Also posted at NSW Synod

SUPPLEMENTARY REPORT OF ASSEMBLY STANDING COMMITTEE

1. BACKGROUND

The issue of human sexuality and its implications for a person's place within the life of the Uniting Church has been before the church for many years - including specific consideration of the matter at the 8th and 9th Assemblies (1997 & 2000)

In November 2002 the Assembly Standing Committee, aware of a resolution of the Synod of Victoria and Tasmania, resolved to:

02.64.02 determine that it does not think it is appropriate for the ASC to make determinations in relation to matters on sexuality that the 9th Assembly chose not to proceed upon;

02.64.03 appoint a working group to consider issues related to sexuality that arise from within the Church prior to the 10th Assembly, and how they may be most helpfully addressed at the 10th Assembly

When the Standing Committee met in March 2003 it was in receipt of correspondence from the National Executive of the Evangelical Members in the Uniting Church. After discussion it was resolved to:

03.31.01 request the General Secretary to convene a one day consultation in Adelaide with participants representing a suitable cross-section of the Church's life to assist the Assembly address issues relating to sexuality. The consulting group will consist of the Working Group as previously appointed (J. Trengove, A. Macrae, G. Humphris, T. Corkin, M. Reeson) plus J. Mavor, A. Thompson and the President

03.31.02 request the Working Group, following the consultation, to develop a proposal to bring to the Assembly, to stand alongside other proposals that may be brought;

03.31.03 request the Assembly Officers to determine the persons who are to be invited to the consultation and give consideration to a process for the day.

The Assembly Officers met and identified a number of people who, due to their knowledge and their ability to represent the views of key parts of the church, should be invited to the consultation. Invitations were issued to the National Executive of the Evangelical Members of the Uniting Church and the national officers of Uniting Network to each provide four participants, and to a cross section of the church from migrant backgrounds and different synods.

The General Secretary held conversations with the National Administrator of Congress and spoke at the National Conference of Congress about the possibility that the issue of human sexuality and its implications for participation in the church, including ordination, will be on the agenda of the 10th Assembly. A separate process of conversation was undertaken with Congress.

2. THE NATIONAL CONSULTATION

The consultation approved by the Assembly Standing Committee was held in Adelaide on June 3rd 2003. Participants in the meeting were

* ASC appointed working group: T. Corkin, J Haire, G. Humphris, J. Mavor, M. Reeson, A. Thompson and J. Trengove (A Macrae was out of the country).

* Others (identified by the Assembly Officers) - B. Bailey, S. Cameron, K. Jung, J. Kiowa, F. Reid and G. Sherwood.

* Four representatives each appointed by EMU and Uniting Network

The consultation brought together key voices and insights from within the life of the church. The aim was to seek to discern what is important and helpful for the life of the church at this time, and so what might be helpful for the10th Assembly to do when it meets in July.

In the course of the day the participants had the opportunity to share what they thought was the decision made at the 9th Assembly, what they had experienced since and what they thought would be helpful from the Assembly in July. Participants were asked to share both their preferred option and what they could accept with integrity

3. CONCERNS IDENTIFIED

While the different communities represented in the discussion told different stories there was a high level of agreement about the following:

* There is a high level of uncertainty about the nature of the decisions that have been taken by the Assembly up to this time. Some parts of the church think that decisions made in 2000 mean that there is to be no discussion of the issue of the relationship between a person's sexuality and participation in the life of the church, and that homosexual persons are not able to serve in "leadership" positions in the church. Others consider that the current policy of the Assembly permits the full range of ministries to be open to homosexual persons, subject to the same considerations that apply to heterosexual persons. For others there is uncertainty.

* Some people have experienced the clash of different understandings in painful ways.

* The Assembly decisions need to be made clear - especially the implications for what is possible for Presbyteries, and the possibility of discussion on the issue of human sexuality. This is essential if it is going to be possible to live with the current decisions of the Assembly.

* People of good faith have wrestled with this issue with integrity and have reached mutually exclusive positions.

* While not everyone held this view many parts of the church do not see it as helpful for the Uniting Church to be embroiled in a continuing divisive debate about sexuality and a person's participation in the life of the church.

4. DIRECTIONS ARISING FROM THE CONSULTATION

There was not a unanimous view from the consultation. Clearly some parts of the church want to have a decisive vote on the issue(s). However it was very obvious that the majority of participants in the consultation see such an approach as unnecessarily divisive and not in the best interests of the church. This group wants to find a way of holding together the people of faith and integrity who have come to different conclusions - in short finding a way of living with the current position.

It was unanimously agreed that people of deep faith have wrestled with this issue with integrity and have come to mutually exclusive positions.

Most participants at the consultation consider that the church has been able to hold together, by the grace of God, even while many members hold different positions on a matter that is of great importance to them. For some members of the church the only sexual ethics is summarized by "celibacy in singleness and faithfulness in marriage. Whereas for other members the guiding sexual ethics is referred to as "right relationships" as discussed in the report to the 8th Assembly - Uniting Sexuality and Faith. While recognising the difficulty that will be involved, most people at the consultation consider that it should continue to be the goal of the Uniting Church to live as a community of faith where different opinions about human sexuality and participation in the church are respected. Such a course of action requires that there is scope for discussion within the life of the Uniting Church and room for individual conscience and judgement at a number of points.

Participants identified the following matters as needing attention if the Uniting Church was to be better able to live with the current position:

* clarity about the current position of the Uniting Church

* a clear statement about the role of Presbyteries in the placement process

* authoritative guidance on how the vilification and harassment policy works in concrete situations - perhaps in the form of protocols

* addressing legal issues such as the anti vilification and discrimination legislation

* a clear statement that homosexual people are not disbarred from being members of the Uniting Church

Some participants in the consultation wanted to add to or adjust the list presented above; for example by changing / testing the current position of the church or by instigating and resourcing an ongoing conversation in the church on sexuality and related issues. Notwithstanding that some people may want more than things noted above to happen, for the participants who are committed to enabling Christians of diverse convictions to remain together in the Uniting Church the action steps are agreed.

5. THE CURRENT SITUATION

Resolutions of the Assembly and the Standing Committee provide the core documents for an understanding of the current position of the church. These decisions are read within the wider framework of the Constitution and Regulations of the Uniting Church. Two Assemblies have directly addressed the issue of human sexuality and its implications for a person's place in the life of the Uniting Church. In addition the Assembly Standing Committee has also addressed the issue and the Assembly has endorsed these decisions.

a) The 8th Assembly

In 1997 the 8th Assembly in Perth received the report of the Task Group on Sexuality. This paper addressed a significant number of issues including marriage and divorce. The extracts below are edited for their relevance to the continuing debate.

97.31 TASK GROUP ON SEXUALITY

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;

(c) 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); and

b) Decisions of the Standing Committee.

Assembly resolution 97.31.15 (e) notes several decisions of the Assembly Standing Committee and that they remain in place. Some parts of the resolutions were time or situation specific and are not presented below. ASC minute 94.78.3 clarified 87.46 (c) and so that clause is presented as clarified by the later ASC decision.

ASC resolutions:

82.12 advising a Presbytery the Standing Committee said: "… the sexual orientation of a candidate is not and has not been of 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."

87.46 "affirms that all baptised Christians belong to Christ's church and are to be welcomed at his table, regardless of their sexual orientation"

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.

94.78.3 This resolution has several parts. Point four of this Minute says "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 a presbytery in fulfilling its responsibilities under Regulation 2.2.4(d) and 2.2.8, to take into account the way in which all applicants express their sexuality."

Point five says: "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 was based on responses 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."

c) The 9th Assembly

The 9th Assembly again had before it a number of proposals related to human sexuality and its implications for the place of persons within the life of the Church. There was a great deal of discussion and many ideas shared. At the end of that process a very broad statement on the foundations of the Church's faith and unity was passed as part of a resolution that acknowledged some of the Church's realities. One very specific action was determined.

The 9th Assembly resolved:

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 counselling, 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.

00.25.04 (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.

6. SUMMARY OF THE CURRENT DECISIONS / POSITION OF THE UNITING CHURCH

a) Regarding membership in the Uniting Church

Membership of the church is through baptism. The Spirit grants gifts to members and all gifts have a corresponding service (Basis of Union paragraphs 7 & 13).

All baptised people are welcome at the Lord's table regardless of their sexual orientation (ASC 87.46).

b) Regarding Ordination and Ministry

All applicants for candidature for the ordained ministries and all candidates for ordination are to be assessed through the procedures of congregation, congregational minister, presbytery and synod on an individual basis (as laid down in Regulations 2.2.1 - 2.2.14 and 2.3.1).

In assessing suitability for candidature and for ordination, many factors are to be taken into account (see Regs 2.2.2(a)(ii), 2.2.4(b), 2.2.5, 2.2.6, 2.2.7, 2.2.12, 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.

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 (ASC 82.12 & 94.78.3).

c) Regarding the role of Presbyteries

Presbyteries are the Council of the Church which, in the exercise of their episcopal function, are best placed to make decisions in relation to the suitability of applicants for candidature and candidates for ordination (ASC Minutes 87.46 and 94.78.3).

It is common practice for presbyteries to delegate their authority in the placement process to the Pastoral Relations Committee of the Presbytery under Regulation 3.4.37 (d).

In making its decision about particular people a Presbytery may consider, among other things, the way a person lives out their sexual orientation (ASC Minutes 82.12 & 94.78.3).

Where the placement of a Minister is in a Congregation or a Presbytery the Presbytery must authorize the sending of a call by a congregation and agree to issue the call to a Presbytery placement (Regulation 2.7.16 (l)).

d) Regarding ethical issues involved in this discussion

All forms of vilification and harassment are rejected (Assembly Minute 00.25.03).

Sexuality is a gift from God to be affirmed and lived out responsibly (Assembly Minute 97.31.05).

Judgmental attitudes in sexual ethics are rejected and all are called to witness to the renewing grace of God in this as in all areas of human behaviour (Assembly Minute 97.31.06).

All practices of sexuality which are exploitative and demeaning are unacceptable and contradict God's purposes for us (Assembly Minute 97.31.07)

Proposal

That the Assembly

1. note the following extracts from Assembly minute 00.25.03

a) 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;

b) 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;

c) 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.

2. a) recognise that within the church people of faith have wrestled with integrity to interpret Scripture in relation to the issue of Christian sexual ethics and have come to mutually exclusive positions;

b) recognise that there are members of the church who have reached the conclusion that "celibacy in singleness and faithfulness in marriage" is a faithful Christian standard for Christian sexual ethics;

c) recognise that there are members of the church who have reached the conclusion that "right relationships" as outlined in Uniting Sexuality and Faith is a faithful Christian standard for Christian sexual ethics;

d) commit ourselves to seek to live together in peace as people of faith, notwithstanding our differing views in the matter of same sex relationships.

3. remind Councils and members of the Church that, subject only to the guidance of the Basis of Union, the Regulations and policies of the Church, membership is open to all persons;

4. remind Presbyteries that

a) in considering issues related to candidature, ordination or commissioning for specified ministries; and the placement of persons in specified ministries that decisions should only be taken on a case by case basis;

b) 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;

5. request the Standing Committee to:

a) 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;

b) seek advice for the Church on the legal implications of the relevant legislation, eg anti discrimination legislation, anti vilification legislation, etc; and advise Councils of the Church of this advice;

c) 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.

Rationale

The report outlines the basis on which this proposal has been developed. The intention of this proposal is to make clear some matters that have been subject to uncertainty and dispute within the life of the Church.

The Church has had before it at the last two Assemblies proposals that sought to make a decision on the church's understanding of same sex relationships and the place of a person in the life of the Church. On neither occasion did the Assembly decide to make a decision that would be binding on the whole church. In the process the Assembly made some strong affirmations about human relationships not being exploitative and the foundations of the unity of the Church.

To press for an authoritative decision on the place of persons in same sex relationships in ministry at this Assembly is no more likely to lead to a decision. Once again there is the potential to embroil the Church in debilitating debate and continue the tensions and distractions of the last few years. The Church needs to find a way of living together with different but genuine and faithful views on the issue of same sex relationships in the Church.

The proposal makes statements on membership in the church, the way presbyteries are to exercise their functions in dealing with candidates and placements and provides room for individual conscience and action within a broad respectful community where divergent views are held.

The proposals when taken as a whole make some very important statements about us as a church. they say we are a church that can be humble enough to recognise when it does not have all the answers, is gracious enough to live in fellowship with people of faith who hold differing opinions, and which is hopeful in the power of the Spirit and the gospel to sustain unity in a diverse group of people who seek to move on in the fellowship of Christ.