The Baltimore Presbytery voted by 79 to 38 to overture the General Assembly to provide an authoritative interpretation of W-4.9000 in the constitution of the PC(USA).
Authoritative Interpretation
The Constitution of the PCUSA refers to marriage as involving “a couple”, “a man and a woman”, and “a woman and a man” (all in W-4.9000). This wording was chosen when all legal marriages in the United States involved a couple that was, in fact, a man and a woman. However, the first sentence of W-4.9001 makes it clear that: “Marriage is a gift God has given to all humankind for the well-being of the entire human family.” That section continues with “Marriage is a civil contract between a woman and a man.” That statement, in a number of jurisdictions in the United States, and in a number of other nations, is no longer correct. Marriage may be a civil contract between a man and a man or between a woman and a woman, just as it may be a contract between a man and a woman. It is clear in the second sentence of W-4.9001 that the PCUSA recognizes the importance of the civil definition of marriage. As such, in those jurisdictions that recognize same-sex marriage the Book of Order must be understood to mean two persons who may be legally married.
Rationale
From the earliest days of the Christian church we have tried to balance spiritual authority with civil authority. In Mark 12:17 Jesus guides us with the words: “Give to Caesar what is Caesar’s and to God what is God’s.” Further on in the New Testament, we find the Apostle Paul offering guidance to the early Christians who are still struggling with this issue as they faced a hostile Roman Empire: “Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed, and those who resist will incur judgment.” (Romans 13:1-2)Even this does not provide easy answers when we are faced with a government whose values may be very different and even antagonistic to our Christian values. Nevertheless, the scriptural direction seems to be towards being subject to the laws of the state as much as we are able.
As we seek to live peacefully and productively together on this side of the Kingdom of God, we know that civil authority is a necessity. And so we try to find a balance: we try to honor and respect civil authority as we continually work to advance God’s will in those areas of life where civil authority may seem to work against God’s intention.
Our Presbyterian (USA) constitution strikes this balance in several different places, including within the definition of marriage. It defines marriage as both a “gift from God for all humankind” and “a civil contract”. Further, the case could be made that, as it stands now in the Book of Order, there is no marriage without a civil contract. Participation by ministers of the Word and Sacrament and local congregations will add necessary value to a Christian marriage through prayer, through witness by the community of faith, and through continuing pastoral care. But without the civil contract there is no marriage.
At this point in our history, we need a meaningful and authoritative interpretation regarding the definition of marriage by civil authority as compared to the definition of marriage by the church. How do we strike the balance between spiritual and civil authority that is so strongly encouraged by Jesus and the Apostle Paul?
Currently, marriage licenses are issued to same gender couples in six U.S. states (Connecticutt, Iowa, Massachusetts, New Hampshire, New York, and Vermont) and the District of Columbia. In other states, civil union licenses are issued to same gender couples. The congregations and pastors in these places find themselves trying to balance honor of civil authority (which defines marriage as between any two people) and the requirements of church law. Even more importantly, these congregations and pastors seek to balance civil and religious laws with compassionate and genuine pastoral care for members of their congregation. Same gender couples are coming to our churches with state-issued licenses in hand, asking us to give them an equal level of respect and pastoral care as we give to opposite gender couples in our congregations. They are asking us to honor our baptismal vows to support and nurture them in their life together.
As the civil definition of marriage rapidly changes beneath our feet, there has been an assumption by some in the church that we balance civil and religious authorities best when we insist that religious tradition trumps civil law. Unfortunately, that assumption is neither pastoral nor biblical. This Authoritative Interpretation seeks to offer a balance that is more in line with changing laws regarding marriage. Let us provide a thoughtful, biblical and compassionate interpretation for a section of the Book of Order that no longer accurately reflects civil law in our country.
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