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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


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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John D'Emilio, Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States, 1940–1970, 2d ed., (Chicago: University of Chicago Press, 1998)

Richard J. Ross, “Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of ‘Intensity,’American Historical Review 113 (2008): 9751002

Christopher Waldrep, “'So Much Sin': The Decline of Religious Discipline and the ‘Tidal Wave of Crime’,” Journal of Social History 23 (1990): 535–52

Patrick J. Egan, Nathaniel Persily, and Kevin Wallsten, “Gay Rights,” in Public Opinion and Constitutional Controversy, ed. Nathaniel Persily, Jack Citrin, and Patrick J. Egan (New York: Oxford University Press, 2008), 234–66

David John Frank and Elizabeth H. McEneaney, “The Individualization of Society and the Liberalization of State Policies on Same-Sex Sexual Relations, 1984–1995,” Social Forces 77 (1999): 911–44

Bob Davies and Lori Rentzel, Coming Out of Homosexuality: New Freedom for Men and Women (Downers Grove: Intervarsity Press, 1993), 38

Jeffrey M. Stonecash and Mack D. Mariani, “Republican Gains in the House in the 1994 Election: Class Polarization in American Politics,” Political Science Quarterly 115 (2000): 93113

David John Marley, “Ronald Reagan and the Splintering of the Christian Right,” Journal of Church & State 48 (2006): 851–68

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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