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An Overture to the 219th General Assembly of the Presbyterian

Church (USA)

On Directing the Board of Pensions to extend benefits to same-gender spouses and domestic

partners of all members of its Benefits Plans and Programs.

The Presbytery of Boston respectfully overtures the 219th General Assembly (2010) to issue

the following directive to the Board of Pensions and its Directors:

The 219th

General Assembly (2010) directs the Board of Pensions to modify its policies

regarding coverage of dependents to ensure that applications for enrollment will be accepted

and honored for same-gender spouses and domestic partners of church personnel who are or

will be covered by its Benefits Plans and Programs. Upon application by a member, the Board

of Pensions shall enroll as a dependent a same-gender spouse, a partner joined in civil union, or

a domestic partner and their dependent children depending upon the state law governing

the status of the couples relationship, and adopting policies and definitions that do not

penalize couples according to their state of residence.

Rationale

The 218th General Assembly voted overwhelmingly (516 to 151) to take the following action1

1. Renew and strengthen the long-standing Presbyterian Church (U.S.A.) commitment to equal protection

under the law for lesbian and gay persons and the 216th General Assembly (2004)s affirmation of the right

of same-gender persons to civil union and, thereby, to all the benefits, privileges, and responsibilities ofcivil union.

a. Recognize that married couples enjoy more than 1,000 protections, benefits, and responsibilities that are

denied to committed couples in same-gender partnerships and their children.

1p. 258 Minutes, Item of business 04-13, Friday, June 27, 2008

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b. Recognize that equality under the law does not discriminate against some committed couples but sees

that same-gender partners also have access to all protections, benefits, and responsibilities of civil union.

c. Request the Stated Clerk, the General Assembly Council, and other representatives of the PC(USA) to

urge state legislatures and the federal government to apply the principle of equal protection to same-gender

couples and their children.

In the same vote they determined to support congregations, sessions, and ministers of Word

and Sacrament who are seeking to extend pastoral care as well as outreach and evangelism to

same-gender couples and their nontraditional families who are more and more our neighbors

on our streets and our fellow members in our pews and our workers in the church office, we

might add. The benefits and privileges referred to surely must include medical insurance,

retirement benefits, and the like.

However, the Board of Pensions extends benefits only to spouse and dependent children while

adopting a narrow interpretation of this coverage of spouses of church personnel (clergy as well

as lay personnel):

Based on current law and Church policy, the Board would not accept an application to enroll a legally

married same sex spouse. The Benefits Plan is governed by Pennsylvania law which does not recognize as

valid a marriage other than one between a man and a woman. The Board of Pensions, as a corporation

related to the Presbyterian Church (U.S.A.), also strives to administer the Benefits Plan to comport with the

normative values of the Church, insofar as legally possible. Pennsylvania's definition of marriage is

consistent with the Constitution of the Presbyterian Church (U.S.A.).2

Since 1977 the Presbyterian Church (USA) and its predecessor denominations have called for

protection against social and economic discrimination based upon a persons sexual orientation

It is hypocritical for the Church to exempt ourselves from the principles of equal protection that

we are urging government agencies and businesses to adopt; Jesus Christ exhorted his disciples

with the metaphor of the speck and the log. (Matthew 7:3-5) Many government agencies and

private corporations already extend benefits to domestic partners of their employees. The

church cannot be less generous than these secular entities and claim to practice what we

preach. Members of the Benefits Plans and Programs, whether Ministers of Word and

Sacrament or lay employees, are entitled to equal pay for equal work, including coverage for

their dependents.

Because state laws vary widely for same-gender couples, and equity demands that persons not

be discriminated against by the PCUSA based on where they live, one legal definition of an

eligible partner will not be sufficient; the intent of this action is to provide coverage for long-

2

Statement provided by Board of Pensions representative

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term committed same-gender couples (and their children) who have availed themselves of the

form of recognition of their relationship available to them in their state.

Common documentation requirements allow for an employee to claim eligibility by providing

one or more of the following:

Partnership affidavit (as defined by the Board of Pensions) Municipal domestic partnership registration

State domestic partnership registration

State civil union license

State marriage license

Marriage license issued in other countries

The Board of Pensions, in its feasibility study submitted to the 217th General Assembly (Section

f, Conclusion, of the report), indicated that it is feasible to implement this directive with an

increase in the dues of approximately 1% of effective salary, and estimated that it would take

about 18 months to implement (Section g, Implementation Plan).3

3GA Minutes, 2006, Part I, pp. 25, 1013: Board of Pensions Final Response to 2004 Referral: Item 14-15.

Commissioners Resolution. A. Benefits Feasibility Study