Contact: Dr. James V. Heidinger II
859-858-4661
Dr. Scott Field
630-904-1035
Date: March 25, 2004
In what has become one of the most surreal and bizarre verdicts in a United Methodist church trial, the Rev. Karen T. Dammann is now able to say, “I’m in good standing.”
She made that declaration at a news conference in Bothell, Washington, after a 13-member jury of her Pacific Northwest Conference clergy colleagues voted to acquit the outspoken lesbian clergywoman of the charge of “practices declared by the United Methodist Church to be incompatible with Christian teachings.”
In a decision on Saturday, March 20, that has elated some United Methodists and hurt, confused, and angered many, many others, eleven members of the church court voted to find Rev. Dammann not guilty. Two said they were undecided. None supported a guilty verdict. And with that decision, the United Methodist Church finds itself in the midst of one of its most serious crises in more than a decade.
According to the standards found in the denomination’s Book of Discipline, Dammann cannot possibly be “in good standing” while being in a publicly acknowledged, lesbian relationship. (In fact, Damman and her long-time partner, Meredith, participated in a same-sex “wedding” ceremony the week prior to the trial.) Furthermore, the United Methodist Church cannot continue with any sense of unity with these kinds of destructive irregularities tearing at the heart, soul, and conscience of our church.
A Summary of the Case
In 2001, the Rev. Karen Dammann indicated to Bishop Elias Galvan (Seattle Area) by letter that she was in a partnered relationship with another woman, but that nonetheless, she desired an appointment in the Pacific Northwest Annual Conference. Months later, Bishop Galvan filed a formal complaint against Dammann, which was sent to the conference Committee on Investigation, and was summarily dropped. It was then sent to the Jurisdictional Committee on Appeals, and again dismissed. Both panels had persons who admitted publicly their disagreement with United Methodism’s standards on homosexuality and stated their unwillingness to vote to send the case to trial. The latter appeal was sent automatically to the United Methodist Judicial Council for review and the Council remanded the charge back to the conference, instructing them to deal with the matter seriously. In Decision 980, the Judicial Council stated it would retain jurisdiction of the matter to ensure the decision was implemented. The charge against Dammann was reintroduced and the church trial began Wednesday, March 17, with retired Bishop William Grove serving as trial judge.
A Flawed Trial—An Indefensible Verdict
What has angered, confused, and embarrassed United Methodists is the conflicted and contradictory statement of the jury. In its verdict, the jury chairperson, the Rev. Judy Schultz, said, “While sustaining the specification that Rev. Karen Dammann is a self-avowed practicing homosexual, we, the trial court, do not find the evidence presented…to be clear and convincing that Karen Dammann has engaged in any practices declared by the United Methodist Church to be incompatible with Christian teachings. We cannot sustain the charge.”
This verdict is astonishing in light of these two acknowledged facts: first, Dammann had admitted to Bishop Galvan that she was in a covenanted relationship with another woman; and second, the trial jury admitted the same, verifying that Dammann was “a self-avowed practicing homosexual.” These facts should have led to a verdict of guilty for Dammann. The case should have been open and shut in light of the evidence. The jurors, however, were not willing to see or accept the obvious. Such a refusal to act upon a clear matter of law is known in civil trials as “jury nullification.” It would appear that “nullification” is precisely what transpired with the Pacific Northwest Conference trial court.
In the statement read after the verdict, the jury said, “We searched the Discipline and did not find a declaration that the practice of homosexuality is incompatible with Christian teachings.” Such a claim would be laughable if it weren’t so irresponsible and intellectually dishonest. It reminds one of the words of Humpty Dumpty in Through the Looking Glass, “When I use a word, it means just what I choose it to mean—neither more nor less.” The well-known, oft-debated phrase found in the Book of Discipline about homosexuality since 1972 is the one stating that we “consider this practice incompatible with Christian teaching” (Par. 161 G). The pro-homosexual constituency has been trying to remove that phrase ever since.
Even a newcomer to the United Methodist Church could find the relevant passage in the Book of Discipline dealing with standards for ordained ministry. The Discipline says, “Since the practice of homosexuality is incompatible with Christian teaching, self-avowed practicing homosexuals are not to be accepted as candidates, ordained as ministers, or appointed to serve in The United Methodist Church” (Par. 304.3). The Discipline could not be clearer about this matter.
The focus of the trial was to have been upon Karen Dammann and whether she had violated church law because of her partnered relationship. The defense, however, brought in numerous witnesses to speak to questions of biblical interpretation, theology, and the history of the church’s standards on homosexuality. The result was that the church’s standards ended up on trial, not Dammann. The task of the court was not to critique and evaluate the rightness or wrongness of the church’s standards, but to determine if Dammann had violated those standards. These witnesses should have been declared irrelevant and out of order by the trial judge.
The Trial and its Implications for the Church
Aspects about the process of the trial and its verdict are at once, seriously flawed, an embarrassment to clear-thinking United Methodists everywhere, and a threat to the unity of the United Methodist Church.
First, it is apparent that the Pacific Northwest Conference (if not the entire Western Jurisdiction) has broken covenant with the rest of the denomination. Their actions in this verdict are consistent with the statement passed by the Western Jurisdiction in the summer of 2000, when its delegates defiantly declared, “We Will Not Be Silent.” It was that jurisdiction’s way of saying it did not intend to abide by the rulings of General Conference. The actions of the PNW Annual Conference in its earlier casual dismissal of the Dammann complaint, and now in this recent trial, are schismatic acts. That is, they are indications this conference is separating itself from United Methodist doctrine and polity.
Second, the panel of 13 jurors reporting 11 votes for acquittal is a disturbing example of “jury nullification,” a situation in which jurors refuse to acknowledge clear and established law in the disposition of a case. The Church cannot continue with an autonomous constituency that chooses to smugly ignore church standards, substituting their own desires for the agreed upon policies of the General Conference.
Third, the trial made a mockery of our church and its polity. We saw this when the clergyman who prosecuted the case against Dammann said to reporters after the trial, “I’m glad I lost.” He also said he believes the jury disregarded church teachings, but added, “I don’t feel bad about that.” Can anyone, regardless of his or her views on this divisive issue, believe there is any integrity in this kind of process?
Fourth, we are deeply distressed that three retired United Methodist bishops testified on behalf of Dammann. This raises a major question about whether bishops should ever appear before a church court to speak in support of a position that is in direct opposition to church law and the Book of Discipline, let alone the church’s long tradition. This appears to us to be an egregious misuse of the Episcopal office.
What Can United Methodists Do?
The first thing we would say to United Methodists all across the country is that you can make a difference in the future of the denomination. Now is the time for unified and prayerful United Methodists to speak out. Departure from the denomination out of frustration only weakens our church’s Apostolic witness. An older generation of liberal leadership is passing off the scene and the church will soon welcome a new generation of leaders. Evangelicals are, and will increasingly be, a major part of the emerging new leadership.
Here are things concerned United Methodists can and will be doing:
1. First, let us call the denomination to prayer and fasting. During this Lenten season, we should make prayer and fasting a part of our church’s involvement, including Sunday school classes and small group gatherings. Remember, effectual, fervent prayer avails much! Those pastors and laity in the Western Jurisdiction who are upholding the church standards feel hopeless and isolated. Let’s lift them in prayer daily. (Be a part of Good News’ General Conference Prayer and Information e-mail list. Send to: Letters@goodnewsmag.org.)
2. Use every possible means to communicate your concern about the trial and issues it has raised. Write your bishop, district superintendent, as well as district and conference leaders, urging them to take immediate remedial action (including speaking out personally). Anguished United Methodists need to hear from other leaders of the church and soon. Here are specific suggestions as to how to communicate:
a. Write thoughtful, substantive letters, typed or printed preferably. Avoid angry remarks, threats, or name-calling. Appeal for accountability and faithfulness to the church and its standards. Urge others to call the Western Jurisdiction to accountability.
b. Send e-mails. Think and write carefully and prayerfully before pushing the “send” key. Make sure your communication is grace-filled while being firm.
c. Call some of your church leaders to express personally your deep concern. Let them know you are praying for them during these troubled days and as we approach General Conference.
3. Communicate with your General Conference delegation. Again, be grace-filled and measured. They have much reading to do. Your brevity will guarantee your letter being read.
4. As you write, e-mail and call, here are possible ways the crisis might be addressed:
a. Urge the Judicial Council, as it has retained jurisdiction of the trial, to review the trial to determine if it was, in fact, a serious juridical procedure or only a pretense of a trial.
b. Urge bishops to find a way to address this crisis as a way of leading the church in matters temporal and spiritual. We are pleased that a number of our active bishops have already issued statements expressing their distress about the trial’s outcome. Express appreciation to them for speaking out publicly on the matter, but urge them to not stop with just speaking out, they need to take action. Urge your bishop (or the Council of Bishops) to call upon the Judicial Council to review the integrity of the entire Dammann trial and verdict. The Council needs to lead the church in helping the Western Jurisdiction either become a part of the connection once again, or recommend some action that would allow non-compliant pastors and churches to withdraw amicably. To get the name and address of your bishop, go to the Good News web site, front page: www.goodnewsmag.org.
c. Delegates at the 2004 General Conference might consider a call for repentance to the Pacific Northwest Annual Conference (or the entire Western Jurisdiction) and consider ways to try to bring the Western Jurisdiction back into fellowship with the rest of the denomination. (We are aware that the actions of the PNW Conference and Western Jurisdiction do not represent all of their pastors and laity. Many of them are embarrassed by the actions of their conference and jurisdiction.)
d. Delegates at the 2004 General Conference might entertain a resolution of censure of at least the Pacific Northwest Annual Conference and perhaps the entire Western Jurisdiction. Some have questioned whether the General Conference delegation from the Pacific Northwest Annual Conference should be seated, in light of the conference’s breaking covenant with the rest of the church.
5. Urge your General Conference delegates to support legislation that strengthens the accountability of United Methodist leaders and that closes loopholes in the church’s judicial proceedings. (See Good News’ proposed legislation on our web site: www.goodnewsmag.org)
6. Some churches and individuals are already feeling compelled to consider redirecting contributions which have in the past gone into the UM denominational channels. Some already are doing so. Many United Methodists feel this is the only way left to voice their protest of an errant, unfaithful church. It is tragic when United Methodists feel that they are compromising their commitments by giving to the denominational system. As delegates gather in Pittsburgh next month to wrestle with the denomination’s financial shortages, they should be ready to admit there is a connection between our church’s financial shortfall and the massive, adverse publicity that comes from those who flaunt their disregard for the Book of Discipline and continue to push for the approval of homosexual practice and same-sex marriages. (Speaking of adverse publicity, most of the major U.S. newspapers have carried articles about the trial, including two days of consecutive front-page stories in the New York Times.)
United Methodism is not experiencing a shortage of financial resources. We are facing a shortage of confidence and trust about whether the church and its leadership are being faithful to our doctrine and polity.
The enormous negative fallout from the Dammann trial can only be reversed or remedied by major action by our United Methodist Council of Bishops, the Judicial Council, or the delegates as they gather next month in Pittsburgh. The voices of faithful United Methodists all across the church can play a vital role in ensuring that some action will be taken.
Again, we invite concerned United Methodists to be a part of Good News’ General Conference Prayer and Information e-mail list. For periodic e-mailings, send your name and e-mail address to: Letters@goodnewsmag.org. We also welcome information about what action your church may be taking.
In closing, we urge you to remember the words that Paul wrote to the Church at Philippi, which are so timely for us today: “Whatever happens, conduct yourselves in a manner worthy of the gospel of Christ” ( Phil. 1:27). Amen.
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-- Authorized by the Executive Committee of the Good News Board, meeting by teleconference Tuesday evening, March 23, 2004. Approved by e-mail consensus of the full board of directors of Good News.