From legal to legislative endeavor.

Well, obviously I've broken the rhythm of my new posting initiative. In my defense, I've been quite consumed writing new resolutions in light of the decision in the ecclesiastical trial of Pr. Bradley Schmeling of the ELCA (the Lutheran denomination to which I belong). While the annual release of resolution templates for use across the 65 synods (regional authorities) of the ELCA is always a joy, this year it is quite a complex experience, because I am now working in both the judicial and legislative aspects of eliminating the ELCA's policy of discrimination against people in same-gender relationships. So below is what I believe to be one of the smoothest resolutions I've ever written (if you, dear reader, permit a moment of self-pleasedness). This and other templates are being pursued across the ELCA by our allies - an amazing pursuit of a more just church.

A MEMORIAL TO RESPOND TO THE DECISION OF THE DISCIPLINE HEARING COMMITTEE

WHEREAS, the 2005 ELCA Churchwide Assembly urged every part of the ELCA to “concentrate on finding ways to live together faithfully in the midst of disagreements, recognizing the God-given mission and communion that we share as members of the body of Christ”; and

WHEREAS, the discipline hearing committee constituted to consider charges against Pr. Bradley E. Schmeling suggested that synod assemblies memorialize the 2007 Churchwide Assembly to request that the Committee on Appeals reconsider and revise the document Definitions and Guidelines for Discipline and that the appropriate churchwide unit reconsider and revise the document Vision and Expectations and the policy on reinstatement to the rosters of this church (Decision of the Discipline Hearing Committee, p. 13); and

WHEREAS, if permitted to decide the case only under the standards in chapters 7 and 20 of the ELCA Constitution, the discipline hearing committee “would find almost unanimously that Pastor Schmeling is not engaged in conduct that is incompatible with the ministerial office, and would find with near unanimity that no discipline of any sort should be imposed against him” (Decision of the Discipline Hearing Committee, p. 12); and

WHEREAS, Definitions and Guidelines may be amended by the Committee on Appeals, subject to approval by the Church Council, while Vision and Expectations and the policy on reinstatement to the rosters of the church may be amended by the Vocation and Education unit, with review by the Conference of Bishops and adoption by the Church Council (in accordance with ELCA bylaws 7.31.11., 7.31.13.f., 7.31.15., 7.51.03.b., 7.52.13., 20.71.11., and 20.71.12. and continuing resolution 16.12.C05.d.2); and

WHEREAS, the Churchwide Assembly, as the highest legislative authority of the ELCA, can “request or direct” that the steps be taken for the development by the Committee on Appeals and adoption by the Church Council of an amendment to Definitions and Guidelines for Discipline; and for the development by the appropriate churchwide unit, review by the Conference of Bishops, and adoption by the Church Council of an amendment to Vision and Expectations (ELCA Church Council, Minutes of April 9-11, 2006, p. 90, explanation by Secretary Almen): now, therefore, be it

RESOLVED, that this Synod Assembly submit the following memorial for consideration by the 2007 ELCA Churchwide Assembly:

RESOLVED, that the 2007 ELCA Churchwide Assembly direct the Committee on Appeals to develop an amendment to the definitions and guidelines established under ELCA bylaws 20.71.11. and 20.71.12. that removes provisions precluding “practicing homosexual persons” from the rosters of this church; and be it further

RESOLVED, that this Churchwide Assembly direct the Vocation and Education unit, in consultation with the Conference of Bishops, to develop an amendment to the policies established under ELCA bylaws 7.31.11., 7.31.13., and 7.51.03.b. that removes provisions requiring persons who are “homosexual in their self-understanding” to “abstain from homosexual sexual relationships”; and be it further

RESOLVED, that this Churchwide Assembly direct the Vocation and Education unit, in consultation with the Conference of Bishops, to develop an amendment to the policies established under ELCA bylaws 7.31.15. and 7.52.13. that permits the reinstatement to the rosters of this church, without the usual requirement of five consecutive years without call, of persons who have resigned or been removed from the rosters solely because they are in a mutual, chaste, and faithful committed same-gender relationship; and be it finally

RESOLVED, that this Churchwide Assembly direct the Church Council to take the necessary steps to amend the definitions and guidelines established under bylaws 20.71.11. and 20.71.12., the policies established under bylaws 7.31.11., 7.31.13., and 7.51.03.b., and the policies established under bylaws 7.31.15. and 7.52.13. in conformity to the preceding directions to the Committee on Appeals and Vocation and Education unit.

Verdict reached in Schmeling case!

The decision is complicated, and I will write more when I have time. There are TV stations interviewing Pastor Schmeling right now in the sanctuary! Full information is available at www.StJohnsAtlanta.org, but below is the summary I wrote for Goodsoil:

Friends of Goodsoil,

I wanted you to know right away the latest developments in the trial of Pastor Bradley Schmeling.

Today (Feb. 8, 2007), the Disciplinary Hearing Committee (DHC, the "jury" in this case) has published its response to the charges filed by Bp. Ron Warren of the ELCA Southeastern Synod. The a summary and full text of the DHC decision are available. In brief the DHC report states the following:

• The DHC is nearly unanimous in its concern that D&G and V&E "are at least bad policy, and may very well violate the constitution and bylaws of this church." The DHC feels, however, that the Committee on Appeals must decide whether D&G and V&E are constitutional, and has laid out the argument against their constitutionality.
  
  
• The DHC has explicitly asked synod assemblies to memorialize the 2007 Churchwide Assembly to direct the Committee on Appeals to revise D&G and remove the provision precluding "practicing homosexuals" from the ordained ministry and to direct the appropriate churchwide unit [ie, Vocation and Education] to revise V&E and remove the provision specifying homosexual sexual relationships.
  
  
• If the Committee on Appeals finds D&G's provision on practicing homosexual persons to be unconstitutional, then the DHC would near-unanimously find that Pr Schmeling is not engaged in conduct incompatible with the ministerial office, and would find with near unanimity that no discipline of any sort should be imposed against him.
  
  
• Seven of the twelve DHC members felt, however, that they are compelled by the language of D&G to determine that Pr Schmeling is "precluded from the ordained ministry of this church."
  
  
• The DHC has decided not to remove Pr Schmeling before the Churchwide Assembly: his removal is effective August 15, 2007.
  
  
• Clearly the conversation of faith that was begun in this trial is not yet complete, and many voices will be heard in the days ahead.
  
  
• Please continue to hold in prayer Pr. Schmeling, the people of St. John's in Atlanta, the members of the Disciplinary Committee and all who are engaged in this continuing conversation.

Dalai Lama Named Emory Presidential Distinguished Professor.

[Quite a feat for Emory University...]

His Holiness the XIV Dalai Lama has been named Presidential Distinguished Professor at Emory University, the first university appointment accepted by the 1989 Nobel Peace Laureate and leader of the Tibetan exile community.

The Dalai Lama will deliver his inaugural lecture during an Oct. 20-22 visit to Emory, during which he will participate in a conference on science and spirituality, and an interfaith session on religion as a source of conflict and a resource for peace building. His Holiness is scheduled to give a public talk, "Educating the Heart and Mind," at an Emory-sponsored event in Centennial Olympic Park Oct. 22. For information, go to http://www.dalailama.emory.edu.

"To have a colleague of the Dalai Lama's stature in our community will be a constant source of inspiration and encouragement to our faculty, staff and students as we strive to realize the vision of educating both the heart and mind for the greater good of humanity," says Emory President James Wagner. "His presence will contribute significantly to fulfilling the university's strategic goals, including bringing engaged scholars together in a strong and vital community to confront the human condition."

"I look forward to offering my services to the Emory students and community. I firmly believe that education is an indispensable tool for the flourishing of human well-being and the creation of a just and peaceful society, and I am delighted to make a small contribution in this regard through this appointment," says the Dalai Lama. "I have long believed in and advocated a dialogue and cross-fertilization between science and spirituality, as both are essential for enriching human life and alleviating suffering on both individual and global levels."

The Dalai Lama's appointment is the most recent outgrowth of the Emory-Tibet Partnership, which was founded in 1998 to bring together the best of Western and Tibetan Buddhist intellectual traditions.

Emory is recognized as one of the premier centers of study of Tibetan philosophy and religion in the West, primarily due to the university's extraordinary relationship with Tibetan Buddhist institutes of higher learning based in India, including the Drepung Loseling Monastery and the Institute of Buddhist Dialectics in Dharamsala, the seat of the Tibetan government-in-exile. One of the most ambitious projects of this partnership is an historic initiative to develop and implement a comprehensive science education curriculum for Tibetan monastics.

"I deeply appreciate that Emory University has made a commitment to fully collaborate with the Library of Tibetan Works and Archives to develop and implement a comprehensive and sustainable science education program for Tibetan monastics," says the Dalai Lama.

Many of Emory's university-wide strategic plan initiatives address the interface between religion and science. His Holiness has pioneered in promoting a genuine and substantive dialogue between science and spirituality. Emory's commitment to developing and implementing a science education program for Tibetan monks and nuns will help realize the Dalai Lama's vision of offering comprehensive science education within the monastic curriculum.

As Presidential Distinguished Professor, the Dalai Lama will continue to provide private teaching sessions with students and faculty during Emory’s study-abroad program in Dharamsala, as well as provide opportunities for university community members to attend his annual teachings. He also will make periodic visits to Emory to participate in programs. Emory will establish a fellowship in the Dalai Lama's name to fund annual scholarships for Tibetan students attending Emory undergraduate and graduate schools.

The Dalai Lama has devoted his life to the non-violent resolution of the Tibetan-Chinese conflict and to the preservation of the Tibetan history, education, culture and traditions. The 1959 occupation of Tibet by China forced the Dalai Lama to flee his country and take exile in India, where he serves as the political and spiritual leader of six million Tibetans worldwide, including the Tibetan community and government-in-exile based in Dharamsala.

In September 2006, the U.S. Congress passed a bill to award the Dalai Lama the Congressional Gold Medal, the highest civilian honor in the nation, for his advocacy of religious harmony, nonviolence and human rights throughout the world, and for his efforts to find a peaceful solution to the Tibet issue through dialogue with Chinese leadership.

My rudimentary creed.

I sat in on a class today and was posed with a question that seemed somewhat innocent at first and then stunned me into deep reflection: what are the basic sources that are authoritative for you as you understand and interpret the world and your place in it? And as I started to think how I might respond, I was forced in a moment to grasp for what I would define to be my fundamental commitments or beliefs. I was able to break it down into three or four things that, at least at present, are non-negotiable in my life as norms and paradigms for how I think and theorize about and seek to act in the world.

(1) Humans exist as bodies - not only as bodies, but never not bodies. The integrity of every human body and of the Earth itself as a body is sacred and must be kept from violation and degradation.

(2) Humans exist within networks and structures of power-relations that seek to degrade and violate the bodies of many people and of the Earth for the bodily comfort of a few people. Such networks and structures are the dominant logic of the world's organization.

(3) Who each of us "is" is who we perform our bodies to be. In, with, and through our bodies we perform multiple subjectivities (somehow) gathered into unitary-yet-multivalent identity with respect to a world organized by body-degrading and body-violating structures. Such identity involves co-occuring, always-provisional possibilities of both reinforcement of the world's order and resistance to it.

(4) "Justice" and "love" exist in moments of striving and struggling to shape one's body-performed identity in resistance to a body-degrading and body-violating world-order and in accountability with a world-order that secures and sustains the integrity of every human body and the body of the whole Earth.

These are not perfectly or finally formed, but they are on-the-spot, in-the-moment, best attempts to name something worth living, struggling, and, if necessary, dying for. I welcome your help in discovering more of what my (embodied) heart is trying to say.

NPR: Gay Muslim's case puts focus on German asylum law.

"Gay Muslim's Case Puts Focus on German Asylum Law"
by Emily Harris
Morning Edition, January 30, 2007

A lawyer for a gay Muslim from Lebanon says a new German law should be used to grant the man asylum in Germany. The case prompts debate about how homosexuality is treated in Muslim nations and in Europe.

Listen to the story.

The Trial of Pastor Bradley Schmeling.

Here are two articles describing what has been my main occupation for the past few weeks: the trial of the Rev. Bradley E. Schmeling, pastor of St. John's Lutheran Church in Atlanta. I am a member of the legal team that is mounting a defense against the ELCA's discriminatory policies forbidding the service of ministers who are in same-gender relationships.

As of 12:45 EDT on Tuesday, 23 January 2007, the hearing phase of the trial is concluded and the deliberation and decision phase is in progress.

* * *
WaPo article:
Gay Minister's Church Trial Begins
Lutheran Congregation in Atlanta Strongly Supports Its Embattled Pastor
By Alan Cooperman
Washington Post Staff Writer
Saturday, January 20, 2007; [page] A02

Members of the oldest Lutheran congregation in Atlanta washed their pastor's feet -- and he washed theirs -- in a gesture of mutual support as he prepared to go before a tribunal that may defrock him for living with another man.

The church trial of the Rev. Bradley E. Schmeling, 44, began yesterday behind closed doors at a downtown Atlanta hotel and was scheduled to continue through the weekend.

It is the latest in a series of similar trials in several mainline Protestant denominations, where growing numbers of congregations are installing gay men and lesbians as pastors despite rules against non-celibate homosexuals in the pulpit.

The prosecutions -- which follow procedures similar to those of civil courts, including testimony by witnesses for both sides -- have become one of the most emotional fronts in the battle over sexuality and scripture within American Christianity.

Schmeling's flock at St. John's Evangelical Lutheran Church, a 135-year-old congregation on the edge of Atlanta's historic Druid Hills neighborhood, is strongly backing him. After the foot-washing service Thursday evening, members signed up for a continuous vigil in their sanctuary. Some wrote prayers on multicolored strips of cloth that are to be woven into a tapestry.

"We were always aware of his orientation, and the search committee did not find it to be a problem whatsoever" when Schmeling was hired in 2000, said Ann Gerondelis, 48, an architect who is active in the congregation. "He preaches an inclusive gospel, and he is an inspiration to us all."

Under the rules of the 4.9 million-member Evangelical Lutheran Church in America (ELCA), pastors are prohibited from having sexual relationships outside of marriage. Gay men and lesbians can serve as ordained clergy as long as they remain celibate. Schmeling told the congregation and his bishop that he was not in a relationship in 2000, and he promised to let them know if that changed.

Last year, it did. After Schmeling informed the congregation that he had fallen in love and entered a "committed" same-sex relationship, Bishop Ronald B. Warren asked him to resign from the clergy. When he refused, the bishop brought formal charges.

Both Schmeling and Warren declined to comment on the case, saying they had agreed not to speak publicly during the trial. But according to parishioners and church officials, the case presents tough choices for everyone involved.

Schmeling's supporters hope the 12-member disciplinary committee hearing the case will disregard the church's rulebook and find him innocent, despite his open relationship with the Rev. Darin Easler, a former ELCA minister who now belongs to the United Church of Christ, which allows non-celibate gay clergy.

But such verdicts have proved a short-term fix in other denominations. When a Methodist jury acquitted a lesbian minister in California in 2004, conservatives responded by tightening the ban on "self-avowed, practicing" gay clergy throughout the United Methodist Church.

The panel in Atlanta has 15 days to render a decision. If it removes Schmeling from the ELCA's clergy, St. John's parishioners will face a dilemma. They could keep him on as pastor, but would then face a risk that the bishop could seek to suspend or expel the entire congregation.

John Brooks, a spokesman for the national church, said that disciplinary tribunals have removed at least three Lutheran ministers from the clergy since 1994 and that two churches in San Francisco were expelled in 1992 for hiring gay pastors who were not official ELCA clergy members.

Irene Mayer, 67, who has attended St. John's for 48 years, said she has no doubt what the congregation will do if Schmeling is defrocked.

"Even if this happens, he's still going to be our pastor. We won't give up," she said.

Those words represented a dramatic turnaround for Mayer, who said she and her husband were among just a half-dozen parishioners who voted against hiring Schmeling seven years ago. He gradually won her over, she said, with phone calls and other demonstrations of concern.

"He's always been there for us anytime we need him, without hesitation," she said. "If being gay and being a pastor at the same time is a sin, then that's between Pastor Brad and God."

While the ELCA as a whole has been declining in numbers, St. John has added about 100 members, growing to nearly 350 adults since Schmeling arrived. What's more, it is full of young couples with children, and has a vibrant teenage youth group and an active ministry to the homeless, said John R. Ballew, 52, a mental-health counselor who said he was attracted to the church by Schmeling's patient, caring demeanor.

"Everybody in the congregation feels Bradley was really called to us, and nothing has changed about that. Regardless of what happens, I don't see our position that he's our pastor changing," Ballew said.

Asked whether parishioners would rather keep Schmeling or remain in the ELCA, Ballew momentarily fell silent.

"We have long ties to the Lutheran Church; we would never leave voluntarily. I don't see that changing either, not from our standpoint," he said. "But I can't really speculate on what the bishop would do."

* * *
AJC article:
Converted critic
Gay pastor who could be expelled supported by former opponent
By John Blake
Published on: 01/17/07

James Mayer is a 70-year-old truck driver from South Carolina who calls himself a "tough Lutheran."

But when he talks about what's happened to him during the past six years, his eyes well up. He swallows hard and sighs. Then the tears come.

"Look at me," he says with a sheepish smile. "This is who I am. I'm not ashamed of it."

Six years ago, Mayer was an angry man. St. John's Lutheran Church had elected the Rev. Bradley Schmeling, an openly gay man, as its new pastor. Only six people out of the then 250-member congregation voted against Schmeling. Mayer and his wife were two of them. He vowed not to return.

This is the worst thing that could have happened to the church, Mayer thought. They're probably going to close the doors.

St. John's doors remain open — but Schmeling's future is now in doubt.

Bishop Ronald B. Warren of the Evangelical Lutheran Church in America filed charges in August against Schmeling after the pastor told him that he had entered into a relationship with another man. ELCA policy permits gay clergy — only if they're celibate. Schmeling's trial starts in Atlanta on Friday. He could be expelled from the ELCA.

The Midtown church has since rallied around Schmeling — and so has Mayer. He has not only returned to the church but contributed money to Schmeling's legal defense. He tears up at the prospect that "Pastor Brad" may no longer lead his church.

"If you had told me six years ago that I was going to give money to Brad's defense," he says, "I would have told you, 'You've lost your mind.' "

Middle-ground position

Over the past three decades, most mainline Protestant denominations have become more accepting of gays. Some, like the United Church of Christ, even support the rights of gays to marry.

The ELCA has not gone that far. It won't allow any "practicing" gays in sexual relationships with people of the same gender to be ordained as clergy.

Those guidelines have been adopted by some other Protestant denominations. It's viewed as a middle ground, a way to avoid schism. Yet inevitably a congregation will violate these rules, deeming the celibacy requirements as outmoded interpretation of Scripture.

St. John's is such a church. When it called Schmeling for interviews in 2000, he told them he was gay. But it wasn't an issue, says Laura Crawley, the congregation's president.

"At the time, the bishop approved him," she says. "We were not breaking any sort of rules in calling him."

Crawley says the church's call committee was drawn to Schmeling's ability. His way of translating ancient Scriptures into plain language. His habit of not just using children as cute backdrops in service but treating them as adults. His flair for creative worship.

They knew, though, that he might break church rules someday if he met someone. Many actually hoped that he would.

"When your job is giving 24 hours a day, you need someone in your life who is devoted to giving to you," she says.

The church may have become more accepting of gay pastors, but Mayer didn't get the memo. He didn't change his views of gays. He was more concerned with survival.

"The church was barely hanging on when he came," Mayer says.

'Gay was bad'

So was the ELCA. Like many other Protestant denominations, the organization's membership has been declining for at least 20 years.

Some say most Protestant denominations are dying because they're diluting the Bible. Others say it's because they're not inclusive.

When both sides clash publicly, they typically follow a formula. Clergy cite dueling biblical verses, pray for guidance from the Holy Spirit and parse the meaning of convoluted church policy phrases.

Mayer doesn't cite biblical scholars or the Holy Spirit to explain his change. A reserved man, he doesn't even like talking about the subject.

"I'm only here because of Pastor Brad," he says as he unfolds his lanky frame in a chair at a St. John's Sunday school room. "If it wasn't for him, I wouldn't even be talking to you."

He says he never talked about homosexuality growing up on a farm in Prosperity, S.C.

There was no theological debate; the issue was settled.

"I came up with very little knowledge of gayness," he says. "The only thing I ever heard about gay was bad. This is all I knew: He's gay. He's bad."

That didn't change when St. John's called Schmeling, a seminary student at Emory University who was completing his doctorate.

When the church selected Schmeling after a congregational vote, Mayer started thinking about other churches. But they had to be Lutheran. Mayer was a devoted Lutheran who once broke up with a girlfriend because she was a Baptist. He can trace his Lutheran ancestors back to the 17th century. And though he had attended St. John's with his wife, Irene, for 47 years, he was prepared to move.

"I figured it was going under," he says. "I might as well hunt somewhere else."

Schmeling drew him back home, though.

First, he reached the person Mayer calls "the most important person in my life" — his wife, Irene.

The two will celebrate their 48th wedding anniversary this month. Schmeling called Irene at their Forest Park home to introduce himself.

"The word 'gay' didn't really come up in my conversation," Irene Mayer recalls. "He was calling with concern about myself and my family."

Schmeling kept calling her.

"Over a period of time, he won her over," Mayer says. "She just started loving him."

Church revival

Mayer also noticed that his church wasn't dying anymore. In six years, St. John's membership grew from 250 to about 350. More children and young adults joined. Once, Mayer knew all the members — but he has since lost track.

"I'm the old person right now," he says with a smile.

Then Schmeling touched another important person in Mayer's life — his 47-year-old daughter. He won't divulge the details but says that his daughter was experiencing some significant personal problems. She wasn't a member at St. John's, but Schmeling met with her and helped pull her out of her crisis. "Every time I ever said, 'I need you,' that's all I had to say, [and] he was there," Mayer says.

Finally, Schmeling evoked memories of another important person — Mayer's father, Enoch, a turkey farmer. "My mother preached the Bible; Daddy lived the Bible," he says. "If I said I needed help, he was there. The words 'I love you" weren't part of his vocabulary. It was just something I knew."

Mayer says he saw the same quality in Schmeling. He somehow made people know that he cared for them. He made time to help. Made time to meet complete strangers. Made time to make everyone welcome.

By the time Mayer learned that Schmeling had a partner, he says it was "irrelevant" to him.

"I wasn't surprised," he says. "If you find someone like Pastor Brad that everyone likes, you know that he was going to run into someone who was gay and who felt the same way the rest of us do."

When asked about biblical verses that condemned

homosexuality, though, Mayer's posture stiffens. He says: "I don't go there.

"That's between Pastor Brad and God," he says. "None of us are perfect. We're all going to answer for our sin."

When asked about ELCA guidelines, he grasps for the right words.

Finally, he says after sighing, "I don't know everything in the world. I don't understand how we all couldn't be born perfectly.

"It's just that over a period of time, I came to realize Pastor Brad wasn't the person I thought he was. He was still gay. But the knowledge that I had of gay people wasn't who he was.

"He was just like everybody else."