The Acts of Convention

House of Deputies

The House of Deputies Committee on Dispatch of Business presented its Report #32 on a Special Order of Business for consideration of Resolution A161 (Election of Bishops) and moved adoption.

Motion carried

Special Order adopted

(Communicated to the House of Bishops in HD Message #149)

The House of Deputies Committee on Dispatch of Business moved, at the request of the Special Legislative Committee, to reduce the presentation time in the Special Order for Resolution A160 by five minutes and to add five minutes to the presentation time in the Special Order for Resolution A161.

Motion carried

The House of Deputies Special Legislative Committee presented its Report #6 on Resolution A161 (Election of Bishops) and moved adoption with amendment.

Original Text of Resolution:

(A161)

Resolved, the House of Bishops concurring, That the 75th General Convention of The Episcopal Church regret the extent to which we have, by action and inaction, contributed to strains on communion and caused deep offense to many faithful Anglican Christians as we consented to the consecration of a bishop living openly in a same-gender union. Accordingly, we urge nominating committees, electing conventions, Standing Committees, and bishops with jurisdiction to exercise very considerable caution in the nomination, election, consent to, and consecration of bishops whose manner of life present a challenge to the wider church and will lead to further strains on communion.

Committee Amendment:

Resolved, the House of Bishops concurring, That the 75th General Convention of The Episcopal Church regret the extent to which we have, by action and inaction, contributed to strains on communion and caused deep offense to many faithful Anglican Christians as we consented to the consecration of a bishop living openly in a same-gender union. Accordingly, we are obliged to urge nominating committees, electing conventions, Standing Committees, and bishops with jurisdiction to exercise very considerable caution refrain from the nomination, election, consent to, and consecration of bishops whose manner of life presents a challenge to the wider church and will lead to further strains on communion.; and be it further

Resolved, That the General Convention not proceed to develop or authorize Rites for the Blessing of same-sex unions at this time, thereby concurring with the Windsor Report in its exhortation to bishops of the Anglican Communion to honor the Primates’ Pastoral Letter of May 2003; and be it further

Resolved, That the General Convention affirm the need to maintain a breadth of responses to situations of pastoral care for gay and lesbian Christians in this Church; and be it further

Resolved, That the General Convention apologize to those gay and lesbian Episcopalians and their supporters hurt by these decisions.

Deputy Clark of Central Florida moved, on behalf of the lay and clergy deputations of Tennessee, the lay and clergy deputations of South Carolina, the lay and clergy deputations of Fort Worth, and the lay and clergy deputations of Central Florida for a vote by orders on the final perfected Resolution A161. The President declared the motion in order.

Following thirty minutes of debate the President asked for the mind of the House either to continue with procedural motions or to recess.

Deputy Currie of Central Gulf Coast moved that the House be in recess.

Motion carried

House of Deputies

Special Legislative Committee

The President returned the debate to Resolution A161 stating that the floor was open for debate and procedural motions.

Deputy Cantrell of Fort Worth moved to substitute the resolution.

Proposed Substitute:

Resolved, the House of Bishops concurring, That the 75th General Convention of The Episcopal Church “effect a moratorium on the election and consent to the consecration of any candidate to the episcopate who is living in a same gender union until [and unless] some new consensus in the Anglican Communion emerges” (Windsor Report 134); and be it further

Resolved, That the 75th General Convention effect a moratorium on the authorizing of all public rites of blessing of same-sex unions (Windsor Report 144); and be it further

Resolved, That the 75th General Convention call on those bishops who have authorized public rites for blessing same-sex unions, “because of the serious repercussions in the Communion…to express regret that the proper constraints of the bonds of affection were breached by such authorization” (Windsor Report 144).

Point of Order

Deputy Kaeton of Newark moved that Resolution A161 was out of order because of a conflict with the Canons.

The President ruled the motion out of order.

Deputy Medina of Los Angeles challenged the ruling of the Chair.

The voice vote on the challenge being inconclusive, the President called for an electronic vote. The result of the electronic vote was: Yes, 541 votes (65.7%) and No, 283 votes (34.3%).

Motion carried

Chair upheld

The ruling of the Chair was upheld.

Debate continued on the resolution.

The President called on Chaplain Gunter for prayer.

The President announced that time for debate had expired.

Deputy Miles of Washington moved to extend debate by 15 minutes. The voice vote being inconclusive, the President called for an electronic vote.

Deputy Ross of Lexington, on behalf of the lay and clergy deputations of Lexington, the lay and clergy deputations of Long Island, the lay and clergy deputations of Kentucky, and the lay and clergy deputations of Eastern Oregon, moved for a vote by orders on the proposed substitute. The President declared the motion to be in order.

Deputy Luck of Central New York moved to declare the proposed substitute out of order on the basis that the House does not have the authority to effect a moratorium.

The result of the electronic vote on the motion to extend debate was: Yes, 372 votes (45.3%) and No, 449 votes (54.7%).

Motion defeated

Debate terminated

Special Legislative Committee

The President, after consultation with the Parliamentarian, ruled the first resolve clause in the proposed substitute out of order because of the use of the word “effect.” A constitutional amendment would need to be proposed. The second and third resolve clauses of the proposed substitute stand.

Deputy Haller of New York challenged the ruling on the second clause and third clause because they have a constitutional status.

Deputy Harmon of South Carolina challenged the ruling on the first resolve clause.

The President announced that, in order to provide time for discussion with the Parliamentarian, the debate would continue after lunch.

House of Deputies

Special Legislative Committee

The House of Deputies Committee on Dispatch of Business returned the House to the debate on Resolution A161.

The President read the ruling from the Parliamentarian and the Chairs and Vice-Chairs of the Committees on Canons and Constitution, stating that the proposed substitute was out of order [See Appendix B].

Appendix B

Day 8

Resolution A161 (Election of Bishops)

Ruling of the Chair As to the first paragraph, the Constitution and Canons set forth the requirements and limitations on who is eligible to be a bishop in this Church. Those requirements and limitations are found in Article II and in Canon III.16. The proposed language would have to be in the form of an amendment to the Constitution or Canons, or both, to prohibit the election of or consent to the consecration of persons living in a samegender union. As to the second paragraph, Article X of the Constitution provides that the authority of bishops to authorize special forms of worship is limited by the rubrics and the Canons. Nothing in the rubrics or Canons forbids a bishop from taking the action contemplated by the second paragraph; therefore, it would take an amendment of the rubrics or canons to do so. And, third, having determined that any provision of the substitute resolution is out of order, the entire substitute is out of order. Accordingly, the substitute is out of order and the question before the House is the original resolution, A161.

The President returned the House to the original Resolution A161 and stated that the time for debate had expired.

Deputy Harmon of South Carolina appealed the ruling of the Chair.

Deputy Luck of Central New York moved the previous question.

Motion carried

Debate terminated

A vote was taken to sustain the ruling of the Chair.

Motion carried

Chair upheld

Deputy Hart of Pennsylvania moved to extend debate by ten minutes.

Motion defeated

Debate terminated

Ballot #6—Vote By Orders

A Vote By Orders was taken on Resolution A161.

Ballot #6 taken by orders

Results of Ballot #6: Vote By Orders on Resolution A161.

The Secretary read the results of Ballot #6 including the no and divided votes by diocese:

Resolution A161 failed in the clerical order and the lay order.

Motion defeated

Resolution rejected

(Communicated to the House of Bishops in HD Message #153)

Deputy Kirk of Pennsylvania, on behalf of the clerical deputation of Pennsylvania, having voted on the prevailing side, moved to reconsider the original text of Resolution A161 (Election of Bishops). The lay deputation of New Jersey also moved to reconsider the resolution.

Deputy Blue from Maryland moved the previous question.

A vote was taken to terminate debate.

Motion carried

Debate terminated

A vote was taken. The voice vote being inconclusive, the President called for an electronic vote. The motion requires a 2/3 majority to carry. The result of the vote was: Yes, 486 votes (59.1%) and No, 336 votes (40.9%).

Motion defeated

Reconsideration defeated