Defining The Status Quo

Firstly,  the membership of homosexual persons is given no specific classification or proscription within the Uniting Church.  The rules of the church are set out in three places, namely, the Basis of Union, the Regulations and policies of the church and within the resolutions of the Assembly or its Standing Committee. 

In the Basis of Union, it states: 
"... membership is open to all who are baptized into the Holy Catholic Church in the name of the Father and of the Son and of the Holy Spirit." (Basis, 12.)

Membership is open to all persons and all persons are subject to the same decision-making processes concerning entry into membeship. (Regulations 1.1.1 to 1.1.24)

Secondly, resolutions of the Assembly and the Assembly Standing Committee (ASC) have referred to questions or matters relating to homosexuality in several instances.  There have been no doctrinal statements relating to these matters.

Thirdly, in relation to policy in regard to homosexuality and ordained ministry, three resolutions of the Assembly Standing Committee, currently stand.  These are Standing Committee minutes 82.12, 87.46 and 94.78.3 and they may be read in Appendix 2 of the report Uniting Sexuality and Faith.  The effect of those resolutions was summarised by the former Assembly General Secretary, Rev. Gregor Henderson, on 15 September, 1997, in the following way.

"The current policy (as at September, 1997, Ed).can be summarised as follows.
1. All applicants for candidature for the ordained ministries and all candidates for ordination are to be assessed through the procedures of parish, parish minister, presbytery and synod on an individual basis (as laid down in Regulations 2.2.1 - 2.2.15 and 2.3.1).
2. In assessing suitability for candidature and for ordination, many factors are to be taken into account (see Regs 2.2.1(a)(ii), 2.2.3(b), 2.2.4, 2.2.7, 2.2.8, 2.2.11, 2.3.1), with the emphasis on gifts for ministry, perceived call from God, spiritual maturity, personal character and abilities, potential for leadership, and capacity to undertake the course of study.
3. The sexual orientation of an applicant or candidate is not and has not been in itself a bar to candidature or ordination. A decision on the suitability of an applicant or candidate may of course depend, among other things, on the manner in which the applicant’s or candidate’s sexuality is expressed. 
4. Presbyteries are the usual decision-makers on individual suitability for candidature and ordination. Where there is disagreement between the presbytery and the synod selection panel or the presbytery is unable to make a decision or the applicant appeals against the presbytery’s decision, a synod body makes the decision on candidature.
5. Although the Regulations require individual assessment of applicants and candidates, the Assembly has not taken any decision which would prevent a presbytery from deciding that a particular pattern of sexual conduct would be a determining factor for a negative decision on applications for candidature or ordination.
6. The same policies apply (by extension) to the presbytery’s oversight of its ministers."
(Current Policy on Homosexuality, 15 September 1997 sexpol2.doc)

It is significant that the comments of Gregor Henderson are based on the UCA Regulations and are interpreted by way     of ASC minute 94.78.3 (4) which contains the statement that "Standing Committee believes that presbyteries are to assess applicants on an individual basis, according to the provisions of the Regulations."  The decisions of the 8th Assembly upheld resolutions 82.12, 87.46, 91.95.3(a), 92.31 and  94.78.3 and these policies remain in place [see minute 97.31.15 (e)].  It is not a role of presbyteries to make prior determinations or rules that would prevent candidates from being considered on an individual basis.  This policy is has been ignored or otherwise challenged in cases where some presbyteries and even congregations have made (or have attempted to make) rules that bar consideration of candidates on the grounds of sexual orientation or "homosexual lifestyle".   It is appropriate however, for a presbytery to take into account the way in which all applicants "express" their sexuality [see ASC minite 94.78.3 (4)].  The dual principle set in ASC minute 82.12, that "the sexual orientation of a candidate is not and has not been in itself a bar to ordination" and that a "decision on the suitability of a candidate may of course depend among other things on the manner in which his or her sexuality is expressed" gives wide scope in choice.  Some presbyteries may choose not to approve the selection of a homosexual person as a candidate as that may be seen as an inappropriate "expression" of sexuality, while another presbytery may so choose.  Questions may then arise as to how the Church stands in relation to equal opportunity and anti discrimination laws.  Some presbyteries may seek to exempt themselves and others may not.

Decisions of the Eighth Assembly, Perth 1997 are significant.

While the recommendations concerning homosexuality presented within the report, Uniting Sexuality and Faith, were not adopted, Assembly resolution 97.31 contains points of value that apply to issues of sexuality in general.  By extension they also speak to issues of homosexuality.  The Assembly resolved: 

97.31.05 to affirm the joys and responsibilities of God's good gift of sexuality; 

97.31.06 to reject judgmental attitudes in sexual ethics and witness to the renewing grace of God in this as in all areas of human behaviour; 

97.31.07 to recognise the importance of responsible sexual behaviour and that all practices of sexuality which are exploitative and demeaning are unacceptable and contradict God’s purposes for us; 

97.31.08 (b) to acknowledge the diversity of human relationships in which Uniting Church members are involved and the different Biblical, theological, ethnic and cultural responses of groups within the Church to these relationships;

97.31.14 to request the Standing Committee, following consultation with the Commission on Doctrine, to appoint a group representative of the different perspectives in the Uniting Church in Australia, to prepare and make available material on ways in which the Church understands and uses the Bible in seeking to live in faithfulness to the Gospel; 

97.31.15 recognising with sadness its inability at this time to reach further agreement in regard to outstanding matters arising from the report Uniting Sexuality and Faith and recognising also the commitment of the Church to be both multicultural and inclusive, to

(a) commit the Church to a continuing dialogue on the matters as yet unresolved in the same spirit of openness and compassion that has prevailed during the meeting of this Assembly;

(b) acknowledge the disappointment of those who were looking to the Assembly for greater clarity and direction in regard to these matters; express deep regret to those whose personal pain remains unalleviated by its inability to reach further decisions at this time;

(d) convey to the UAICC the Assembly's commitment to remain in covenantal relationship and to continue in dialogue about these matters;

(e) note the decisions of the Assembly Standing Committee expressed in resolutions 82.12, 87.46, 91.95.3(a), 92.31 and  94.78.3 and that these policies remain in place;

(f) not proceed with the remaining proposals relating to sexuality except for proposal 51 (see minute 97.31.16).

By 2000, it was obvious that these commitments were abused or broken by some sections of the church.  Many gay and lesbain persons within the church continued to experience harassment and vilification. Suggestions were made that dialogue should end or be placed under embargo. 

Questions of sexuality were again raised at the Ninth Assembly, Adelaide, 2000. 
While there was much discussion at the 2000 Assembly on issues of sexuality, only two resolutions resulted and they were Assembly resolutions 00.25.03 and 00.25.04. 

00.25.03 to adopt the following Statement on Unity and Diversity and commend it to all Synods, Presbyteries and Congregations:

STATEMENT ON UNITY AND DIVERSITY

We celebrate 
· that the church’s faith is in the triune God, Father, Son and Holy Spirit, and that the church’s work and unity are built upon the person and work of the Lord Jesus Christ;

· that in the Uniting Church we have already agreed on and affirmed important matters regarding marriage, marriage preparation, marriage counseling, divorce, re-marriage,  sexuality and sexual ethics (Assembly minutes 97.31.5-97.31.13);

We affirm
· the authority of the Scriptures as defined in the Basis of Union, acknowledging that within the church there is a range of views on questions of Biblical interpretation on various matters of Christian faith and practice;

· we are bound together by Christ, and because we love the Uniting Church as part of the one holy catholic and apostolic church we will continue to work together in our diversity as servants of the living God;

We acknowledge
· that issues regarding committed same sex relationships and ordination were unresolved by the Eighth Assembly in 1997 and the Ninth Assembly in 2000 and remain unresolved;

· that the diversity of viewpoints and the lack of resolution of these issues have resulted in tension within the life of the church;

We regret
· that some people have felt hurt or offended because of the church’s acceptance of diversity;

· that some people feel excluded from exercising their gifts of faith and ministry in their local congregations; 

We reject
· all forms of vilification and harassment within the life of the church;

We pray
· that God will continue to bless and use the diverse gifts of all church members as we seek to work together to make known God’s love and salvation.

(a)  to request all councils of the church to take steps to ensure that any instance of vilification and harassment is dealt with effectively and consistently;

(b)  to request the Standing Committee to issue guidelines to assist councils to fulfil this request.

The Assembly Standing Committee has made significant resolutions. 
In March, 1982, the ASC ruled by resolution... 

"that Standing Committee advise the Presbytery that in its view the sexual orientation of a candidate is not and has not been in itself a bar to ordination. A decision on the suitability of a candidate may of course depend among other things on the manner in which his or her sexuality is expressed." [ASC minute 82.12]

This resolution was expanded in September, 1982, and a resolution (ASC Minute 82.101).

In 1987, following adoption of the report, Homosexuality and the Church: Responses, the ASC ruled that it ...

1. affirms that all baptised Christians belong in Christ’s church and are to be welcomed at his table, regardless of their sexual orientation’; and 
2. notes that there is a range of deeply held convictions within the UCA about significant aspects of the debate, particularly touching on the interpretation of scripture and the understanding of human sexuality generally;
3. encourages church members to explore more fully their understanding of issues relating to human sexuality and the family, including homosexuality;
4. in the matter of ordination

a.  affirms that existing procedures provide adequate opportunity for Presbyteries to exercise their responsibility in discipline and pastoral care;
b.  believes that each Presbytery will select as candidates and approve for ordination only those whom it believes to be suitable for ministry;
c.  notes that the report "Homosexuality and the Church: Responses" helps to clarify some of the issues involved, including the church's expectation that its ministers will adhere to the standards of celibacy in singleness and faithfulness in marriage. [ASC minute 87.46]

1. Standing Committee is aware of a range of questions concerning the way the church responds to applications from homosexual persons for candidature for Minister of the Word, Deacon, and Youth Worker. Standing Committee notes that previous guidance has been offered to church councils on the matter of ordination and homosexuality, in 1982 and 1987. 
2. Standing Committee acknowledges that doctrinal matters are among the issues which underlie the question of the suitability and acceptance of homosexual persons as candidates.  Given the range of deeply-held convictions within the Uniting Church on the scriptural and theological issues and on the understanding of human sexuality generally, Standing Committee is of the view that the church is not ready to make declarations through the Assembly on the doctrinal matters. It believes that this is a time for listening, meeting and discussion, and that this may best be done in presbyteries as members of the church meet to respond to particular people and their search for a place in the ministry of the church. 
3. Standing Committee reminds church councils and members that the Uniting Church is in the midst of a process of listening through the work of the Task Group on Sexuality. Following receipt of the Task Group's report in 1997, the Assembly may be in a position to offer further guidance to the church on the suitability and acceptance of homosexual applicants for candidature, but Standing Committee notes that  the terms of reference of the Task Group state "the report should provide suggestions on how to minister to those struggling with issues of sexuality, rather than provide a set of rules" (Standing Committee minute 92.26.3). 
4. Within the polity of the Uniting Church, decisions on applications for candidature are made by presbyteries. Standing Committee believes that presbyteries are to assess applicants on an individual basis, according to the provisions of the Regulations.  It is appropriate for the presbytery, in fulfilling its responsibilities under Regulations 2.2.4(d) and 2.2.8, to take into account the way in which all applicants express their sexuality.
5. Standing Committee in 1987 referred to "the church's expectation that its ministers will adhere to the standards of celibacy in singleness and faithfulness in marriage" (minute 87.46(c)). This statement of expectation was based on responses received to the 1985 publication "Homosexuality and the Church" rather than on a formal decision of any council of the church. The 1988 and 1991 Assemblies declined to vote on motions which sought to make such a statement a requirement or necessary condition for ordination. Minute 87.46(c) is therefore not a policy statement of the Assembly but presbyteries may choose to take it into account in assessing the suitability and acceptance of applicants for candidature.

In March, 2003, the Assembly Standing Committee (ASC) of the Uniting Church in Australia adopted a policy statement on prevention of vilification and harassment. The Policy may be read or copied from the following site: UCA National Assembly. (External link)

In June 3, 2003, a meeting was held with representatives of all concerned groups (including Uniting Network, EMU, rural, ethnic, indigenous and the ASC and other church groups) to consider implications of Assembly Minute 00.25.03 and unresolved issues concerning sexuality. 

On June 3, 2003, the ASC called a Consultation between the Sexuality Reference Group, other persons nominated by Assembly Officers representing ethnic communities within the church, and invited members of EMU and Uniting Network.  This consultation sought to discern suitable proposals to be considered at the Tenth Assembly. 

June 27, 2003, the ASC report, with resolutions to bring before the Tenth Assembly, was sent to members of the ASC. In essence, this report and its resolutions give a clear statement of the Church's present position.  It takes note of diverse opinion within the Church concerning sexuality and Christian ethics.  It names those disparate views as "mutually exclusive".  It reminds presbyteries of their role and relating to placements and candidates and calls upon the ASC  to provide guidance for Congregations and Presbyteries on how to conduct discussions on contentious issues in ways that comply with the Church’s policy on vilification and harassment.  It also asks the ASC to seek advice for the Church on the legal implications of the relevant legislation, eg anti discrimination legislation, anti vilification legislation, etc; and to advise Councils of the Church of this advice; and subsequently amend, on the advice of the Legal Reference Committee, the Regulation 2.7.16 (l) to make more explicit the role of presbyteries in the placement of people in specified ministries.  In seaking to presbyteries of existing guidelines and policies, it speaks to the whole Church.  It states the status quo and provides a guide to living with diversity in a multicultural church.

July 2003  Decisions of the Tenth Assembly
During the Tenth Assembly, the resolutions from the ASC, together with amendments and other related proposals, went to the facilitation group to bring forward a resolution.  This resulted in resolution 84 being presented to the Assembly to be voted upon.  It was passed with a considerable majority (of the order of 80% for the motion) minute 03.12.04..

Resolution 84 made no changes in Church policy.  The situation is exactly the same as it was before we went into the Assembly.  We remain "one in Christ" without barriers of distinction being imposed on membership.  In selecting its people for leadership positions, the rules remain the same. 

In considering issues related to candidature, ordination or commissioning for specified ministries, and the placement of persons in specified ministries, decisions should only be taken on a case by case basis; and a decision on the suitability of an applicant or candidate depends upon a wide range of criteria and may include consideration of the manner in which the applicant’s or candidate’s sexuality is expressed. (Resolution 84.3)

The decision means that those who wished to place limits on diversity have failed to bring change.  Membership remains open to all persons of faith through baptism, subject only to the guidance of the Basis of Union, the Constitution, the Regulations and policies of the Assembly.   That denies any discrimination on grounds of sexuality. 

The decision also means that the Church has acknowledged that the diversity within it includes diversity in interpretation of Scripture and in understanding of Christian sexual ethics.  It also acknowledges that on some issues Church members have "mutually exclusive" positions.  It identifies two of those positions in terms of the ethical principles known as "celibacy in singleness and faithfulness in marriage (cisafim)" and as "right relationships as outlined in Uniting Sexuality and Faith.  Thus the Church has not adopted any of these ethical positions as doctrine and gives recognition to the fact that some members of the Church may hold either of these ethical standards.  The implications here are that since the Church has no doctrinal position with respect to restricting membership or even the participation of homosexual persons in the Church, it is subject to anti discrimination laws. 

Where some parts of the church have previously decided to place barriers based on sexuality, in an attempt to restrict the membership and / or ordination, placement, practice and participation, those decisions are now invalid. 

By providing for guidance in how to conduct discussions on contentious issues, the Church is seeking compliance with its policies, especially those regarding vilification and harassment.  Again, previous decisions of the Church are being implemented with care.  Where it seeks legal advice prior to advising the councils of the Church on matters of law relating to anti discrimination and anti vilification legislation, the Church is exercising appropriate pastoral care and responsibility. 

Significantly, the decision speaks of faith, church practice, sexual ethics, same sex relationships and sexuality and does not speak in terms of 'homosexuality' or 'sexual orientation'.  The distinctive language and ideology of some conservative, evangelical sections of the Church is neither engaged nor upheld in this decision.  The decision marks a decisive step forward in the way in which we speak of sexuality.  Other decisions of the Assembly stand, especially those of the 8th Assembly (97.31.05-08(b)).  Some members of the UCA appear to have come to a position in which they feel that they cannot continue to live in a church that embraces the diversity that the Assembly upholds.  However, the Church stands by its decisions and calls us into greater unity without a diminished diversity.

Commitment to Decade of Overcoming Violence

The Tenth Assembly also committed the Church to participation in the World Council of Churches' declaration of a Decade to Overcome Violence.  It is appropriate that its commitment "to work together for peace, justice, and reconciliation at all levels- local, regional and global" be extended to include those relating to issues of gender and sexuality within the Church.  The decision "to call on all members, councils, agencies, congregations and groups of the Uniting Church to examine their own lives in order to overcome violence and to transform systems and structures of injustice," sits well with the decisons of resolution 84 and an ethical standard of right relationships.

Jesus calls us into a loving community where even insurmountable differences are faced with integrity and respect.  More than this, He says,

"You have heard that it was said, 'You shall love your neighbor and hate your enemy.' 
But I say to you, Love your enemies and pray for those who persecute you, 
so that you may be children of your Father in heaven;" (Matthew 5:43 -45a)

August 24th, 2003,  The Assembly Standing Committee amended the wording of R84 (ASC minute 03.96) to make it clear that no changes had been made to UCA doctrines, policies and polity.  Read more...

(a) Step 1 – responding to the requests of synods and presbyteries
refer Assembly minute 03.12.04 as varied by ASC minute 03.69 (proposal 84) to congregations and presbyteries for their responses by 30 April 2004;

(b) Step 2 - wrestling with the issues
a period of Biblical and theological study throughout the Church, from June 2004 to June 2005, whereby members and councils, guided by the Basis of Union especially Paragraphs 5 and 11, seek further to discern God’s will in this matter;

(c) Step 3 - towards decision-making
prepare a full report on steps 1 and 2 by September 2005, in order to resource synods and presbyteries as they prepare for the 11th Assembly;

17/11/03
W. L. Anderson B.A., B.Ed., B.Th (Hons.), Dip. T
©Web Editor.

Read Resolution 84.

Pastoral Letters from the Assembly President, Rev. Dr Dean Drayton and the Moderators of Synods.

Editorial comment. 

FoU Press Releases August 2003