43. CONCERNING PROPOSALS 35, 40, 41 and 42 (Presbytery of Eyre)

That the Assembly:

43.1 determine that the matter of human sexuality is vital to the life and witness of the Uniting Church and therefore, following Proposal 35 from the Presbytery of Stirling WA, puts the homosexuality issue to congregations for resolution under Clause 39 of the Constitution;

43.2 determine that all congregations, by a majority of members (ie. confirmed members and members-in-association) present and voting at duly convened meetings, shall be asked to respond YES or NO to the following declaration:

The Uniting Church in Australia:

(a) Affirms that human sexuality is a gift from God.
(b) Teaches in appropriate ways a positive and joyous celebration of our sexuality in Christian marriage.
(c) Proclaims the forgiving nature of God.
(d) Recognizes the need for responsible sexual behaviour in the light of human weakness and sin.
(e) Points out that sexual activity outside of loving, equal, committed married relationships is having a damaging effect on many individuals, families and society.
(f) Deplores all sexual abuse and sexual violence which occurs within families and marriage, as well as in other circumstances, and calls on the church to listen to, care for, and stand with the victims and all parties involved.
(g) Holds that responsible sexual behaviour is expressed by celibacy in singleness and loving faithfulness between a man and a woman in marriage.
(h) Affirms the need for showing compassion to homosexual men and women, especially during times of injustice and ill-health.
(i) Holds that a practising homosexual lifestyle is incompatible with Christian principles.
(j) Rejects judgmental attitudes but affirms high moral standards in sexual ethics and witnesses to the renewing grace of God in this, as in all, areas of human behaviour;

and therefore determines:

(a) That Christ calls and empowers us to be celibate in singleness and faithful in marriage;
(b) That homosexual practice is contrary to the teaching of Scripture which has been affirmed by the church historically and ecumenically;
(c) That self-avowed, practising homosexuals are not to be accepted as candidates, settled in designated ministries, or appointed to any position of leadership;
(d) That ceremonies that celebrate homosexual relationships shall not be conducted by Ministers of the Uniting Church, nor held in Uniting Churches;

43.3 determine that responses by congregations to the declaration, to be valid, must reach the Assembly Secretary by 5:00pm Friday 30 March 2001;

43.4 determine that the declaration be considered as binding upon the statements and actions of the Uniting Church and all its affiliated bodies and agencies if two-thirds of the total number of congregations returning responses indicate YES to the declaration;

43.5 determine that the President, the National Chairperson of the UAICC and one other person chosen by the Standing Committee be appointed to take action to put in place at their discretion procedures to enable the above process to be implemented and completed satisfactorily;

43.6 determine that the President declare and communicate the outcome of the above process to Synods, Presbyteries, Congregations and all associated bodies of the Church as soon as possible after 30 March 2001.

Rationale:

The Eyre Presbytery asks the Assembly to accept that its representatives are empowered by the Presbytery, and at their discretion, to move to bring the above proposal forward for consideration, when any (as yet unseen) proposal or statement from the "Moving Ahead with Diversity" Retreats (foreshadowed in Report C7) or any other proposal which may have the practical effect of negating this proposal is debated, and to seek the President's intervention so that this proposal has full and free opportunity to be considered by the Assembly.

The Eyre Presbytery believes that the Uniting Church in Australia, as an institution, stands at the crossroads of its existence as a helpful expression of the Gospel of Jesus Christ for this nation. Its membership is rapidly declining in numbers and aging in years. While many reasons can be advanced for this, Eyre Presbytery believes that major contributors to the dilemma are:

1. The Uniting Church has found itself unable to speak with one voice the truth of the Gospel of Jesus Christ to the Australian community;
2. On the specific issue of allowing into leadership in the Uniting Church those who practise and advocate homosexual lifestyles, the UCA has thus far refused to make a decision that would clarify its teaching;
3. The Uniting Church has implied that the Bible cannot be safely interpreted except by those with modern, western, liberal theological training, and has therefore called into question whether individuals are able to hear God's voice for themselves in the Holy Scriptures.

The result of these approaches is that large numbers have left or are leaving our Church nationally: we have the lowest retention of young people of any main denomination. But not only is the Uniting Church in decline numerically: it has become theologically ambiguous and perhaps even dishonest. The Uniting Church has divorced itself from effective interaction with many denominations and placed itself as either irrelevant or harmful to others' attempts to further God's Kingdom in the Australian community.
The outcome of the last Anglican Conference at Lambeth and decisions by other denominations internationally strongly indicate that the worldwide church will hold to its historical and ecumenical understanding of homosexual practice. It is therefore likely that the UCA may be risking censure by the worldwide church for abandoning faithful understandings of the Bible on homosexuality, in the same way as the Reformed Church of South Africa was censured for its support of apartheid. In short, we would fall outside "the faith and unity of the one, holy catholic and apostolic church."

Seen in this context, it is little wonder that far fewer Australians are now able to identify with the Uniting Church. It is not only failing to "unite" people, it is confusing them theologically, hurting them pastorally, and ultimately excluding them from the full witness of the Gospel. Jesus spoke the truth about sin, loving people too much to allow them to continue in it (John 8:11, Mark 10:21-22).

The Uniting Church's attempts to work through the issues have not - and cannot - resolve the divide. Suggesting that we simply need to "respect the differences" or "live with diversity" ignores the fact that the issue asks the Uniting Church to depart from, or remain divided over, 3000 years of Judeo-Christian understanding of Scriptural truth. It is not a peripheral issue, but one that goes to the heart of the way in which our proclamation of the Gospel is understood, delivered and perceived.

The Eyre Presbytery believes that the time has come for the Uniting Church to resolve this issue. The energy of the Uniting Church has been diverted with sexuality for nearly two decades. The case for change has been argued exhaustively in that time. It is now time for the voice of the whole Uniting Church to express "what the Spirit is saying to the (Uniting) Church" (Rev 2:17).

44. LONG-TERM MINISTRY (Presbytery of Moreton Rivers)

That the Assembly request the Standing Committee, on the advice of the Legal Reference Committee, to amend Regulations 2.7.7 and 2.7.11as follows:

"2.7.7 The placement in a pastoral charge shall normally be made for an undefined term, subject to the provisions of Regulation 2.7.11.

2.7.11 (a) when a placement reaches the end of the tenth year, and by the end of each subsequent five year period, the Presbytery shall conduct a special consultation/mission study of the ministry within the Congregation to determine that the leadership of the Minister is conducive to the continued growth and development of the mission of the Congregation (see also Regulation 3.4.5).

(b) In such special consultation/mission study, the Presbytery shall also consult with, and give consideration to the welfare and vocational growth of the Minister."

Rationale:
This wording makes it clear that terms of placement are undefined and removes any impression that ten years is normally the limit, but defines a process of a special consultation/mission study of ministry within the life of the congregation in terms of leadership and pastoral care. This special consultation/mission study is separate to the normal consultation on the life and witness of the Congregation (Reg. 3.4.5) and is similar to the process necessary if a vacancy occurs in between the normal cycle of consultations (see 2.7.15).

Regulation 2.7.8 defines the procedure for terminations and therefore gives adequate protection to all parties should the need arise for a closure of ministry.

Research in America (see Warren, R. (1995) The Purpose Driven Church. Grand Rapids Michigan: Zondervan) and anecdotal evidence in Australia shows that there is a strong correlation between church growth and longer term ministries. Larger regional churches are particularly in need of longer term ministries and it is also a critical issue for congregations which are growing up from 100-150 members. Imposing a limit of ten years is artificial and inappropriate.

In terms of leadership, it is important that the minister be enabled to see projects and initiatives through to completion. The present system of extensions using three year periods is disruptive to congregational life as it causes uncertainty for the Minister and within the congregation. The current Regulations place restrictions on a Minister's capacity to initiate new projects and also diminish the commitment of the congregation to his/her leadership.

A long pastorate does not guarantee a church will grow, hence the need for periodic review by the Presbytery.

Churches which rotate Ministers every few years rarely experience consistent growth.

45. MANDATORY SENTENCING (Northern Synod)

That the Assembly:

45.1 stands with the Northern Synod in its opposition to mandatory sentencing and declares that mandatory imprisonment is contrary to Australia's international human rights obligations and goes against the teachings of the Gospel;

45.2 calls on the Northern Territory Government to repeal these laws and asks that this message be conveyed to the Chief Minister of the Northern Territory by the Assembly General Secretary and the President;

45.3 calls on the Prime Minister to encourage the Northern Territory Government to repeal these laws and asks the Assembly General Secretary and President to convey this message to the Prime Minister.

Rationale:

The Northern Synod of the Uniting Church in Australia has been opposed to the legislation referred to as "mandatory gaol sentencing for property offences in the Northern Territory" since their introduction in March 1997. The Synod has passed resolutions in opposition to these laws in 1997, 1998 and 1999. The Northern Synod calls on the Assembly to support the Northern Synod's opposition to mandatory sentencing.

The Northern Territory legislation referred to as "mandatory gaol sentencing for property offences" removes the discretion of magistrates and judges in sentencing juveniles and adults charged with property offences.

This removal of discretion of the judiciary has resulted in the dehumanising of the legal process and has resulted in the imprisonment of adults and juveniles for sometimes trivial offences. Similarly, the law does not discriminate between trivial and serious property offences and relates only to certain types of property crime while excluding white collar crime such as fraud, embezzlement or shoplifting.

These laws have the capacity to undermine the people's confidence in the justice system and question the separation of powers which is essential in a democratic and civil society.

Of particular concern is the increased incarceration of women, youth, Aboriginal people and those with mental and intellectual disabilities, all of whom are unfairly affected by these laws. Also of concern, is the expense of maintaining these laws, estimated at $60,000 per annum per prisoner.

In addition, the laws are in clear breach of Australia's international human rights obligations in relation to children, in addition to breaching the International Covenant on Civil and Political Rights to which Australia is a signatory. They also go against the findings of the Royal Commission into Aboriginal Deaths in Custody.

Crime statistics in the Northern Territory indicate that the crime rate is similar to that in other parts of Australia, while the incarceration rate per capita is three times that of other states.

It is a basic tenet of Christianity that we stand with the poor, the hungry, and the marginalised, and in recognising the humanity of each person, we are able to show mercy and offer an opportunity for forgiveness. As these laws deny natural justice, we therefore state that they are immoral, unethical and unjust and should be repealed by the Northern Territory Government or overturned by the Federal Government.