Petition 90038

Petition 90038 amending Paragraph 635.2.h:

Petition 90038 (ADCA 185), Calendar Item 7 (DCA 383)– Amends ¶ 635.2.h of the Discipline to require the Board of Ministry to conduct an examination to ascertain whether an individual is a practicing homosexual, including information on social media, and certify that such an examination has occurred. Prohibits Board of Ministry from recommending an individual to the clergy session for commissioning or ordination if it is determined as a matter of fact that an individual is a practicing homosexual.  In Decision 1366, the Judicial Council held this petition unconstitutional because it violated the principle of legality. The Parliamentary maneuvering during the February 25 Legislative Committee and February 26 plenary session prevented an amendment from being considered which would have addressed this infirmity. Thus, petition 90038 most likely will be held unconstitutional.

Paragraph 635.2.h as adopted by the plenary session is as follows:

Amend by addition ¶ 635.2.h:

To examine all applicants as to their fitness for the ordained ministry and make full inquiry as to the fitness of the candidate for: (1) annual election as local pastor; (2) election to associate membership; (3) election to pro-visional membership; and (4) election to full conference membership. The Board of Ministry shall conduct an ex-amination to ascertain whether an individual is a practicing homosexual, including information on social media, as defined by the Book of Discipline. The board shall certify that such an examination has occurred and its results. If it is determined as a matter of fact that an individual is a practicing homosexual, the board shall not recommend the individual to the clergy session of the annual conference for commissioning or ordination.