c. 2005 Religion News Service

(UNDATED) A United Methodist pastor is hoping a U.S. Supreme Court ruling that overturned sodomy laws will help her return to the pulpit after a lesbian relationship caused her to be expelled from the clergy.

The Rev. Irene Elizabeth “Beth” Stroud will get her final appeal next week (Oct. 27) when her case reaches the church’s highest court, the Judicial Council, at a hearing in Houston.

Stroud, 35, was initially convicted last December of violating a church ban against “self-avowed practicing” gay clergy. An appeals court threw out the verdict in April, citing legal and procedural errors. Now the church’s Valley Forge, Pa.-based Eastern Pennsylvania Conference is appealing the lower court ruling.

Her lawyers argue in a 43-page brief that her “status” as a lesbian prevents her from being fired, and cite the U.S. Supreme Court’s 2003 Lawrence v. Texas decision to establish a link between sexual conduct and sexual orientation.

Conservatives have worried that Lawrence v. Texas _ which overturned a Texas anti-gay sodomy law _ would have unforeseen consequences. Now it appears the ruling has found its way into a prominent church dispute.

“In some ways it confirms the stereotypes and expectations that conservatives in the church have of the liberal side, which is that the church should follow society rather than transform society,” said Mark Tooley, who monitors Methodists for the Washington-based Institute on Religion and Democracy, a conservative think tank.

Stroud was serving as associate pastor at Philadelphia’s First United Methodist Church of Germantown in 2003 when she told her church she was living in a committed relationship with another woman.

Charges were filed by the local bishop, citing church policy from 1972 that declares homosexual activity “incompatible with Christian teaching” and prohibits “self-avowed practicing” homosexuals from serving as clergy.

Stroud’s lawyers base her defense on two factors. First, they say Stroud cannot be defrocked based on the “self-avowed practicing” language because the church has never defined what that means.

But they also argue that Stroud is covered under a separate provision that protects clergy from discrimination based on “race, color, national origin, status or economic condition.”

Her lawyers argue that her “status” _ which they also contend has never been defined _ as a lesbian protects her from discrimination.

“It is the consensus of the scientific community that homosexuality is a status, not a choice,” the brief argues, adding later that “exclusion based on an unchangeable personal characteristic is clearly status-based.”

Stroud’s defense team said the “separation of homosexual status from conduct” is an idea that is “divorced from reality,” and said she should not be charged based on conduct.

Her lawyers argue that Lawrence v. Texas illustrates how other courts found sexual conduct to be an “inseparable part” of sexual orientation. Forcing Stroud to live a single, celibate life would violate a separate section of church law that forbids the church from requiring clergy to “vow the estate of single life,” her brief said.

The Eastern Pennsylvania Conference was unable to provide its legal brief in the case.

Critics say Stroud is splitting legal hairs, and that the intent of church policy is clear, even if it is not explicitly spelled out. It is unclear what role _ if any _ Lawrence v. Texas would play within the church court.

The Judicial Council ruled last year that homosexual conduct is clearly a “chargeable offense.” Church delegates also tightened language to prevent ambiguity, and soundly rejected moves to loosen the gay clergy policy.

Stroud continues to perform non-ministerial duties at the Philadelphia church until her case is resolved.

In an interview, Stroud said a larger issue looms beyond her due process rights, and said win or lose the church still needs to tackle whether a ban on non-celibate gay clergy is morally justified.

“Regardless of what happens next week, (I believe) the United Methodist Church will live up to the promise of embracing equality for all people, and that will happen in my lifetime,” she said.

MO/RB END ECKSTROM

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