Petition 90042 amending Paragraph 2711.3:
Petition 90042 (ADCA at 191), Calendar Item 11 (DCA 384) – Amends ¶ 2711.3 of the Discipline to establish a minimum penalty, where a person has been found to have conducted ceremonies which celebrate homosexual unions or performing same-sex wedding ceremonies, of one year suspension without pay for a first offense, and termination of conference membership and revocation of credentials of licensing, ordination, or consecration for a second offense. See newly adopted ¶ 2711.3.
Newly adopted ¶ 2711.3 is as follows:
¶ 2711. Power of the Trial Court
- Penalties – If the Trial Results in Conviction. Further testimony may be heard and arguments by counsel presented regarding what the penalty should be. The tri-al court shall determine the penalty, which shall require a vote of at least seven members. The trial court shall have the power to remove the respondent from professing membership, terminate the conference membership and/or revoke the credentials of conference membership and/or ordination or consecration of the respondent, suspend the respondent from the exercise of the functions of office, or to fix a lesser penalty. Except, where the conviction is for conducting ceremonies which celebrate homosexual unions, or performing same-sex wedding ceremonies un-der ¶ 2702.1(b) or (d), the trial court does not have the power to and may not fix a penalty less than the following: a) First (1st) offense – One (1) year’s suspension without pay.
- b) Second (2nd) offense – Not less than termination of conference membership and revocation of credentials of licensing, ordination, or consecration.
The penalty fixed by the trial court shall take effect immediately unless otherwise indicated by the trial court.