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BALTIMORE -- A United Methodist Church court decision to defrock a lesbian pastor was overturned by a church appellate court yesterday on the grounds that church law doesn't specifically define "practicing homosexual."
The nine-member appellate court voted 8-1 to reverse a Dec. 2 ruling that defrocked the Rev. Irene Elizabeth Stroud, an associate pastor at First United Methodist Church in Germantown, Pa. It cited the lack of an adequate definition for the practice of homosexuality and said it should not be used as a reason to defrock clergy members.
A key phrase in church law: "the practice of homosexuality is incompatible with Christian teaching," should not have applied to Miss Stroud, the court said, because it was a doctrinal statement, not an ethics rule for Methodist clergy.
A panel spokesman read from a 14-page legal brief explaining the ruling, but refused to answer questions. Although evidence was "uncontradicted and overwhelming" that Miss Stroud had broken her ordination vows by engaging in sex with another woman since 2000, the brief said, there was no clause in church law that specifically said "genital sexual activity" was cause for dismissal.
The word, "status," which occurs in an anti-discrimination clause in the church constitution stating membership benefits are for "all persons without regard to race, color, national origin, status or economic conditions" could possibly apply to Miss Stroud, the panel said.
Because "status" had never been defined by any United Methodist body, the panel added, the minister was deprived of her due-process rights and therefore was still a clergywoman in good standing.
The Rev. LaGretta Bjorn of Spring Valley, N.Y., who cast the dissenting vote, produced a short statement saying that because homosexual activity is forbidden in several portions of church law, Miss Stroud's credentials should remain revoked. The 8-1 decision, she said, will "add to the ambiguity and the present state of confusion" surrounding the 8.2 million-member denomination's stance on homosexuality.
Nevertheless, Miss Stroud, who showed no reaction when the verdict was read, was cautiously hopeful afterwards. "This gives me hope that United Methodist Church has within itself the resources to do justice," she said.
She added that she will not resume ministry as associate pastor until the issue has wound its way through every possible court. "Ordination is a sacred trust," she said, "not a suit of clothes you might have to take off four months later."
The ruling caused some consternation among the church-appointed prosecutors who argued for Miss Stroud's defrocking. "Forty thousand ministers are [affected] by this decision," said the Rev. Tom Hall, the chief prosecutor, referring to the number of Methodist clergy. "However, the official teachings and policies of the United Methodist Church remain unchanged."
He hinted that the ruling would be appealed to the Judicial Council, which serves as the denomination's Supreme Court, although the decision to appeal rests not with him but with officials with the church's Eastern Pennsylvania Conference, where the case originated.







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