Photo by Melissa Lauber, Baltimore-Washington Conference, for UMNS
Frank Schaefer Restored
The Rev. Frank Schaefer (right) and one of his advisers, Dr. Dorothee Benz, speak to media June 20 after his appeal hearing was completed. Four days later the appeals panel restored Schaefer's clergy credentials.
Citing "errors of church law," a United Methodist jurisdictional appeals panel unanimously restored the Rev. Frank Schaefer's clergy orders June 24 after he was defrocked by the Eastern Pennsylvania Annual Conference in December 2013 for presiding at the wedding of his gay son.
In an 8-1 vote, the nine-member Northeastern Jurisdiction Committee on Appeals also ordered that Rev. Schaefer be compensated with full pay and benefits from the Eastern Pennsylvania Annual Conference since the time his clergy orders were unlawfully removed.
"I'm completely restored as an ordained minister and I couldn't be happier," Rev. Schaefer said at a news conference reported by National Public Radio.
According to a United Methodist News Service report by Kathy L. Gilbert and Heather Hahn, the jurisdictional decision can be appealed by the annual conference to the Judicial Council, the United Methodist equivalent of the U.S. Supreme Court. The UMNS story included a response from the Rev. Christopher Fisher, who served as Eastern Pennsylvania's church counsel, similar to a prosecutor. Rev. Fisher said he will "be prayerfully examining the appeal ruling to determine if it is in compliance with church law." He declined further comment.
Schaefer was pastor of Iona United Methodist Church in eastern Pennsylvania when he was charged with violating the Book of Discipline for officiating at a same-sex marriage ceremony for his gay son. He was found guilty in November 2013 of violating the Discipline's prohibition against United Methodist clergy conducting same-sex marriages, and for violating the "order and discipline" of the church.
Over the past six months, Schaefer has made public appearances speaking about his experience and helping to serve, but not presiding at, holy communion in several gay-friendly United Methodist congregations. He also has written a book about his experiences.
In its written decision posted on The United Methodist Church's website, the appeals committee summarized its ruling:
"The compound penalty the Trial Court fashioned for the purposes of this judicial proceeding – a 30-day suspension, to be followed by a mandatory surrender of credentials if the Respondent failed to satisfy the Board of Ordained Ministry that he would henceforth uphold the Book of Discipline 'in its entirety' – is not within the range of penalties authorized by [Paragraph] 2711.3 of the Discipline. Trial courts have ample latitude to select an appropriate penalty from among the alternatives listed in [the paragraph], but those penalty provisions are to be strictly construed and do not allow the mixing and matching of penalties that are designed to be distinct (Judicial Council Decision No. 240). Nor may the imposition of any penalty, let alone the enhanced penalty of a withdrawal of credentials, be predicated on 'a future possibility, which may or may not occur, rather than a past or present act' (Judicial Council Decision No. 725).
"Consequently, errors of church law vitiate the penalty imposed by the Trial Court and the penalty imposed on Respondent shall be modified as follows: The Respondent is suspended, without compensation, from the exercise of all duties and functions of a pastor, and from the enjoyment of all privileges of a member in full connection of the Annual Conference, for a period of 30 days, which suspension shall be deemed to have commenced on November 19, 2013 and ended on December 18, 2013. Pursuant to [Paragraph] 2711.3 of the Discipline, the Eastern Pennsylvania Annual Conference shall restore the Respondent's credentials and compensate Respondent for all lost salary and benefits dating from December 19, 2013."
Although Rev. Schaefer is restored to full ordination and membership in the Eastern Pennsylvania Conference, he appears to be headed west to join the California-Pacific Annual Conference at the invitation of its resident episcopal leader, Bishop Minerva G. Carcaño.
According to UMNS, Bishop Carcaño, invited Schaefer to become a member of her conference in December after he was defrocked. On June 24 Bishop Carcaño announced that at Schaefer's request, she and Eastern Pennsylvania Bishop Peggy Johnson have agreed to transfer him to the California-Pacific Conference effective July 1.
Schaefer will be appointed to Isla Vista Student Ministry in Santa Barbara, Calif., affiliated with the Santa Barbara Korean United Methodist Church. His new duties will include administrative work and outreach to the nearby college community, which was traumatized May 24 when a mentally ill man stabbed to death three people, shot 10 more people on campus and then killed himself. Three people died of gunshot wounds, and seven people were injured in the rampage.
Cynthia B. Astle serves as coordinator for United Methodist Insight.