111. Dr. Thomas Frank Testimony, ibid.

112. Ibid.

113. John McDermott Testimony, Record of Proceedings, re: The Matter of the Reverend Gregory R. Dell, box 3, In All Things Charity Collection, Special Collections Northern Illinois University Library, Dekalb, Illinois.

114. Record of Proceedings, re: The Matter of the Reverend Gregory R. Dell, box 3, In All Things Charity Collection, Special Collections Northern Illinois University Library, Dekalb, Illinois; and interview with Gregory Dell, March 24, 2010, digital recording, transcript.

115. Interview with Bishop Jack Tuell, April 17, 2010, digital recording, notes.

116. Interview with Gregory Dell, March 24, 2010, digital recording, transcript.

117. Don Fado, “The Ugliest Word in the English Language,” October 4, 1998, Don Fado Personal Papers, Sacramento.

118. Interview with Ellie Charlton, May 13, 2009, digital recording, transcript.

119. Interview with Don Fado, April 15, 2009, digital recording, notes.

120. Interview with Elane O'Rourke, January 6, 2010, digital recording, transcript.

121. Interview with Bishop Melvin Talbert, April 13, 2009, notes.

122. Interview with Ellie Charlton, May 13, 2009, digital recording, transcript; and interview with Ardith Allread, September 28, 2009, digital recording, transcript.

123. Interview with Douglas Hayward, February 8, 2009, video recording; and interview with Don Fado, April 15, 2009, digital recording, notes.

124. The Sacramento 68: Statements to the Committee on Investigation (n.p.: 2000).

125. Interview with Don Fado, April 15, 2009, digital recording, notes.

126. The Sacramento 68, 24–26.

127. Ibid., 126.

128. Ibid., 191.

129. Interview with Douglas Hayward, February 8, 2009, video recording.

130. ABC World News, January 16, 1999; “Methodist Mutiny,” Washington Post, June 30, 1999, A30; Rene Sanchez, “At Gay Wedding, Ministers Take a Vow against Church Ban,” Washington Post, January 17, 1999; Ernest Tucker, “84 Methodist Ministers to Conduct Same-Sex Marriage,” Chicago Sun-Times, January 15, 1999, 24; Hallye Jordan, “Celebration of Marriage, Gay Rights Lesbian Pair's Vow of Unity Divides United Methodists,” San Jose Mercury News, January 17, 1999, 3B; Lesbian Union Ceremony Divides Methodist Church,” CNN Sunday, January 17, 1999; Gustav Niebuhr, “68 Clerics Face Judgment over Same-Sex Union,” New York Times, June 11, 1999 ; Chauncey, Why Marriage? 45–47.

131. Don Latlin, “Methodists Divided by Lesbian Union Blessing,” San Francisco Chronicle, January 16, 1999, B1; and Joe Hoover, “Crisis in the United Methodist Church,” The American Night Watch, October 22, 1999, http://www.amnightwatch.com/umcrisis.htm (October 3, 2009).

132. Minutes for the 65C Meeting, Epworth United Methodist Church, February 25, 1999, Don Fado Papers; and interview with Ardith Allread, September 28, 2009, digital recording, transcript.

133. Melvin Talbert to author, August 21, 2009; interview with Alan Jones, August 26, 2009, digital recording; interview with Ardith Allread, September 28, 2009, digital recording, transcript; and interview with Dave Bennett, November 11, 2009, digital recording, transcript.

134. Ardith Allread, David Bennett to Bishop Melvin G. Talbert, March 23, 1999, Don Fado Papers; interview with Ardith Allread, September 28, 2009, digital recording, transcript; and interview with Dave Bennett, November 11, 2009, digital recording, transcript.

135. “Notes of the Preliminary Meeting Held with the Respondents in the January 16, 1999 Holy Union Case, September 1, 1999, Don Fado Papers.

136. Nebraska Annual Conference v. Jimmy Creech, The Church Trial of Reverend Jimmy Creech, United Methodist Church Judicial Council Records, General Commission on Archives and History, Drew University, Madison, New Jersey; and Daniel R. Gangler, “Creech Found Guilty,” Coronet, November 18, 1999, http://www.umaffirm.org/cornews/creech59.html Creech published his statement, see Creech, Jimmy, Rise Above the Law: The Appeal to the Jury, the United Methodist Church's Trial of Jimmy Creech (Omaha: Swing Bridge Press, 2000)Google Scholar.

137. “Procedures for the Hearing of the Judicial Complaint Relating to the Holy Union Ceremony Held on January 16, 1999 in Sacramento, January 14, 2000, Don Fado Papers.

138. Don Fado to Ron, e-mail, not dated, ibid.

139. Steve Harper, “Acts of Holy Union Viewed in Relation to the Wesleyan Tradition,” ibid.

140. Ronald E. Swisher to Don Fado, February 8, 2000, ibid.

141. John E. Corson, “The Committee on Investigation Hearing, Reflections by John E. Corson,” February 8, 2000, ibid.