Last week Rev. Jane Adams Spahr was found not-guilty of ministerial misconduct, even after the openly lesbian Presbyterian minister had defied the teachings of her church by performing "marriages" for two lesbian couples. Given the current state of mainline Protestantism, the actions by the trial court were not completely unexpected. Nevertheless, this act of rebellion against the church's law and the clear teachings of Scripture sets the stage for an even larger conflict when the Presbyterian Church (U.S.A.) holds its General Assembly in June.
Rev. Jane Adams Spahr is no stranger to controversy. In 1991, the Downtown United Presbyterian Church in Rochester, New York called her as co-pastor. That call was subsequently invalidated by the denomination's General Assembly and its Permanent Judicial Commission. Nevertheless, the church then called her to serve as a "lesbian evangelist" and she established her ministry as the organization called "That All May Freely Serve." That ministry was formed in partnership with Westminster Presbyterian Church in Tiburon, California. As the denomination's news service, PCUSA News explained, "Since then, Spahr has traveled the country mustering support for the ordination of gay and lesbian Presbyterians and building a network of regional groups to help in the effort."
The current controversy emerged as Spahr was charged with breaking church law by marrying two homosexual men in Canada. Since her ordination was not recognized in that country, and therefore her name did not appear on the marriage certificate, a church court ruled that it could not prove that she had actually officiated at the wedding.
In short order, she eliminated that defense by openly officiating at the "weddings" of two lesbian couples. She officiated at ceremonies for Annie Senechal and Sherrill Figuera in 2005, and the previous year had officiated at a ceremony for Barbara Jean Douglass and Connie Valois.
Her current trial took place before the Permanent Judicial Commission of the Redwoods Presbytery in California. The trial took place at the Church of the Roses in Santa Rosa, located about 65 miles north of San Francisco.
As media reports indicated, the church was often packed with Spahr's supporters and those who were openly advocating for a rebellion against the church's rules.
Stephen L. Taber, the attorney prosecuting Spahr on behalf of the Redwoods Presbytery, had argued that the trial was not over gay rights, but the right of the denomination to establish its own rules and structure for church discipline. "The burden on this commission is not to decide whether same-sex marriage is or is not appropriate for the Presbyterian Church (U.S.A.)," he argued. "The only question here is whether Rev. Spahr committed certain acts, and whether those acts are in violation of the Constitution of the Presbyterian Church."
Taber was standing on firm constitutional ground as he made his case. After all, the denomination's Book of Order defines marriage as a covenant between a man and a woman, excluding all alternatives. Furthermore, the Permanent Judicial Commission of the General Assembly ruled in 2000 that ministers may bless same sex "unions," but may not call such unions marriage.
In presenting her defense, Spahr claimed a right to individual conscience. As PCUSA News reported: "Spahr, as the first witness called before the seven-member commission, was far from repentant for presiding over the nuptials of the lesbian couples. She said she was following her conscience, a call from God and the wishes of the 'brides' when she officiated at their weddings."
In pressing her case, Spahr argued that the church's rules that disallow same-sex marriage are unfair and unjust. "I can't begin to tell you what it is to say to [same-sex couples] that they were married by the church, by the authority of someone representing the church of Jesus Christ," Spahr told the court. "What it means for lesbian and gay people who are told for so long that they're no good, that our relationships are no good. That has a profound effect on them." She also claimed that the denomination's rules limiting marriage to heterosexuals violates the church's commitment to "love and hospitality."
