PCA Standing Judicial Commission Denies Complaint Against Missouri Presbytery

The SJC officially concluded, “Based on the Record, there was no reversible error in the decisions reached by Missouri Presbytery regarding the four allegations. It was not unreasonable for Presbytery to judge that TE Johnson’s ‘explanations’ on the four allegations were ‘satisfactory.’ (BCO31-2).”
The Standing Judicial Commission (SJC), the highest judicatory of the Presbyterian Church in America, has ruled that Missouri Presbytery did not violate the investigation requirements of the Book of Church Order and did not err when it declined to process allegations against TE Greg Johnson.
The judgment is a consequence of a complaint that arose out of Missouri Presbytery which alleged that TE Johnson 1) “denies that same-sex-attraction is sinful,” 2) “compromises and dishonors his identity in Christ by self-identifying as a same-sex-attracted man,” 3) “denies God’s purpose and power to sanctify SSA [same-sex-attracted] believers,” and 4) “cannot meet the biblical ‘above reproach’ qualification for the eldership.”
The SJC officially concluded, “Based on the Record, there was no reversible error in the decisions reached by Missouri Presbytery regarding the four allegations. It was not unreasonable for Presbytery to judge that TE Johnson’s ‘explanations’ on the four allegations were ‘satisfactory.’ (BCO31-2).” The SJC judgment indicates that the Record of the case included “over 600 pages covering multiple years of [TE Johnson’s] writing, speaking, and judicial processes” as well as “representations [that] have been extrapolated by critics….”
On March 25, 2021, a hearing was conducted before the full SJC in Atlanta with all judges present to hear representatives of the Complainant and Missouri Presbytery. Additional questions were addressed to TE Johnson by the SJC. A 5-person drafting committee of the SJC was, then, randomly selected by the Chairman to write a proposed opinion for the Commission. That proposal with amendments was ultimately approved by the full SJC on October 21, 2021 by a vote of 16-7-0 (one member absent due to medical concerns). This judgment is considered the final action of the General Assembly on this case.
The Final Decision of the Standing Judicial Commission in SJC 2020-12.
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Who Is the LORD? | Exodus 5
Although our justification before God was completed entirely, once for all, upon the cross of Christ, our final deliverance from sin is just as much of a process as Israel’s exodus. We are being sanctified in Christ each day, so we need the gospel just as much today as we did whenever we first believed. Indeed, we will often find that the deeper the gospel penetrates our hearts, the harder our sinful flesh fight back. Or we find that during times of pain and affliction how easy is it to return to the entrenched paths of sin for “comfort,” just as the Israelites first brought their complaint to Pharaoh.
As last, here in the fifth chapter of Exodus, we find the first confrontation between Moses and Pharaoh. Through all of his faults and fears, Moses returned to Egypt with his brother Aaron and told the elders of Israel all that God had spoken to him. In response, they believed what Moses had said and worshiped the LORD. Now, with the support of his people behind him, the prophet of God is ready to speak directly to the king of Egypt.
Thus Says the Lord // Verses 1-3
Afterward Moses and Aaron went and said to Pharaoh… After receiving the support of the elders of Israel, Moses and Aaron were clearly not interested in wasting time. How exactly they were able to get a standing before the king of Egypt so quickly is not mentioned here, but I would assume that the gravitas of these two messengers of the Most High would have convinced Pharaoh’s servants that their message was an important matter to attend to.
In this initial dialogue with Pharaoh, which we should remember was happening between Aaron and the mouth of Pharaoh while Moses and Pharaoh watched the proceedings and perhaps whispered in the ear of their ‘prophet,’ Moses and Aaron speak twice. Their initial pronouncement is a direct demand, coming from the very mouth of the Great I Am: Thus says the LORD, the God of Israel, “Let my people go, that they may hold a feast to me in the wilderness.” Then after Pharaoh dismisses the words of the Almighty, the prophets speak again: The God of the Hebrews has met with us. Please let us go a three days’ journey into the wilderness that we may sacrifice to the LORD our God, lest he fall upon us with pestilence or with the sword.
Many have noted the shift in tone between their first and second statements, for the first is an authoritative demand from God while the second appears to be a polite request from Moses and Aaron. We should remember, however, that God explicitly commanded Moses to speak the words of their second statement back in 3:18. Therefore, it is not as if Moses and Aaron were cowering down after meeting the initial opposition of Pharaoh. Indeed, as we noted before, the LORD is apparently giving Pharaoh this simple request merely to let the Israelites go a three-days’ journey in order to display the hardness of the king’s heart. It is to reveal that Pharaoh would not even let the Hebrews go temporarily. Thus, it is not as if things would have been any different if the LORD had offered a compromise to Pharaoh.
As dismissive as Pharaoh’s response is, let us draw this bit of encouragement: success in evangelism is not measured by the response of the receiver but by the faithfulness of the herald. Moses and Aaron were faithful in their mission to proclaim God’s Word, even though we have already been told that Pharaoh would not listen. Nevertheless, God intended to pile up His warnings to Pharaoh so that Pharaoh would be that much more worthy of judgment. Although we should pray mightily for the salvation of everyone around us, we would do well to remember that God’s mercy and judgment are the same today. Although we are to proclaim the gospel to everyone, only some will be believe, and the others will have heaped greater judgment upon themselves for having also rejected God’s mercy and grace.The final phrase of their proclamation is an interesting one: lest he fall upon us with pestilence or with the sword. I do not think that we should read this as Moses and Aaron speaking of God’s judgment solely upon the Israelites; instead, it seems that they were still speaking of themselves as belonging to the nation of Egypt, which goes right along with this initial request to sacrifice in the wilderness and then return. Again, let us stress that the LORD is giving Pharaoh the great mercy of warning him of the coming judgment. Thankfully, this is how God almost always operates. He gives opportunity after opportunity for repentance before finally bringing down the sword of His justice and wrath. This will become incredibly clear as each of the plagues reveals the stubbornness of Pharaoh to be more and more worthy of God’s judgment.
Before discussing Pharoah’s responses, Philip Ryken makes an excellent point on how Christians might learn from the statements of Moses and Aaron:
This dialogue is a model for bold Christian witness. Moses and Aaron began by telling Pharaoh exactly what he had to do. But they also took the time to explain who was making this demand and why and what would happen if it wasn’t met. The God of Israel was demanding freedom for his people. He was making this demand so that he could be glorified in their worship, and if his demand was not met, he would respond with swift and terrible justice.
Christians ought to adopt a similar strategy in presenting the good news about Jesus Christ. The gospel is first of all a demand in which God commands sinners to repent and believe in his Son. But that demand requires some explanation. To repent is to be sorry for sin and turn away from it. To believe in God’s Son is to trust in the crucifixion of Jesus Christ as the full payment for one’s sin. Christians also need to be prepared to explain why God makes this demand. Very simply, it is because those who refuse to come to Christ will be lost in their sins and will suffer the eternal punishment of God’s wrath. If you are not a Christian, consider yourself warned! Like Pharaoh, you have heard what God demands, as well as the consequences of refusing him.[1]
Pharaoh’s initial response to Moses and Aaron declaring, “Thus says the LORD…” is a perfect insight into the heart of this prideful monarch: Who is the LORD, that I should obey his voice and let Israel go? I do not know the LORD, and moreover, I will not let Israel go.Let us take a moment, however, to walk in Pharaoh’s shoes. Imagine the audacity of these demands from the perspective of Pharaoh. He believed himself to be a son of the gods, a god-man, both human and divine. And before him were two representatives from a nation of slaves, speaking on behalf of their God, a God who had let them endure slavery for four hundred years. Pharaoh’s response is, therefore, cold and honest, and as a self-proclaimed deity, he directed his skepticism and hostility directly at the God who had sent Moses and Aaron.
We see that skepticism and hostility in Pharaoh’s first question: who is the LORD, that I should obey his voice and let Israel go? Pharaoh’s ignorance of the LORD was willful. Like all sinners until God intervenes, his skepticism of the LORD was directly tied to his refusal to obey God’s commands. Indeed, notice that Pharaoh’s response is essentially to say that he does not recognize the LORD as God but even if he did, he would not obey him. Citing Ryken again, he points out that Pharaoh’s answer reveals a pattern of unbelief among unbelievers in general:
Unbelief is partly an intellectual problem: the unbeliever does not know the Lord’s name. It is partly a spiritual problem: the unbeliever refuses to obey the Lord’s will. But often it is also a social problem: the unbeliever does not care for the Lord’s people.[2]
This is an important point to make because too often we treat most unbelief as purely intellectual, as if there were no other factors to consider. Paul, however, teaches us that all people know God as the Creator and the Lawgiver, and those who claim otherwise “suppress the truth” (Romans 1:18). While intellectual problems certainly do factor into unbelief, they are very rarely the primary problem once the heart of the matter is reached.
We can also use Pharaoh’s skeptic response to the command of the LORD to push back against the commonly held modern notion of skepticism as virtuous. Of course, as secularism increasingly uncovers itself to be just as religious as any other religion, that notion is somewhat going out of fashion. Yet it continues to hang on, nonetheless. While a certain degree of skepticism is necessary for scientific inquiry,[3] skepticism as a worldview is path to nihilism. C. S. Lewis wrote of this danger, saying:
But you cannot go on ‘explaining away’ for ever: you will find that you have explained explanation itself away. You cannot go on ‘seeing through’ things for ever. The whole point of seeing through something is to see something through it. It is good that the window should be transparent, because the street or garden beyond it is opaque. How if you saw through the garden too? It is no use trying to ‘see through’ first principles. If you see through everything, then everything is transparent. But a wholly transparent world is an invisible world. To ‘see through’ all things is the same as not to see.[4]Skepticism itself is not a virtue. Like the scoffer of Psalms and Proverbs, the perpetual skeptic sees through everything until he makes himself blind, unable to see at all.
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What’s in a Title?
Written by O. Palmer Robertson |
Tuesday, November 14, 2023
As the apostolic age is coming to its close, Paul makes provision for the ongoing governance of the church by the continuing offices of “elder” and “deacon,” but not “apostle” (1 Tim. 3:1-13; Tit. 1:5-9). No longer will the church’s governance be invested in apostolic eyewitnesses of the resurrection who have been specifically called and commissioned by Christ as foundational witnesses for the life of the church. In his later letters to pastors Timothy and Titus, Paul lays out the role of elder and deacon for the ongoing church of the Lord Jesus Christ. He makes no mention whatsoever of an ongoing apostolic office. Neither does he use the term “deacon” when referring to the role of women in the church.Communities differ in their use of titles. People would not think of applying the title “king” to anyone but the monarch himself in countries where a king reigns, for there can be only one “king.” In other cultures with a more democratic order, the term “president” can be used quite loosely. Only one person may be “the president.” But many people may be addressed with the title “president:” the president of a university, the president of a ladies’ luncheon club, the president of a young boys’ organization. Under certain circumstances titles have restricted use. At other times, titles may be used quite broadly.
Current discussion in the evangelical community buzzes about titles, especially the use of church officer titles for women. Should a woman be called a “minister?” A “pastor?” An “elder?” A “deacon?” In some ecclesiastical circles these questions have little significance. But in other church communities more strongly committed to the Bible as God’s infallible Word, the question of church titles for women can be vigorously debated.
During a recent church meeting, one argument seemed quite persuasive for allowing women to be called deacons, if not pastors and elders. The person framed his statement something like this:
Paul the apostle, refers to Phoebe the “deacon” (Rom. 16:1). Would Paul be welcome today in a church community if he insisted on addressing women with the title “deacon?” Or would the apostle be told that he must not address women as “deacons” anymore?
In this case, the issue is not whether a woman should hold the ordained office of deacon. Instead, it’s simply a matter of addressing a woman with the title “deacon,” meaning “servant,” which is nothing more than what Paul does in the case of Phoebe.
Further analysis of Paul’s example may establish more than a person intends. For only a few verses later in this same chapter of Romans, Paul applies an even higher title to a woman—a very exalted title indeed. Paul warmly greets Andronicus and his wife Junias, for they are “well known among the apostles” (Rom. 16:7).
Now what are you going to do? If Paul models the use of titles for the church, should you not address faithful, godly women as “apostles” as well as “deacons?”
Paul’s phrase could mean “well known to the apostles.” But the more likely understanding is that Paul actually addresses the woman Junias as an apostle. John Calvin reaches that conclusion. Junias is “well known among the apostles.” Then in his discussion, Calvin notes that Paul “does not, however, use this word in its proper and generally accepted sense…” For Paul “restricts the word elsewhere to the principal order which Christ established at the beginning when He chose the twelve disciples” (John Calvin’s commentary on Romans 16:7).
So shall we feel free to apply the title “apostle” to ourselves as well as to women in this lesser sense? Has anyone ever addressed you as “apostle?” I recently received an email that addressed me as “apostle!”
Why do we restrain from applying this title to ourselves, since Scripture itself gives the title of “apostle” to people other than the original twelve? Barnabas, Andronicus, and his wife Junias are all called apostles (Acts 14:14, Romans 16:7). Why not address women today by the title “apostle” or “deacon?” If Paul does it, why do we not feel free to do the same?
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Minority Reports, CCB, & the SJC – Part 1: The Parliamentary Rules
While RONR acknowledges that “Each society decides for itself the meaning of its bylaws,” the next sentence gives an important qualification: “When the meaning is clear, however, the society, even by a unanimous vote, cannot change that meaning except by amending its bylaws” (RONR [12th ed.] 56:68). I have argued in this article that the meaning of our rules is clear, so that the only way to forbid a minority from Committee on Constitutional Business (CCB) from presenting a minority report would be to amend the RAO. Short of such an amendment, the General Assembly must permit such minority reports in the future.
Background
At the 49th General Assembly of the Presbyterian Church in America (PCA), the Committee on Constitutional Business (CCB) presented its annual report, which included the results of its review of the minutes of the Standing Judicial Commission (SJC), according to the PCA’s Rules of Assembly Operations (RAO):
The minutes, but not the judicial cases, decisions, or reports, of the Standing Judicial Commission shall be reviewed annually by the Committee on Constitutional Business. The minutes shall be examined for conformity to the “Operating Manual for Standing Judicial Commission” and RAO 17, violations of which shall be reported as “exceptions” as defined in RAO 14-11.d.(2). With respect to this examination, the Committee on Constitutional Business shall report directly to the General Assembly. If exceptions are taken with respect to a case, the Assembly may find this a ground to direct the Standing Judicial Commission to retry the case. (RAO 17-1)
This year, two members of CCB issued a minority report, arguing that they differed from the majority by finding exceptions with respect to the SJC’s handling of Speck v. Missouri Presbytery. The Moderator ruled that this minority report should neither be heard nor moved as a substitute for the Committee’s report, and, upon appeal, the General Assembly narrowly sustained the Moderator’s ruling by a vote of 970-856.
In this article, I will explore the details of the parliamentary rules concerning minority reports to argue that, in my opinion, this ruling was in error. In a future article, I will argue why maintaining this procedure is so important for the health of the PCA.
Approach
I want to be clear at the outset that I am not interested in re-litigating the case in question, Speck v. Missouri Presbytery. That decision stands as the “the final decision of the General Assembly…to which there may be no complaint or appeal” (BCO 15-5). Thus, it is important to set aside the specific issues that this minority within CCB was trying to address from the general principle of whether any minority within CCB has the right to submit a minority report. I will argue that minorities of the CCB do have this right, and that future General Assemblies should allow them to do so.
Furthermore, I do not write this with any disrespect for past or future members of CCB, nor the Moderator of the 49th General Assembly. These are fathers and brothers whom I highly esteem, even though I may disagree with them here. Again, I am writing less with an eye to the past, and more with an eye toward preparing the way for future minority reports that may come from within CCB.
Accordingly, I will first explain the procedure for offering minority reports, and the implications of that procedure for CCB’s review of SJC minutes. Then, I will consider various objections that have been made against considering a minority report from CCB, comparing them to the binding principles that guide us in how we should interpret our rules.
What are Minority Reports?
First, let us briefly consider what minority reports are, and what they may accomplish. While our RAO includes a few relevant rules detailing the function of minority reports in the General Assembly of the PCA, the foundational rules for minority reports are in Robert’s Rules of Order, Newly Revised (RONR; 12th ed.) 51:64–71. Robert’s Rules defines a minority report as “the presentation of an expression of views in the name of a group of committee members not concurring with the committee report” (RONR [12th ed.] 51:64).
Minority Reports for Recommendations
Often, but not always, minority reports offer differing views regarding proposed recommendations in a committee’s report. In such cases, the minority can “(a) recommend rejection of the resolution [i.e., recommendation]; (b) recommend amendment of it; or (c) recommend adoption of some other suitable motion designed to dispose of the resolution appropriately” (RONR [12th ed.] 51:67).
The vast majority of minority reports dealt with during the proceedings of General Assemblies (e.g., from the Overtures Committee) deal with minority recommendations in this fashion.
Minority Reports for Information Only
Other minority reports, however, address proposed recommendations. In these cases, minority reports do not offer differing recommendations, but only different information: “If the committee report is for information only, the views of the minority may be similarly constructed [to the committee report] or may conclude with a motion” (RONR [12th ed.] 51:68).
Two paragraphs later, this concluding motion is clarified as a motion to substitute the minority in place of the committee report: “When a minority report is presented, it is for information, and it cannot be acted upon except by a motion to substitute it for the committee report.” (RONR [12th ed.] 51:70). If such a motion to substitute were adopted, the minority report would become the committee report.
If both the committee report and the minority report are for information only, what would the point be in substituting the minority report for the committee report?
Minority Reports from CCB
While there may be a number of reasons in different organizations for this procedure, the ability for a minority on CCB to move its report as a substitute for the Committee’s report is an important procedure. Within CCB’s review of SJC minutes, a minority may seek to present a minority report if the minority finds procedural errors in SJC’s handling of a case where the majority of the Committee does not. Or, vice versa, the minority may believe that the SJC’s handling of a case was free from error if the majority of the Committee believed that there were errors.
The importance of this procedure hinges on the fact that the General Assembly may only direct the SJC to retry a case after the CCB report determines that there were procedural errors in the case (BCO 15-5.a; RAO 17-1). Thus, the CCB report is the mechanism that permits a motion from the floor of the General Assembly to direct the SJC to retry a case. While the report itself is for information only, and without recommendations, the Assembly’s ability to make a motion to retry a case requires the presence of specific information that report: “If exceptions are taken with respect to a case, the Assembly may find this a ground to direct the Standing Judicial Commission to retry the case” (RAO 17-1).
So, at the 49th General Assembly, a minority believed that there were errors in the SJC’s handling of a case. If that minority report had been permitted to be heard (as it should have, in my opinion), then the first question before the General Assembly would have been whether to substitute that minority report as the report of the committee (RONR [12th ed.] 51:70; RAO 19-2).
Subsequently, if the first motion to substitute the minority report as the committee report had been adopted, then a second question would have become permissible: namely, it would have been in order then (and only then) for someone from the floor at the General Assembly to move to direct the SJC to retry the case in question. If the first motion to substitute the minority report for the committee report had been defeated, then the second motion to direct the SJC to retry the case would not have been in order.
Regardless of what may have happened during these first or second motions, the minority report itself should have been presented. While we will deal more thoroughly with the importance of this procedure in the next article, two brief comments will suffice for the moment. First, this procedure of minority reports protects the authority of the General Assembly over its own committees by giving the Assembly the final say as to which version to receive as the report of a given committee. Second, this procedure of minority reports preserves the only check of accountability that the General Assembly has reserved to itself (BCO 15-5.a) over the otherwise carte blanche judicial authority delegated to the SJC. Overall, minority reports protect the General Assembly from being handcuffed by a bare majority of CCB in the execution of this constitutional oversight over SJC.
Next, we will examine the arguments that were presented against the minority report’s consideration in light of the PCA’s binding principles for interpreting our rules.
The PCA’s Parliamentary Rules Require Minority Reports from CCB to be Heard
The parliamentary rules of the PCA clearly require minority reports to be heard. While many of the rules for dealing with minority reports are found in RONR (see above), one of the biggest differences between RONR and the RAO is that RONR requires the permission of the Assembly by majority vote before hearing a minority report (RONR [12th ed.] 51:69). Our RAO (which supersedes RONR), however, grants this permission to all minority reports when it states that a minority “shall” be permitted to have the privilege of presenting:
When a minority of a committee wishes to present a minority report, the member reporting for the minority shall have the privilege of presenting the minority report and moving it as a substitute for the portion of the majority report affected. (RAO 19-2)
CCB member RE Matt Fender made reference to this provision when he attempted to move the minority report as a substitute for CCB’s report, observing that RAO 19-2 does not limit which committees are entitled to issue a minority report. When in conflict, particular rules apply rather than general rules (RONR [12th ed.] 3:2), and without a particular rule that excludes CCB from presenting minority reports, the general rule in RAO 19-2 applies.
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