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Church appeals jury verdict on gay marriages

Tad Whitaker Marin Independent Journal
San Rafael, CA 3/26/2006

Presbyterian Church officials have decided to appeal a verdict from a church trial that vindicated a San Rafael minister who performs same-sex marriages.

Stephen Taber, a church attorney who prosecuted the Rev. Jane Spahr, said the Prosecuting Committee of the Presbytery of the Redwoods - which oversees 52 churches from north of San Francisco to the Oregon border - voted to appeal the verdict that concluded Spahr was correct to follow her conscience over the church's written constitution.

"I'm not entirely surprised," he said.

The appeal will be heard by the church's Synod of the Pacific, a regional body that oversees Northern California, Nevada, Oregon and parts of Washington and Idaho. No new testimony will be given, but both Taber and attorneys representing Spahr will argue their cases.

"It's going to be in a few months," he said.

Spahr said she remains optimistic and hopes the synod will focus on testimony given by two lesbian couples she married.

"We need to help people understand who we are," Spahr said. "I'm hoping that all of that is reviewed so people can hear the stories of real people with faith."

Spahr, 63, a lesbian, was tried by the Presbytery of the Redwoods Judicial Council because a minister from Washington state objected to her marrying lesbian couples. Under a ruling by the national church's highest court in 2000, Presbyterian ministers such as Spahr were given authority to bless same-sex unions as long as they do not equate the relationships with marriage.

During the two-day trial, Spahr admitted performing the ceremonies because she felt treating homosexuals differently from heterosexuals was discrimination. Six of the seven council members sided with her on the importance of following her conscience.

Spahr faces sanctions that range from a simple rebuke to banishment from the church.
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