The Dell Trial
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Committee on Appeals upholds Dell verdict, modifies penalty
(United Methodist Reporter, Oct. 1, 1999) The North Central Jurisdictional Committee on Appeals has upheld the conviction of the Rev. Gregory Dell for violating the Order and Discipline of the United Methodist Church when he conducted a same-sex covenanting service. In announcing its decision, however, the Committee declared the Trial Court's indefinite suspension of Dell to "be an error of church law," and revised the penalty to a one-year suspension ending June 30, 2000.
Bishop C. Joseph Sprague, who filed the complaint against Dell for conducting a "holy union" service for two gay men in September 1998 at Broadway UMC in Chicago, where Dell was pastor, called the appeal decision "clear and reasoned." He said the decision "both affirms due process and the verdict, and alleviates the uncertainty" that the prior sentence imposed on Dell, Broadway UMC, and the others affected.
"Now, we know the maximum end time for Greg's suspension," Sprague said. "As a result, his Bishop, the Cabinet, Broadway UMC, his interim replacement, the Rev. Jenny Weber, and the Dells can begin to make concrete plans for July 1, 2000, and beyond."
The Committee upheld a provision of the Trial Court's penalty allowing the suspension to be terminated if Dell signs and submits a document to Bishop Sprague that states he will comply with paragraph 65C of the denomination's Book of Discipline. Paragraph 65C prohibits United Methodist ministers from performing ceremonies that celebrate homosexual unions, and from conducting them in United Methodist churches.
Dell performed such a ceremony at Broadway UMC one month after the denomination's Judicial Council had ruled paragraph 65C was binding on United Methodist clergy.
The Committee emphasized that Dell's "intentional violation of the Discipline is a very serious infraction which could have justified a more severe penalty had the Trial Court chosen to impose one."
The Trial Court of 13 NIC clergy voted 10-3 to convict Dell of violating the denomination's Order and Discipline and then put Dell on suspension until either he signs a pledge to stop performing same-sex covenanting services or the Church lifts its restrictions against such services.
The Appeals Committee affirmed that Dell's suspension could end early if the denomination's General Conference, which meets next May in Cleveland, changes paragraph 65C, or if the Judicial Council changes its interpretation. In either circumstance, Dell could apply for reinstatement.
"The facts of the case are not in dispute," the Committee pointed out. "The verdict was supported by clear and convincing evidence, and was well within the discretion of the Trial Court."
The Committee decided that the Trial Court's "failure to specify a finite period of time for the suspension" was in error.
"A suspension from ministry is a heavy penalty," the Committee wrote in its decision, adding that it could not impose a penalty "higher" than that imposed by the Trial Court. "The committee believes there are sound policy reasons to limit suspensions to finite periods of time since an indefinite suspension could last for many, many years, yet allow the suspended elder to unilaterally reenter ministry without a fitness determination.
"Suspension for a finite period balances the need for punishment against the need for fully qualified elders to be in direct ministry."
The Rev. Stephen Williams, who served as church prosecutor against Dell, said he considered it important that the committee upheld the verdict. He also said a precedent was set in terms of the adjusted suspension time. "A one-year suspension from ministry is not, in my opinion, a light sentence," he said.
The Rev. Larry Pickens, Dell's counsel, said the decision reflects the quandary the church is in regarding the issue of same-sex union ceremonies. He conceded, however, that the adjusted suspension "was probably the best that we could do."
Dell said the decision corrected "the most obvious error of church law," but did not change his own dilemma of needing to be "in full ministry" with the people he serves.
Bishop Sprague has indicated that he will reappoint Dell to Broadway UMC when the suspension ends.
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Decision on Dell appeal to take 30 to 60 days
(United Methodist Reporter, Aug. 20, 1999) An eight-member Committee on Appeals for the North Central Jurisdiction of the United Methodist Church is finalizing its decision on the Rev. Gregory Dell's appeal of his conviction and suspension for "disobedience to the order and discipline of the United Methodist Church" because he performed a covenanting service for two gay members of his Broadway UMC congregation in Chicago.
The Committee held a hearing Aug. 9 at the O'Hare Radisson Hotel. At the opening of the hearing session, Bill White Jr., the Committee's legal counsel, announced that a decision would not be released for 30 to 60 days. Although the Committee was expected to reach a tentative decision at the end of the day, it will not be made public until White has time to prepare a written draft of the decision and circulate it among members for comment. Committee members also can file separate concurring or dissenting opinions, White said.
Last March, a trial court of 13 Northern Illinois Conference (NIC) clergy members found Dell guilty of disobeying the denomination's order and discipline when he performed a holy union service for two men on Sept. 19, 1998. The trial court suspended him from his ministerial duties, effective July 5, until either he signs a pledge to stop performing same-sex union services or the church changes its restrictions against such services.
Will not sign pledge
Dell has said he will not sign such a pledge. Changes in church law can be made only by General Conference which meets again May 2-12, 2000.
The Rev. Larry Pickens, Dell's counsel, asked the Committee on Appeals to reverse the trial court's decision on the grounds that the weight of the evidence did not support the charge of disobedience. In his oral presentation, Pickens said there is a distinction between violation of a single rule and disobedience to the denomi-nation's order and discipline. He noted that it is necessary to "weigh the circumstances and factors involved."
Pickens also pointed out a conflict in the United Methodist Discipline between the ban on performing homosexual union services and "the call to be in inclusive ministry" and "the mandate to be in contextual ministry with all of God's people." Because about 30% of Dell's congregation at Broadway UMC is gay or lesbian, Pickens said Dell's role as a pastor to that congregation demanded his performance of the covenanting service.
'Liable' to a charge
The fact that a Judicial Council decision states a pastor is "liable" to a charge of disobedience to the order and discipline of the United Methodist Church if he or she performs a same-sex union "is a far cry from a mandate" for a conviction of disobedience, Pickens declared.
Pickens also pointed out that the foreman of the trial court publicly admitted that "they did not have a clear understanding of what is clear and convincing evidence of disobedience to the order and discipline of the United Methodist Church" when it found Dell guilty of the charge.
Pickens argued that the penalty in Dell's case is unconstitutional because it is indefinite. He used a 1966 Judicial Council ruling from the then Methodist Church, Decision 240, to back that claim. In the 1966 case, a trial court had suspended a pastor named Gladstone Risinger but said that suspension would end at the 1965 session of the North Texas Annual Conference if the pastor was able to show "his conduct is and has been such as to warrant his reinstatement." The presiding bishop, W. Kenneth Pope, ruled in June 1966 that Risinger could not be reinstated.
The Judicial Council concluded that the trial court's penalty for Risinger was for a specific time only, a "temporary interruption," and that having to prove his conduct was worthy "imposed upon the appellant a burden not required of him by the law in cases of suspension."
Nothing supports indefinite suspension
Pickens argued there is nothing in the Discipline or in past Judicial Council positions that supports what he considers to be Dell's indefinite suspension, and he asked the committee to reduce the penalty. He specifically asked for the term of the suspension to be either time already served or until May 1, 2000.
The Rev. Steve Williams, counsel for the church, said "there are no errors of church law that would vitiate the penalty" against Dell. The Sept. 19, 1998, same-sex union ceremony performed by Dell was "announced in advance and conducted in defiance," he said. "The respondent does not deny performing the ceremony. He celebrates it."
Williams pointed out that the process for the charge against Dell was followed carefully, according to the Discipline. At trial, "the respondent's fair process rights were honored and protected," he insisted.
Williams stressed that the facts of the case are not in dispute. In a court of law, he said facts equal evidence. "If you prove the violation, you prove the disobedience," he said.
While Dell may indeed have suffered conflicts about his particular ministry, "the church defends its right to define its teachings and protect its law," Williams declared.
Penalty not punitive
In Dell's case, the penalty is not punitive, Williams said, but an attempt at "character reform" of a servant who has accepted the gift of ordination from the church. If the suspension is permanent, he claimed, it is because Dell chooses it to be so by not signing the pledge.
Williams said the trial court's suspension was "a grace-filled" penalty.
"He (Dell) need not prove anything at all," Williams said. "He need only give assent to the dignity of our covenant and our law."
In a press conference following the hearing, Dell said the eventual decision from the Committee on Appeals "will be a statement about the character of our denomination. Whatever decision they make, the struggle is going to go on."
The Rev. Phylemon Titus Jr. of Detroit is the Appeals Committee chairman. Other members of the committee are Ethel Johnson, laywoman from West Ohio Conference, committee vice chairwoman; the Rev. Joyce Alford, Wisconsin Conference, committee secretary; the Rev. Thomas Brennan, Minnesota Conference; the Rev. Terry Clark, Illinois-Great Rivers Conference; Sharon Caine, laywoman from the Dakotas Conference; Barbara Gurtler, laywoman from Illinois-Great Rivers; and Shurmaine McAlpine, local pastor from the Iowa Conference.
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Dell appeal hearing to be public
Aug. 9 at Radisson near O'Hare
(United Methodist Reporter, June 4, 1999) A public hearing will be held Monday, Aug. 9, on the Rev. Greg Dell's appeal of his conviction and suspension last March for "disobedience to the order and discipline of the United Methodist Church" because he performed a covenanting service for two gay members of his congregation.
The hearing, conducted by the Committee on Appeals of the United Methodist Church's North Central Jurisdiction, will begin at 10 a.m. at the Radisson Hotel near Chicago's O'Hare Airport.
The Rev. Phylemon Titus, Jr., chair of the committee from the Detroit Conference, said the appeal hearing will begin with the committee meeting in closed session from 9 to 10 a.m. The trial itself, which will be open to the public, will begin at 10 a.m. and last until noon. "Each party will have about an hour to present its case," Titus said. "After that is over, then we'll have lunch and the committee will meet in closed session and make its recommendation. We plan to conclude everything by 5 that evening."
Space for 150 to 200 people
Titus said the committee is planning space for about 150 to 200 people to attend the hearing. "The last one [hearing] we had, nobody came but the people involved," he said. "We know there are a lot of people interested in this case, so we're trying to provide for them."On Mar. 26, a trial court of 13 Northern Illinois Conference (NIC) clergy members voted 10-3 that Dell was guilty of disobeying the denomination's order and discipline when he performed a holy union service for two men on Sept. 19, 1998. After finding Dell guilty, the trial court suspended him from his ministerial duties, effective July 5, until either he signs a pledge to stop performing same-sex union services or the church changes its restrictions against such services. Dell has said he will not sign such a pledge. Changes in church law can be made only by General Conference which meets again May 2-12, 2000.
The Rev. Larry Pickens, Dell's counsel, said the appeal is based on several factors centering around both the verdict and the penalty.
The 1996 United Methodist Book of Discipline requires the trial court to use "clear and convincing evidence" as the standard of proof, Pickens said. "We're saying that the burden of proof was not met by the prosecution," he said.
Pickens said there was enough ambiguity with respect to what constitutes disobedience to the order and discipline of the church "that it was impossible for them to reach their verdict by clear and convincing evidence."
Pickens also will argue that the penalty itself violates the constitution of the United Methodist Church because it is "an indefinite penalty designed to extract a pledge based on future action."
Paragraph 2628g
In hearing Dell's appeal, the committee will follow Paragraph 2628g in the Book of Discipline. That paragraph states: "The appellate body shall determine two questions only: (1) Does the weight of the evidence sustain the charge or charges? (2) Were there such errors of church law as to vitiate the verdict and/or the penalty? These questions shall be determined by the records of the trial and the argument of counsel for the church and for the respondent. The Committee on Appeals shall in no case hear witnesses."
Titus said the Committee on Appeals voted to allow the presentation of amicus, or friend of the court, briefs. Friend of the court briefs may be filed and considered under limited conditions, he said, and the committee reserves the right to reject any such brief.
A person who is not a party to the proceedings may file a motion with the secretary of the committee seeking permission to file a brief. The motion must be filed at least 60 days prior to the hearing and must identify the interest of the person and state why a brief filed by that person would be helpful to the committee.
If the motion to file a friend of the court brief is granted, 15 copies of the brief must be filed with the secretary of the committee at least 30 days before the hearing. The brief must not exceed 13 pages in length and be on 8½" by 11" paper, bound or stapled along the left-hand margin. A friend of the court brief may not refer to evidence or testimony not included in the trial record.
Commitee's legal adviser
Titus said anyone with questions about the proceedings should contact the committee's legal adviser, Bill White, Jr., whose father served as NIC Council Director and pastor of First UMC at the Chicago Temple. White may be contacted at 1 South Pinckney St., P.O. Box 1806, Madison, WI 53701-1806; by phone at (608) 257-3501; or by fax at (608) 283-2275.According to the Discipline, the Committee on Appeals can reverse part or all of the findings of the trial court; remand the case for a new trial; modify the penalty (as long as the new penalty is not more severe than that affixed at the original trial); or let the original judgment stand.
Dell would like the committee to vacate, or annul, the verdict, allowing his suspension to end. "We're hoping that the Committee on Appeals, as they evaluate the verdict and penalty, will conclude it was not an appropriate finding by the trial court," he said.
The jurisdictional Committee on Appeals has nine members and six reserve members of clergy and laity.
Identifying alternates
Titus said that some members have changed classification or moved out of their conferences since they were named to the committee. As a result, he said, the committee has been working to identify alternates to fill the vacant slots, so it won't be necessary to ask the North Central Jurisdiction College of Bishops to name new members."I believe we have everybody we need here now [to meet the nine-member requirement]," Titus said.
Besides Titus, other members expected to serve are Ethel Johnson, West Ohio Conference lay member, committee vice chairwoman; the Rev. Joyce Alford, Wisconsin Conference, committee secretary; the Rev. Thomas D. Brennan, Minnesota Conference; the Rev. Terry Clark, Illinois Great Rivers Conference; Christopher J. Jackson, diaconal, Minnesota Conference; Shurmaine McAlpine, full time local pastor, Iowa Conference; Sharon Caine, Dakotas Conference lay member; and Barbara Gurtler, Illinois Great Rivers Conference lay member.
The Rev. Duk Kyu Kwon, member of the committee from NIC, is not eligible to serve because the case is from his own conference.
Titus has served as chair since 1996. The August hearing will be the second time the committee has met since then, he said, and the first time regarding the issue of homosexuality. The other hearing involved a sexual misconduct case.
"When I was coming on board (in 1992), they told me they hadn't had a case in 20 years," Titus noted. But he said he expects that is changing. "My hunch is this is just the tip of the iceberg," he said. "This is just the beginning of something that's going to be going on for a while, until we clarify in our church a few things around this issue."
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Cost of Dell trial exceeds $123,000
CCFA proposes resolution to control future costs
(United Methodist Reporter, May 21, 1999) The Conference Council on Finance & Administration (CCFA) voted unanimously at its meeting this month to submit a resolution to Annual Conference that would give CCFA "review and approval" authority over expenses incurred in any future church trial in Northern Illinois.
The resolution was drafted in response to more than $123,000 in Conference costs in prosecuting the Rev. Greg Dell, pastor of Broadway UMC, Chicago, for disobedience to the Order and Discipline of the United Methodist Church because he conducted a same-sex covenanting service last fall.
More costs coming
Expenses are expected to continue to rise because Dell has appealed his conviction to the North Central Jurisdiction Committee on Appeals.
No Conference funds were used to pay for Dell's defense, however. Courtney Cosgrove, chair of Broadway UMC's Trial Steering Committee, and Keith Eccarius, chair of Broadway UMC's Justice Fund, said defense costs prior to the appeal totalled $8,837.36.
They said the money came from a fund-raising campaign by the Broadway UMC Trial Steering Committee. They also pointed out that there is no way to compute the hundreds of hours of work by lay persons, clergy, lawyers and computer experts who volunteered to help Dell.
Of $123,230.26 in Conference expenses so far, $107,955.82 has been paid to Burke, Warren, MacKay & Serritella, the Chicago law firm that assisted Church Counsel, the Rev. Stephen Williams, in prosecuting Dell. The law firm's December bill of $8,009.25, which is included in this total, was paid in 1998.
$25,000 cap suggested
At the time of Burke, Warren, MacKay & Serritella's selection, a letter was sent by Bishop C. Joseph Sprague to Williams with a copy to Attorney James Geoly of the law firm that suggested a cap of $25,000 on legal expenses. Judy Moore, Conference Treasurer/Director of Administrative Services told CCFA that Geoly's hourly fee was negotiated down to $180 from more than $200 and his associate's time was reduced to $130.
Pat Beal, chair of CCFA's finance and administration committee, said negotiating a reduced fee is not unusual, but "the shock is in the number of hours billed." Her committee drafted the proposed legislation that is being forwarded to the General Council on Finance and Administration for review and comment prior to submission to Annual Conference, which will be June 5-8 at Northern Illinois University in DeKalb.
Willliams said that at the end of January, when he had completed the initial part of his duties by bringing the complaint against Dell to the Committee on Investigation, he met with Bishop Sprague. Williams said that he informed the bishop there was no way he could complete the task for $25,000. "I told him I did not know what it would cost, but I was aware of and fearful of what it could cost," he said.
Williams said that the bishop had the option at that time to reappoint him or to select someone else to handle the trial.
"The promise I made was to try to be judicious in the use of time," Williams said. "I believe I was. However, I determined that this was a historic, defining and pivotal moment in the life of the church as well as in the life of our Conference. I felt my larger duty as Church Counsel was to make every effort to defend the church's interest and be prepared."
Cost controls needed
In essence, CCFA's resolution establishes a policy to control trial expenses. "It acknowledges that expenses can occur that are difficult to predict, but there should be some kind of control over them," Beal explained.
"It acknowledges," Beal said, "that as a budget process, we only have access to the Mission Focus Fund to pay for such unanticipated Conference costs." The Mission Focus Fund is a repository of Conference cash reserves.
"CCFA has the authority to approve trial expenses," said the Rev. Deborah Fisher, Aurora District Superintendent, during deliberations on the resolution. "It approves every other line item in the budget."
CCFA Chair Ken Jeppsen described the resolution as "a speed bump to keep people from running away with expenses."
Costs related to the Dell trial will continue to climb as his appeal is heard. Moore said some funds exist at the North Central Jurisdiction level to help defray costs to the Conference, but how much is not known at this time. She said Geoly has verbally agreed to a cap of $3,000 to help with the appeal.
The Rev. Dan Swinson, Conference Secretary, has Disciplinary responsibility for materials related to the trial and appeal, according to Moore. She said he has informed her that one transcript will cost approximately $4,000. Several are needed for the appeal process, but will be produced at photocopying prices, according to Moore.
The Conference has incurred costs for security at First UMC, Downers Grove, site of the trial; a court reporter; food for trial principals; presiding Bishop Jack Tuell; travel; and other costs related to conducting the trial (see box on page one).
In the only other church trial in Northern Illinois, legal costs to the Conference were approximately $20,000, according to Fisher, who is Cabinet Dean.
Pending the outcome of his appeal, Dell has been suspended from his pastorate at Broadway UMC, effective July 5, until he signs a pledge to stop conducting same-sex union services, or the United Methodist Church's governing body changes its prohibition. The latter could not occur before May 2000.
In All Things Charity
Once his suspension begins, Dell will take over as executive director of "In All Things Charity" (IATC), an unofficial network of United Methodist clergy and laity who support full inclusiveness of gays, lesbians, bisexuals and transgendered individuals in the denomination.
Dell will also serve as a part-time consultant to Broadway UMC's interim pastor, who will be appointed by Bishop Sprague and the Conference cabinet.
Cosgrove and Eccarius said funds remaining in Broadway UMC's Justice Fund, reportedly around $30,000, will be used to support IATC's work, which is a ministry of the Broadway UMC congregation. This organization's immediate work will focus on the May 2000 General Conference.
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Dell to appeal conviction, assume new role
with In All Things Charity
(United Methodist Reporter, April 30, 1999) The Rev. Gregory Dell, who was convicted last month of disobedience to the order and discipline of the United Methodist Church and suspended from his ministerial duties because he performed a holy union service for a gay couple in his congregation, has decided to appeal his conviction to the North Central Jurisdiction Court of Appeals. Pending the outcome of that appeal, he will assume a new job when his suspension as pastor of Broadway UMC in Chicago begins July 5.
Dell will become the director of In All Things Charity (IATC), an unofficial network of United Methodist clergy and laity who support full inclusiveness of gays, lesbians and bisexuals in the denomination. IATC's intent is to influence the denomination's top lawmaking body, General Conference, which convenes in Cleveland May 2-12, 2000.
In the newly created position, Dell will work three-quarters time at IATC and one-quarter as a consultant to Broadway UMC's interim pastor, who will be appointed by Bishop C. Joseph Sprague and the Northern Illinois Conference (NIC) cabinet.
Not 'pastor behind curtain'
Dell emphasized that the new position will not make him a "pastor behind the curtain." Dell insisted he will not provide any pastoral services to the congregation's members. "I want to make it clear that it is my intention and my promise not to violate the suspension," he said.
On March 26, a trial court of 13 NIC clergy members voted 10-3 that Dell was guilty of disobeying the denomination's order and discipline when he performed a holy union service on Sept. 19.
Last August, the Judicial Council, the denomination's supreme court, had declared that a statement in the United Methodist Book of Discipline barring such unions carried the weight of church law despite its placement in the historically advisory "Social Principles" section of the Discipline.
After finding Dell guilty, the trial court suspended him from his ministerial duties until either he signs a pledge to stop performing same-sex union services or the Church changes its restrictions against such services. Changes in Church law can be made only by General Conference when it meets next year.
Dell has refused to promise to stop performing same sex holy union services, saying it would be discriminating against nearly one-third of his 180-member congregation. He insists the rule against such services conflicts with his ordination vows to minister to all people, without discrimination based on their identities.
A holding action
Sprague described the appointment of an interim pastor, who will serve for no longer than one year, and Dell's new role as a "holding action." He said it is an attempt to be fair to all concerned and to honor the decision of the trial court.
Sprague said interim pastors are being appointed more frequently in unusual situations where there's concern for the long-term health of a congregation. "For example, we have increasingly used an interim behind a long-term pastor to provide a transition before a permanent successor is appointed," he said, "or we've put interims in where there has been controversy of one kind or another."
If General Conference changes the prohibition, Sprague said Dell will be reappointed to Broadway UMC. If not, the bishop said someone else would be appointed permanent pastor, assuming that Dell still refuses to sign the declaration the trial court demanded.
Dell pointed out that if his appeal is successful, it could also result in the suspension being modified or lifted.
In the meantime, as part of his compensation, Dell will continue to reside in Broadway UMC's parsonage adjacent to the church property at 3344 N. Broadway. Part of his responsibilities as IATC director will be to raise funds for its lobbying effort and his salary. Approximately $30,000 remains in the Justice Fund set up to pay for his defense. That money, depending on the cost of the appeal, is expected to move into the IATC coffers.
Dell has been prominently involved with IATC since its start in January 1997. Since then, more than 1,430 clergy and more than 500 laity nationwide have endorsed the organization's "statement of conscience" protesting the denomination's policies regarding sexual orientation.
Broadway UMC adopted IATC in 1998 as one of its ministries. IATC cooperates with three other unofficial United Methodist groups working on same-sex issues: Affirmation, Methodist Federation for Social Action, and Reconciling Congregations.
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'We are United Methodists'
(United Methodist Reporter, April 30, 1999)In an open letter to the Northern Illinois Conference on April 15, the congregation of Broadway UMC, Chicago, affirms its commitment to being United Methodist. The congregation did so despite a "sense of betrayal" by the denomination following the suspension of its pastor, the Rev. Gregory Dell, who was convicted of disobedience to the order and discipline of the denomination by performing a same-gender union covenanting service last fall.
"We believe that Broadway is a congregation obeying Christ's mandate to be a light to the world," declares the letter, which was adopted at a Church Council/congregational meeting attended by more than 60 persons. "For that, our pastor has been suspended and many in our community have been denied full ministry and acceptance. We feel great pain for the rejection of the vital ministry that reflects so clearly who we are. Many are experiencing anger, bitterness, frustration and a sense of betrayal."
The letter points out that some members have wondered whether who they are makes them no longer welcome in the United Methodist Church. About a third of Broadway UMC's 180 members are homosexuals. The letter emphasizes, however, that in addition to being followers of Christ, "we are United Methodists." The letter also stresses that each member chose this connection and does not take it lightly.
"Our spirit and vision of what the church can be to all believers grows stronger, even in the midst of this challenging and uncertain time," the congregation writes. "We are committed to continuing our ministry to all people in celebration of their diversity."
The letter says the congregation is also committed to facilitating change within the denomination so that Dell can continue his ministry and return as Broadway UMC's pastor. "We do not want other pastors like Greg Dell and congregations like ours to face the same injustice that we have," the letter says. "Too many have suffered too much already."
The congregation's letter closed by thanking the persons within the Conference who have supported it and Dell. To read the letter in its entirety, visit Broadway UMC's Web site at http://www.brdwyumc.org/.
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Trial costs concern Councils' members
(United Methodist Reporter, April 23, 1999) Both the Conference Council on Finance & Administration (CCFA) and the Conference Council on Ministries (CCOM) expressed concern this month about the cost of the Church trial of the Rev. Gregory Dell.
Both Councils and Bishop C. Joseph Sprague, who attended the CCFA meeting, expressed hope that no future trials would occur. They urged nonetheless that a system of accountability be established to avoid unforeseen costs.
"A whole lot of people are wondering how come there is always money available for something like this," said Ken Jeppsen, CCFA chair, "but there really isn't. Ultimately this has an impact on the ministry and mission of the Conference, even if it comes out of other areas of the budget."
Roger Curless, CCOM chair, asked if limits on expenses could be set and then accountability for those expenses assigned. He also urged that details of the costs be shared with the whole Conference.
Pat Beal, chair of CCFA's Finance and Administrative Committee, said final bills are not in, but indicated that an accounting of all trial expenses will be available at Annual Conference.
Conference Treasurer/Director of Administrative Services Judy Moore reported costs were incurred primarily for security, the court reporter, food, Bishop Jack Tuell (who presided) and fees for Church counsel's legal advisers.
Attorney James Geoly, who advised Church counsel, the Rev. Stephen Williams, submitted fees of more than $39,000 prior to the beginning of the trial.
Moore estimated that trial costs will "probably be close to $80,000 when done."
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Dell suspended indefinitely
(April 2, 1999) In a historic decision for the United Methodist Church, the Rev. Gregory Dell was convicted of disobedience to its Order and Discipline and suspended indefinitely from his ministerial duties. Dell, pastor of Broadway UMC, Chicago, was put on trial for violating a stricture in the denomination's 1996 Book of Discipline that prohibits performing homosexual unions in United Methodist churches.
In a church trial March 25-26 at First UMC, Downers Grove, the 53-year-old Dell, a member of the Northern Illinois Conference for three decades, was convicted on a vote of 10 to 3 by a jury of clergy peers. Nine votes were needed to convict. (In the photo, Dell [at right] talks with the press while his wife, Jade, and the Rev. Jimmy Creech, a classmate at Duke Divinity School, listen.)
The jury, called a Trial Court, deliberated nearly four hours before returning the verdict. After hearing testimony concerning an appropriate penalty, the jury deliberated for another 2½ hours before stunning most onlookers with the suspension.
The jurors — 8 white men, 1 black man and 4 white women — could have expelled Dell from the denomination, taken away his ministerial orders, suspended him for any period, or imposed "any lesser penalty," such as censure or reprimand.
Persons on both sides of the issue expressed surprise at the severity of the penalty.
Dell's suspension begins July 5 and lasts until either he signs a pledge to stop performing same-sex covenanting services or the Church changes its restrictions against such services. Neither is expected to happen any time soon.
Changes in Church law can be made only by General Conference, the denomination's highest legislative body, which next meets in May 2000.
"I will never sign such a statement," said Dell about the pledge that would lift his suspension.
During testimony to determine the penalty, Dell had asked for a reprimand or censure. Saying he has conducted 33 same-sex union services during the past 18 years, Dell pointed out that he has not changed, the Church has. "Don't start the dynamic of denominational cleansing tonight," he pleaded. "It isn't worthy of our covenant."
Instead, Dell asked jurors to find it in their hearts to live with the disobedience until General Conference. He promised not to conduct any liturgical service as an act of public protest in the interim.
Church Counsel, the Rev. Steve Williams, pastor of First UMC, Franklin Park, urged removal of Dell's ministerial orders. He stressed that Dell refused to stop performing same-sex union services.
Dell was the first person tried for violating the ban against performing homosexual union services since the denomination's supreme court, the Judicial Council, ruled that the ban is Church law despite its placement in the historically advisory "Social Principles" section of the Discipline.
The Judicial Council ruled last August. In September Dell conducted a union service for two gay members of his congregation.
Last month a complaint was filed against 69 pastors in the California-Nevada Conference who participated in a January union service for two lesbians in Sacramento. Additional complaints are expected to be filed across the country against more than 20 other pastors who also took part.
Dell's defense counsel, the Rev. Larry Pickens, pastor of Maple Park UMC, Chicago, said in his opening statement that the United Methodist Church itself was on trial. "It's about the tension that's already present in our polity, the confusing contradiction of affirming our love and acceptance of homosexuals, and rejecting their loving, committed relationships," he said.
Pickens said the Church faces "a theological schizophrenia," and called Dell "a theological and ecclesiastical casualty" of the quandary the church now finds itself in.
Williams said after the trial that the jury "acted wisely and with great discernment." He said a precedent has been set in Northern Illinois that will give other pastors pause.
Bishop C. Joseph Sprague, who reluctantly filed the complaint against Dell last October, said the denomination has to get out of the adjudication process. He called it a stewardship issue and condemned using resources for a Church trial when children are starving around the world.
"We've spent $100,000 to argue with each other about what's an abstract issue in many ways," Sprague said. "I have an idea God isn't smiling tonight."
Bishop's statement:
The following statement about the Church Trial of the Rev. Greg Dell was issued by Bishop C. Joseph Sprague.
Clearly, there are no winners in such a painful process as this. Because some hurt, all hurt: The Church is tied together in one mutual garment of destiny as the Body of Christ.
The Church has been and remains divided on the several issues related to homosexuality, including the matter of Services of Holy Union. These differences will not dissipate quickly. Thus, there is no way the decisions made by the Trial Court could please everyone. Many within the Northern Illinois Conference view the decisions as more stringent than they expected, while many others, undoubtedly, affirm these same decisions.
Such reactions are predictable and understandable among a people as diverse as we United Methodists. However, acknowledging our differences, the time for stridency and division is past. These decisions were made fairly and honestly, as due process was employed judiciously. Hence, now is the time for a season of healing as we pray for understanding, seek forgiveness for our own shortcomings and grant to one another a Sabbath of contemplation, as we quietly seek the Holy Spirit's guidance and restorative power in the weeks to come.
I offer my thanks to all who served the Church faithfully and courageously in this arduous process. I am especially grateful to the two Counsels, the Trial Judge, the Officers of the Court, the Trial Court, the Jury Pool, the witnesses, the congregation and staff of First United Methodist Church of Downers Grove, and the staff and Cabinet of the Northern Illinois Conference. All performed their tasks wonderfully well. Despite the differences among us on this issue, all of us can take pride in the decorum and civility that characterized our behavior in this whole process.
I continue to view the Rev. Greg Dell as a faithful and exemplary pastor for whom I have the deepest respect. At this time I shall hold him, his wife, Jade, son, Jason, the congregation of Broadway United Methodist Church, and those gay and lesbian United Methodists and their many supporters for whom these decisions are quite hurtful in my abiding love and constant prayers. Together, they have given the whole Church a gift of courage and conscience that has touched us in ways we cannot yet discern.
The Cabinet joins me in the promise of continued prayer in the assurance that we will fairly implement the decisions made. It is essential that all of us honor our covenant commitments in the expectation that, in the long run, God will forgive our shortcomings and bless our faithfulness.
In this Holy Season, may a vital experience of the Risen Christ within and among us teach us anew that the light shines in the darkness and the darkness cannot overcome it.
Let us walk in that light toward a new day in which all of us will be guilty, as Jesus commands, of loving one another unconditionally and sacrificially as God in Christ loves us.
[Return to Dell Index]
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Dell trial to begin Mar. 25
Committee on Investigation files charges
(Mar. 5, 1999) Bishop C. Joseph Sprague announced that a church trial will begin Thursday, Mar. 25, for the Rev. Gregory Dell, (shown at right) pastor of Broadway UMC in Chicago. Dell has been charged with "disobedience to the Order and Discipline of the United Methodist Church" because he performed a union covenanting service for two gay members of his congregation last Sept. 19.
The trial will be open to the public and will be held at First UMC, 1032 Maple Ave., Downers Grove. (See article for details about attending the trial: "Tickets needed...")
Retired United Methodist Bishop Jack Tuell will preside at the trial that is expected to last two to three days. Tuell is one of a handful of United Methodist bishops trained to conduct church trials.
Jury selection for the trial will begin at 9:30 a.m. Thirteen elders (clergy members of the Conference in full connection) will serve on the jury. They will be selected from a pool of 36 elders — six from each of the six Districts in the Northern Illinois Conference (NIC).
Nine votes will be required for conviction. If Dell is found guilty, the jury will determine a penalty. Possible penalties include a wide range of options, the most severe of which would be removal of Dell's ministerial orders.
Committee on Investigation
The trial date was set after the NIC Committee on Investigation, a standing committee elected by the Annual Conference that operates much like a grand jury does in the U.S. courts system, met on Feb. 6 and 23 to review a complaint against Dell initiated by Bishop Sprague. The committee voted that sufficient evidence exists for charges to be filed against Dell and a trial held.
The complaint against Dell was initiated by Bishop Sprague on Oct. 12. It was forwarded to committee members on Jan. 30 by the Rev. Stephen C. Williams, pastor of First UMC in Franklin Park who was appointed by Bishop Sprague to serve as church counsel in the investigation and trial. Williams will be assisted by attorney James Geoly.
The complaint said Dell violated Paragraph 65.c of The 1996 Book of Discipline that states: "Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches."
The statement forbidding such ceremonies was approved by the 1996 General Conference as part of the denomination's Social Principles, a section of the Discipline traditionally considered advisory and not binding law. In August 1998, the United Methodist Judicial Council, the denomination's supreme court, ruled that the prohibition has the effect of church law, regardless of its placement in the Social Principles, and that it governs the conduct of the ministerial office.
At the time he filed the complaint, Bishop Sprague noted his "high regard for the Rev. Dell as a person of integrity who possesses an enviable record of pastoral faithfulness and effectiveness." Bishop Sprague also stated that he considered Dell "an exceptional pastor" and said that he (Sprague) had his "own theological and pastoral disagreement with this component of church law."
Saddened, but not surprised
After learning of the Committee on Investigation's decision, Williams said he was "saddened, but not surprised" that the Committee on Investigation has supported the complaint. "It is tragic when a member of the clergy is charged with publicly and willfully violating the covenant he has vowed to uphold," Williams said. "We are now required to act with integrity on behalf of the Church.
"Our judicial process will ask a jury of Rev. Dell's peers to determine if he broke the Church law that prohibits celebrating homosexual union ceremonies. And, if so, what penalty might be imposed for deliberately breaking that law."
Williams called the church "a guardian of moral and ethical teaching" and noted that a "fundamental" idea for people of faith is the notion that "choices have consequences."
Dell said the Committee's decision was not only expected, "it is actually welcome." He said the trial will be an occasion for the Church to consider this matter in the context of "real ministry with real people."
Unfair to debate in abstract
Dell called it "unfair to the thousands of people on all sides of this controversial issue to continue debating it in the abstract." He said: "The love that God offers is not theoretical. The Church must decide if it truly wants to declare that its affirmation of God's embracing, celebrating acceptance is available to some but not others who want to live in faithful relationships of commitment and love."
Dell said that he has conducted 33 services of Holy Union for gay and lesbian couples during the last 18 of his 30 years of pastoral service. He contends that to refuse to conduct such services would be to discriminate against the approximately 30% of his congregation at Broadway UMC that is gay.
"I took a vow to be in ministry with all persons, not regardless of their identity, but in celebration of their identity," Dell said. "I'm expected to baptize, teach, counsel, visit, bury and learn from all of the persons to whom I've been appointed to pastor. I'm also charged to bless and celebrate the relationships of love between persons when those relationships uphold standards of faithfulness and ministry. It is a privilege — not a duty — to do so. To withhold such blessing from some because of their identity and regardless of the quality of their relationships would be the true violation of my ordination."
The Rev. Dr. Larry Pickens, pastor of Maple Park UMC in Chicago, will serve as defense counsel. He will be assisted by attorneys Theodore M. Swain and Antonious L. K. Porch.
[Return to Dell Index]
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Selection of Dell trial jury will be closed to public
Jury pool expanded to 54
(Mar. 19, 1999) Jury selection in the church trial of the Rev. Gregory Dell, which will begin at 9:30 a.m. Thursday, Mar. 25, will be closed to the public, according to a ruling by Bishop Jack M. Tuell, presiding judge. The ruling was made at the request of both the Rev. Stephen C. Williams, Church counsel, and the Rev. Larry Pickens, defense counsel.
Dell, pastor of Broadway UMC in Chicago, has been charged with "disobedience to the Order and Discipline of the United Methodist Church" because he performed a union covenanting service for two gay members of his congregation last Sept. 19. Dell has requested that the trial be open to the public, an option guaranteed him by the 1996 Book of Discipline of the United Methodist Church.
Courtroom closed until 1 p.m.
Because both counsels have indicated that they believe jury selection will take the entire morning, the public will not be allowed into the courtroom — the sanctuary of First UMC of Downers Grove, 1032 Maple Ave. — until 1 p.m.
"The jury selection process may take a considerable amount of time," Williams said. "Both Pastor Pickens and I feel that the church trial itself may not start until mid to late afternoon on Thursday."
Jury selection will take place outside of the sanctuary, Williams said, so the doors to the sanctuary will be opened to the public at 1 p.m., whether or not jury selection is completed.
Jury pool expanded to 54
Because of Church counsel's concerns that it might not be possible to identify 13 qualified jurors out of the pool of 36 Elders (clergy members of the Conference in full connection) originally specified, the pool has been expanded to 54.
The Discipline specifies that a minimum of 35 elders must be named to the jury pool. Originally, 36 elders had been named to the pool for Dell's trial — six from each of the Northern Illinois Conference (NIC) Districts. Last week, the pool was increased to 54: nine Elders from each District.
"To avoid any unnecessary delay with the beginning of the trial itself," Williams said, "the jury pool has been expanded in order that, should we fail to select a jury of 13 Elders out of the original pool, we would have reserves ready."
Based on procedures outlined in the Discipline, each District Superintendent selects the members of the jury pool from his or her District. The pool must reflect the geographic, theological, age, race, gender and ethnic diversity of the Conference.
The Rev. Deborah Fisher, Dean of the Cabinet, said each District Superintendent was told to eliminate the names of all Elders who had publicly expressed an opinion regarding the case. Jury pool members were selected from the remaining clergy by a random process such as picking names out of a hat or employing an objective, non-manipulative computer program.
The two counsels will select the 13 members of the jury and two alternates from the jury pool. Each counsel can eliminate prospective jurors for cause and can reject up to four without reason.
The jury determines guilt or innocence. Nine votes are required for conviction. If Dell is found guilty of the charges, the jury will determine the penalty. Possible penalties include a wide range of options, including removal of his ministerial orders.
Admission restricted
Admission to the courtroom will be limited to trial participants, credentialed news media and members of the public holding tickets. Access to the church building and property will also be tightly controlled.
Tickets will be distributed to 25 members of the Downers Grove congregation and 345 members of the public.
Tickets will be issued for each of the three days the trial is expected to last. Tickets may be obtained from three sources. The defense and the prosecution will each have 150 tickets per day to distribute. Forty-five tickets for each day will be distributed by lottery from the NIC.
To request tickets from the defense, call its "Trial Information Hotline" at (312) 683-5166. To request tickets from the prosecution, call the Rev. Royal Speidel, pastor of Friendship UMC in Bolingbrook, at (630) 972-1011.
To participate in the ticket lottery, mail your request to Linda S. Rhodes, NIC Director of Communications, 1109 S. Charles St., Naperville, IL 60540; fax a request to (312) 541-1604; or send an e-mail request to Linda_Rhodes@email.msn.com.
All lottery requests must be in writing, received by Friday, Mar. 19, and include your name, address, daytime telephone number and church affiliation. Those receiving tickets through the lottery will be contacted by telephone on Monday, Mar. 22.
Parking tight
The Rev. Fred Conger, pastor of First UMC of Downers Grove, said those attending the trial will have difficulty finding parking. "No parking will be available in the church parking lot except for the principals involved in the trial, jurors and, on the first day, members of the jury pool," Conger said. All others, even those with tickets for admission to the courtroom, will have to park elsewhere.
Charges against Dell were initiated by Bishop C. Joseph Sprague last Oct. 12 when he filed a complaint stating that Dell violated Paragraph 65.c of The 1996 Book of Discipline which says: "Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches."
[Return to Dell Index]
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Tickets needed to attend Dell trial
(March 12, 1999) The church trial of the Rev. Gregory Dell, scheduled to begin on Thursday, Mar. 25, at First UMC, 1032 Maple Ave., Downers Grove, will be open to the public at Dell's request, an option afforded him by the 1996 Book of Discipline of The United Methodist Church. However, in response to concerns of the Rev. Fred Conger, pastor of the Downers Grove congregation, that the trial could turn into "a media event and the occasion for a nationwide demonstration," access to the sanctuary, which will serve as the courtroom during trial proceedings, will be limited to trial participants, credentialed news media and members of the public holding tickets for admission.
Access to the church building and church property will also be tightly controlled.
"I believe that this is necessary to provide for the safety of church members and church property," Conger said. "For me not to do this would be maladministration of office as the pastor in charge of the First United Methodist Church."
Tickets for admission
Tickets will be distributed to 25 members of the Downers Grove congregation and 345 members of the public.
Only individuals holding tickets to the trial will be allowed to park in the church parking lot.
Tickets will be issued for each of the three days that the trial is expected to last. Tickets may be obtained from three sources. The defense and the prosecution will each have 150 tickets per day to distribute. Forty-five tickets for each day will be distributed by lottery from the Northern Illinois Conference (NIC).
To request tickets from the defense, call its "Trial Information Hotline" at (312) 683-5166.
To request tickets from the prosecution, call the Rev. Royal Speidel, pastor of Friendship UMC in Bolingbrook, at (630) 972-1011.
Lottery for NIC seats
To participate in the ticket lottery, mail your request to Linda S. Rhodes, NIC Director of Communications, 1109 S. Charles St., Naperville, IL 60540; or send a fax to (312) 541-1604; or send an e-mail request to Linda_Rhodes@email.msn.com.
All lottery requests must be in writing, must be received by Friday, Mar. 19, and must include your name, address, daytime telephone number and church affiliation. Those receiving tickets through the lottery drawing will be contacted by telephone on Monday, Mar. 22.
News media representativesattending the trial must have credentials and must register with the NIC Director of Communications. No cameras will be allowed in the courtroom during the trial.
No demonstrations
Conger also noted that no demonstrations, prayer vigils or other gatherings will be allowed in the First UMC building or on its property. "We are planning for the worst," he said, "and hoping for the best."
Dell, pastor of Broadway UMC in Chicago, has been charged with "disobedience to the Order and Discipline of the United Methodist Church" because he performed a union covenanting service last Sept. 19 for two gay men who are members of his congregation.
Jury selection for the trial will begin at 9:30 a.m. on Mar. 25. Thirteen Elders (clergy members of the NIC) will serve on the jury. They will be selected from a pool of 36 Elders — six from each of the six Districts in the NIC. Nine votes will be required for conviction. If Dell is found guilty of the charges, the jury will determine the penalty. Possible penalties comprise a wide range of options, including removal of his ministerial orders.
Members of the court
Presiding judge for the trial will be Bishop Jack M. Tuell, a retired bishop of The United Methodist Church now living in Des Moines, WA.
Prior to entering the ministry, Tuell practiced law in the state of Washington. After serving as pastor and District Superintendent, he was elected to the episcopacy in 1972. He served as Bishop of the Portland, OR, area from 1972 to 1980, and was Bishop of the Los Angeles area from 1980 until 1992, when he retired. He has presided over several ecclesiastical trials.
The Rev. Stephen C. Williams, pastor of First UMC in Franklin Park, was appointed by Bishop C. Joseph Sprague to serve as church counsel (prosecutor) in the trial. The Rev. Larry D. Pickens, pastor of Maple Park UMC in Chicago, will serve as defense counsel.
[Return to Dell Index]
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Why I am prosecuting Greg Dell
By the Rev. Stephen Williams
Pastor, First UMC, Franklin Park
(Mar. 12, 1999) At the age of 27 I became a member of a mysterious order: the Order of Elders. As defined by the Book of Discipline, "an order is a covenant community within the Church to mutually support, care for and hold accountable its members for the sake of the life and mission of the Church" (¶311). The Church has the authority "to define and fix the powers and duties of Elders" (¶15.1,2). Sometimes I wonder why I did it.
Why did I sign my life away to an institution I don't always agree with and am frequently frustrated by when, surely, by now I could have achieved fame and fortune had I chosen a different career path? The answer, in odd moments of clarity, is that I love the church. I love its people, its teachings, its Gospel. I even love — grudgingly — its methods for holding me accountable and by which I dare to hold the Church accountable. In mutual accountability there is hope that we might be people of integrity.
The Church dares to define itself as Christ's community proclaiming his life and teaching. Christ's teachings often clash with the world. But as salt and light we do not shrink from proclaiming those teachings even at the cost of being politically incorrect. If we cower before the world and capitulate, we become like salt that is good for nothing but to be thrown out and trampled underfoot. The Church has the right to define and hold to its teachings and to ask its pastors to stay within those boundaries.
The Church continues to believe and teach that marriage is a holy covenant between one man and one woman, not between members of the same sex, not between a brother and a sister, not between three or more persons who love each other, etc.
The Church does not make its laws to hurt people, but rather to help people. The Church offers grace to all people, but it is not cheap grace. It is grace that asks each of us to acknowledge our brokenness in order to find healing. The Church wants to offer this grace to the homosexual community.
When the Rev. Gregory Dell performed a homosexual union ceremony, he broke with the Church community in its teaching and covenant. He put our Church's imprimatur on a ceremony we do not condone. He blessed in Jesus' name something we do not believe God will bless. No institution can long endure if it fails to hold its members accountable. Our denomination will not endure if brazen, public acts of disobedience go unchecked and unchallenged.
For this reason I will, with fear and trembling, prepare to prosecute Greg Dell in an open church trial beginning Mar. 25. Here I stand. May the mysterious order of which we are a part endure forever.
[Return to Dell Index]
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Why I am defending Greg Dell
By the Rev. Dr. Larry Pickens
Pastor, Maple Park UMC, Chicago
(Mar. 12, 1999) For several months I have fielded numerous questions from fellow clergy, laity, my parishioners and non-United Methodists regarding my defense of the Rev. Gregory Dell. The most poignant is why am I defending him. I hope my participation in the defense clarifies what is at stake for The United Methodist Church.
Church law is never etched in stone. It is always open to further clarification. United Methodists affirm this every four years when our General Conference, our highest legislative body, develops and perfects legislation that becomes Church law. The Book of Discipline is the primary depository of Church law for each new quadrennium.
While General Conference makes laws, our denomination's judicial system interprets them. When the Judicial Council writes a decision, it participates in this interpretive process. The interpretive process is also evident on the Annual Conference level where investigations and Church trials occur.
Judicial Council Decision No. 833, which ruled that Paragraph 65(c) in the 1996 Book of Discipline is binding church law, also raised a critical issue in its text. That is, for more than 25 years, United Methodist debate on homosexuality has been waged. The opinion suggests this debate will continue long after rendering Decision No. 833. Greg Dell's trial will contribute to this continuing debate and the development of related Church law.
The United Methodist Church and its predecessor communions have struggled with other historically divisive issues. For instance, the 1956 Book of Discipline of the Methodist Church under the Advisory Section in ¶356 declared: "No minister shall solemnize the marriage of a divorced person whose wife or husband is living and unmarried; but this rule shall not apply (1) to the innocent person when it is clearly established by competent testimony that the cause for divorce was adultery or other vicious conditions which through mental or physical cruelty or physical peril invalidated the marriage vow, nor (2) to the divorced persons seeking to be reunited in marriage. The violation of this rule concerning divorce shall be considered an act of maladministration."
From 1916 to 1959 in the Methodist Episcopal, Methodist and Evangelical United Brethren churches, Church law explicitly stated that a pastor performing a marriage involving a divorced person committed a chargeable offense. Our church polity has changed with regard to divorced persons. Order and Discipline are flexible realities that expand with our need to embrace change in a society constantly in transition. This has been a historic reality within Methodism.
The change in polity regarding marriage of divorced persons demonstrates our willingness to embrace change and open our Church to new realities of ministry. This undoubtedly involves tremendous struggle, social upheaval and pain. Nevertheless, we change and the Church is a better community because of this.
Our polity will change with regard to the role of gay and lesbian persons within The United Methodist Church. The change is inevitable and on the horizon. It involves tremendous angst for some and the creation of new inclusive paradigms with regard to gays and lesbians.
The United Methodist Church needs a coherent theology of sexuality that addresses inclusiveness and the significance of religious ceremonies and symbolic rituals. It is contradictory to provide ceremonies that confer our blessing upon heterosexual couples in their committed marital relationships while withholding the same affirmation for gay and lesbian persons seeking to lead committed and monogamous relationships. We provide a means of grace for some and withhold it from others.
Clarity is needed. That's why I have entered the debate.
Struggle is part of the creative tension that brings light to the people of God. Let us not only walk in the light, but let us also create it.
[Return to Dell Index]
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Williams forwards Dell complaint
to NIC Committee on Investigation
(Feb. 5, 1999) A signed judicial complaint against the Rev. Gregory Dell has been submitted to the Northern Illinois Conference (NIC) Committee on Investigation. The committee is scheduled to meet Saturday, Feb. 6, to officially receive the complaint and establish procedures for the ensuing investigation.
The complaint was forwarded to committee members on Jan. 30 by the Rev. Stephen C. Williams, NIC elder appointed by Bishop C. Joseph Sprague to serve as church counsel in the investigation and, if necessary, a church trial of Dell, pastor of Broadway UMC in Chicago.
The complaint against Dell was initiated by Bishop Sprague on Oct. 12 and accuses Dell of "disobedience to the Order and Discipline of The United Methodist Church" because Dell conducted a union service for two gay members of his congregation on Sept. 19, 1998.
Difficult circumstances
"I have worked as carefully and circumspectly as is required by these difficult circumstances," Williams said. "I am personally satisfied that we have taken the time to carefully process the initial complaint by the Bishop and to frame the complaint after doing a careful review of the evidence."
Williams pointed out that the last time "in this century" the NIC had a church trial, it took a year from the time the initial complaint was signed until the matter was brought to trial. "We've cut that in half," Williams said. "We're working at a reasonable pace," especially considering that December is an "extremely busy time of year" for a pastor.
According to procedures outlined in the 1996 Book of Discipline of The United Methodist Church, the Committee on Investigation must conduct an investigation of the complaint to determine if there is reasonable ground for charges to be filed.
Presumption of innocence
The Rev. B. J. Birkhahn-Rommelfanger, chairperson of the Committee on Investigation, stressed that the Discipline requires fair process in all proceedings. "The presumption of innocence shall be maintained until the conclusion of the trial process," the Discipline states in paragraph 2623. "It's very important that, at least, that be respected," she said. "We want to make it a fair process and uphold the Discipline."
Birkhahn-Rommelfanger noted that, until the committee acts, there are no charges against Dell, only a complaint. "We have to make a decision if there is substantial evidence," she said. "If there is, then a charge would go forward; if there is not, then it would stop at this point."
According to the Discipline, any clergyperson against whom a complaint has been filed (known as "the respondent") has 30 days from the date the complaint is received to submit a written response to the committee on investigation.
Will respond to the complaint
"We will respond to the complaint," said the Rev. Larry Pickens, pastor of Maple Park UMC in Chicago, who is serving as Dell's counsel. "We will have up to 30 days to respond to the complaint per the Book of Discipline, but we anticipate that we will have a response, if we get the complaint in a timely fashion, before the Feb. 6 meeting."
The response will indicate that "Greg Dell was being faithful to his call to ministry and his ordination as an elder," Pickens said. "Without getting into any details, that's basically what we will be stating for the record."
Any charges or specifications adopted by the committee on investigation will be sent to the respondent (in this case, Dell), the person making the complaint and the presiding bishop (in this case both are Bishop Sprague), secretary of the Annual Conference (the Rev. Daniel Swinson) and church counsel (Williams).
The Discipline also stipulates that resolution or reconciliation of the case can happen at any time during the process.
Expects a trial will occur
When and if a charge is forwarded by the committee, a church trial would be held. Bishop Sprague would determine the time and place of a trial that would be presided over by a bishop from outside of Northern Illinois, one of a handful of bishops trained to conduct church trials.
Sprague has indicated that he has asked Bishop Jack Tuell, retired bishop who now lives in the state of Washington, to preside if such a trial is held.
"We sense that a trial will occur," Pickens said. "We're pretty sure that that will take place."
[Return to Dell Index]
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Editor's Note: In a desire to ensure fairness and balance, Bishop C. Joseph Sprague made his column space available on Jan. 29 so the Church's position in the matter pending against the Rev. Gregory Dell might be presented. The following article by the Rev. Jamie Hanna Williams is that response.
Why the Rev. Greg Dell is not a hero
Reflections on clergy defiance and a service of homosexual union
By The Rev. Jamie Hanna Williams
Pastor, Christ UMC, Deerfield
(Jan. 29, 1999) The world is looking for heroes, people of passion, courage, commitment and integrity who will lead us into the future. Some people say the Rev. Gregory Dell is a hero because he has taken on the establishment in a struggle for justice. They call him a hero because he has laid his ordination on the line to stand with an oppressed group of people. They say he is showing the love of Christ when all around him are unable or unwilling to do likewise.
But is the Rev. Dell really a hero, or is he a false prophet leading the Church astray?
On Sept. 19, 1998, the Rev. Dell officiated at a ceremony of union between two men in his congregation at Broadway UMC in Chicago. Conducting this service was a premeditated act of defiance. Both the General Conference in 1996 and the Judicial Council in August 1998 ruled unequivocally: "Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches." (Paragraph 65 C. The Book of Discipline of the United Methodist Church, 1996). The Rev. Dell has indicated that he understood this prohibition and the ruling of the Judicial Council, but he did not feel obligated to obey.
Deliberate disobedience
What does it do to The United Methodist Church when clergy who have vowed to obey its rules willfully break those vows? What impact is there when clergy ignore the Church's teaching and decide for themselves what is the will of God and how they shall carry out their ministry? Such deliberate acts of disobedience hurt the Church, weaken the covenant and diminish our witness to the world.
We, United Methodists, believe God speaks to us as a community through the democratic process called General Conference. Every four years, elected delegates representing the 8.5 million United Methodists in this country, gather and struggle together to listen to the Holy Spirit and understand the will of God.
This is no easy task. Study, reflection, discussion, debate and prayer combine to make this a process of depth and integrity. These representatives decide at the outset that they will listen to each other and to God. Because we are a covenant community, we agree that the decisions made at the General Conference will be binding on us all.
Usurped voice of the Church
When the Rev. Dell acted against the will of the General Conference, he usurped the voice of The United Methodist Church and asserted that his was the true voice of God for United Methodists. In essence, he told the world our Church does not understand God's will on the issues of homosexuality and Christian marriage. It doesn't matter to him that approximately 75% of the delegates at the 1996 General Conference voted to prohibit same-sex unions, or that almost all mainline Protestant churches hold the same position, or that 5,000 years of Judeo-Christian tradition teaches that marriage is a holy covenant meant to be shared by a man and a woman.
By performing a same-sex union service, the Rev. Dell confused the world on what the Church believes about marriage and homosexual practice. He disregarded the integrity of our system and demonstrated a loss of faith in the democratic process and a loss of faith in the United Methodist people.
Some may think what the Rev. Dell did was an act of civil disobedience. But civil disobedience is only justified when no fair legal process to pursue exists. Dr. Martin Luther King, Jr. used civil disobedience because in his context, no political process was available that would allow for change. The Rev. Dell has a fair process by which to change the position of The United Methodist Church. Because he has been unsuccessful in effecting that change, he has taken the law into his own hands and ignored the people's right to make and have laws.
Pave the way for chaos
The Rev. Dell's actions also pave the way for internal breakdown and chaos. Why shouldn't any clergyperson or member of a United Methodist Church be allowed to do what feels right to them, even if it violates our denomination's teaching and discipline? Why should local churches allow the Bishop to appoint their pastors or agree to pay apportionments or follow any other rules in the Book of Discipline?
For that matter, why should the complaint against Dell follow the judicial process laid out in the Book of Discipline? Maybe we should come up with our own way of executing justice for this act of disobedience. His actions weaken the church and make us vulnerable to internal chaos and disintegration.
Our covenant in The United Methodist Church is voluntary. We agree to live together under certain obligations and discipline. The Rev. Dell has broken his covenant with the United Methodist people and frayed the cord that binds us together. He is not a hero.
[Return to Dell Index]
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Let us pray and trust in a just resolution of Dell case
By Bishop C. Joseph Sprague
(Dec. 4, 1998) Many have asked about where the process is as regards the judicial complaint filed against the Rev. Greg Dell. While it would be quite inappropriate for me to comment on the case per se, it is essential that the Northern Illinois Conference (NIC) family and other interested parties know where the adjudication process stands and what likely next steps are in the offing.
Because the Supervisory Response did not produce resolution of the complaint, I have appointed Church Counsel in the person of the Rev. Stephen C. Williams. The Rev. Larry D. Pickens has been selected by the defendant as his counsel.
Each counsel may have an Assistant Counsel, who could be an attorney. Assistant Counsel does not have voice in the formal proceeding; said role is advisory and technical. Both parties have secured such help.
Counsel for the Church prepares a document of charges against the defendant for submission to the Committee on Investigation. This is being done as I write to you.
Committee on Investigation
The Committee on Investigation consists of seven elders, two lay observers and several alternates. The committee is elected each quadrennium, and it selects its own chairperson. The committee functions like a grand jury in that, while it does not determine guilt or innocence, it does decide if there is sufficient reason for a church trial to be held. A vote of five out of seven seated members is necessary to adopt any charge and move the process toward a church trial.
Assuming that a church trial is held, as the Resident Bishop, I select another bishop from outside this area to preside as trial judge. If we go to a church trial, Bishop Jack Tuell, retired and living in the state of Washington, will preside. Bishop Tuell has special training for this assignment.
If there is to be a church trial, the Cabinet selects a jury pool of 36 elders from the NIC. The pool must reflect the geographic, theological, age, race, gender, ethnic, etc. diversity of the Conference. I have asked our Cabinet, if a jury pool is needed, to select the pool by a random process such as picking names out of a hat or employing an objective, non-manipulative computer program. The pool from which the jury is selected must be the most representative, diverse, objective possible.
I don't choose the trial jury. The two counsels, each of whom can reject any four would-be jurors without reason, selects the trial jury of 13.
The trial jury determines guilt or innocence and the penalty to be assigned if guilty.
9 votes needed to convict
A guilty verdict requires at least nine votes of guilty. (The Rev. Jimmy Creech was not voted innocent, but simply not guilty in that there were only eight votes for guilty.)
A guilty verdict can be appealed to a Jurisdictional Committee, but neither an innocent verdict nor the penalty is open to appeal.
If we go to church trial in this instance, the trial will take place as soon as possible.
Once Church Counsel assumes his role, as Williams has, the Resident Bishop must refrain from further involvement, unless another non-judicial Supervisory Response is requested. I expect no such request. And I intend to make no further comments on this situation or the issues that have prompted it until after the trial, if one is held.
My only expectation is that all involved will approach this situation as the mature Christians they are. All that is expected of anyone is an honest expression of a Spirit-infused conscience. There is no party line in this Conference on this matter. Honest voting must be the order of the day.
Let us now trust our brothers and sisters who will make important decisions on crucial issues, and let us pray and trust that fair persons will lead all of us to a just resolution.
Your brother in Christ,
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Investigation of Dell charge begins
Complaint to go to Investigation Committee
(Nov. 6, 1998) Bishop C. Joseph Sprague is in the process of naming an elder in the Northern Illinois Conference to serve as church counsel in the investigation and, if necessary, the church trial of the Rev. Gregory Dell, pastor of Broadway UMC in Chicago. Dell has been charged by Sprague with "disobedience to the Order and Discipline of the United Methodist Church" because Dell conducted a union service for two gay members of his congregation on Sept. 19.
The Rev. Larry Pickens, pastor of Maple Park UMC in Chicago, will serve as Dell's counsel.
Sprague, who filed a formal complaint against Dell on Oct. 12, said he felt obligated to file the complaint despite his "high regard for the Rev. Dell as a person of integrity who possesses an enviable record of pastoral faithfulness and effectiveness" and Sprague's own disagreement with the church law that prohibits pastors from performing homosexual union services.
Procedures for handling complaints against clergy members of the church are outlined in the Book of Discipline of the United Methodist Church.
The first required step is a "supervisory" attempt at resolution of the situation. Sprague said the required supervisory response was completed Oct. 19 and "resolution was not achieved."
Once the church counsel is named, that person will submit the signed complaint against Dell to the NIC's Committee on Investigation, a standing committee elected by the Annual Conference that operates much like a Grand Jury does in the U.S. courts system.
The Committee on Investigations consists of seven elders and two lay observers, all of whom serve for a quadrennium (four-year period). Alternate elders and lay observers are also named in case any members of the committee are unable to serve in an investigation. Current members of the Committee were elected in 1996 and will serve until 2000. The Committee on Investigations will determine whether or not there is sufficient evidence to take the case to a church trial.
If a trial is held, it will be presided over by a bishop from outside of Northern illinois, one of a handful of bishops trained in conducting church trials.
The jury will consist of 13 elders in full connection in the Northern Illinois Conference. The jurors will be selected by the two counsels from a pool of 36 elders, six appointed by each district superintendent in the conference. A vote of nine or more jurors is required for conviction. In the case of a guilty finding, the jury determines the penalty.
Possible penalties
Possible penalties include a wide range of options including — but not limited to — peer support and supervision, personal counseling or therapy, sabbatical leave, leave of absence or surrender of ministerial orders.
Bishop Sprague has indicated that Dell will not be suspended as pastor while the matter is under investigation.
Dell is coordinator for the "In All Things Charity" effort, a movement of clergy who dis-agree with the denomination's position that "the practice of homosexuality is incompatible with Christian teaching." The movement supports covenantal commitments between same-gendered couples and ordination of gay men and lesbians. Nearly 100 clergy members of the Northern Illinois Conference are among the 1500 United Methodist clergy who signed the "In All Things Charity" statement support- ing greater inclusiveness for gays and lesbians within the church.
The complaint against Dell is the first to be filed since the United Methodist Judicial Coun-cil, the denomination's supreme court, ruled last August that a sentence in the church's So-cial Principles prohibiting pastors from performing same-sex ceremonies is binding as church law.
A year after Creech service
Dell conducted the ceremony two days after the anniversary of a similar service that the Rev. Jimmy Creech performed for two women at First United Methodist Church in Omaha, Neb., on Sept. 17, 1997. That service set off a firestorm of divisiveness and debate in the de-nomination, and led to a clergy trial for Creech. He was acquitted on March 13 of being disobedient to church law.
Creech's acquittal led to calls for a ruling by the Judicial Council on whether a prohibition against same-sex ceremonies was enforceable as church law. The prohibition states that "ceremonies that celebrate homosexual unions shall not be conducted by our pastors and shall not be conducted in our churches."
The statement was in the Social Principles, a section of the Book of Discipline that is considered largely advisory. In August, the nine-member Judicial Council ruled that the statement has the effect of church law regardless of its placement in the Discipline, and therefore governs the conduct of the ministerial office.
Dell said he did what "I understood faithfulness to Christ and my ordination vows require. I extended ministry to two men who love each other, love God and love the church."
Nearly one-third of the 185 members at Broadway United Methodist Church identify themselves as gay or lesbian.
Dell said he has conducted services of holy union for same-gendered couples for nearly 30 years, and the Judicial Council's decision didn't cause him to hesitate in performing the most recent ceremony. He and the men had prepared for the celebration for almost a year.
The same-sex service was a faithful expression of his ministerial office as a United Methodist pastor, Dell said.
Serve the whole church
Dell noted that when he was appointed to Broadway UMC and to every other church he has served "it was with the understanding that I would serve the whole church with the ministry that the United Methodist Church puts in place for clergy to offer to a congregation." He said baptisms, communion, confirmation, hospital visitations, funerals, prayers and education are available to all people in the congregation.
"The church says to do these with all people," Dell said, pointing out that only the service of blessing a relationship between two people is restricted from a specific group of people.
"When two people love each other and they want to make a commitment of faithfulness to one another — not just because of what they feel for each other, but also because of their relationship to the church and their relationship to God," Dell said, "the church should be privileged to offer them a blessing."
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I have filed a complaint against one of our pastors
By Bishop C. Joseph Sprague
(Oct. 30, 1998) I intended to pay homage to All Saints Day in this column. Another event has intervened, however, and I must address that now, lest an informed few or inaccurate or incomplete data circulating among many carry the day inappropriately.
My prayer, given what follows, is that each of you reading these words will consider seriously and prayerfully how the persons involved in this situation are part of that great cloud of witnesses that encircles you.
On Oct. 12, I filed a complaint against one of our pastors. That complaint is reported here verbatim with the permission of the pastor in question:
"The Judicial Council ruled in August 1998 that Paragraph 65.c of The 1996 Book of Discipline, namely, 'Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches,' has the effect of church law, notwithstanding its placement in Paragraph 65.c and, therefore, governs the conduct of the ministerial office.
Chargeable offense
"Therefore, when on Sept. 19, 1998, the Rev. Gregory R. Dell conducted a union service for two men at Broadway United Methodist Church, 3344 North Broadway, Chicago, Illinois, he did knowingly, as a stated act of conscience and pastoral ministry, fail to uphold the Order and The Discipline of The United Methodist Church."
"This act is a chargeable offense, which subjects the Rev. Gregory R. Dell to the process of a formal complaint being filed against him. Therefore, despite my high regard for the Rev. Dell, as a person of integrity who possesses an enviable record of pastoral faithfulness and effectiveness, my evaluation of the Rev. Dell as an exceptional pastor, and my own theological and pastoral disagreement with this component of church law, I do hereby file a formal complaint against the Rev. Gregory R. Dell for an act of disobedience to the Order and The Discipline of The United Methodist Church under Paragraph 2624 of The 1996 Book of Discipline."
Consider prayerfully
Given this grievous and vexing situation, I ask you to consider the following, prayerfully:
The required Supervisory Response, Paragraph 358.b) of The 1996 Book of Discipline, was carried out in good faith by all involved. Resolution was not achieved.
Church Counsel will be appointed per Paragraph 358.d)(1) and a signed judicial complaint forwarded to the Committee on Investigation. Due process and fair adjudication, thus assuring a level playing field, have been and shall be honored.
As I stated in every interview in Fort Wayne, IN, at the Jurisdictional Conference before I was elected Bishop and assigned here, and, as I have written clearly in this column previously, I disagree with our denomination's position on homosexuality. As I said in Fort Wayne, have communicated with you and am demonstrating again, however, I shall administer the law of the Church fairly on this and all other issues. I believe that fair, impartial and well-guided processes provide sacred space for the Spirit's work as truth seeks expression on difficult issues.
Unenviable position
The United Methodist Church is in the unenviable position of making it mandatory that a complaint be filed against an exemplary pastor with an enviable record because he performed a pastoral act of conscience emanating from his pastoral and theological understandings.
Personally, I had no valid option but to do what I did unless I decided to resign my office as a Bishop in The United Methodist Church. In all candor, resignation is not an option for me given the pervasive call of God I sense to be on me for this ministry.
The Rev. Dell did what he believed he had to do. I have done likewise.
Now, I pray and believe that the fair processes of the Church will determine what is right and just. I trust due process and pray for the grace and power of the Holy Spirit to be made visible as decisions are contemplated and made. Please hold all of those who are or who will be directly involved in your constant and heartfelt prayers. This is important, albeit painful, family business.
Perhaps, just perhaps, in deference to the liturgical calendar these words from an All Saints Day hymn by Fred Pratt Green are especially timely and meaningful for our Northern Illinois Conference family at this vexing time:
"Rejoice in those saints, unpraised and unknown,
who bear someone's cross or shoulder their own.
"They shame our complaining, our comforts, our cares,
what patience in caring, what courage is theirs.
"Rejoice in God's saints, today and all days;
a world without saints forgets how to praise.
"In loving, in living, they prove it is true,
The way of self-giving Lord, leads us to you."
May it be so, among us.
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