Thursday, June 4, 2015

Church Discipline, part 4: Appeals and Return

In comparing scriptural discipline to that found in the Church Handbook of Instructions vol. 1 (CHI-1), I will use the church's current procedure as the baseline, and note the red flags and scriptural conflicts along the way.  I will also note the location within CHI-1 where you may find any specific instructions I am referencing (e.g. 6.10.1).


APPEALS



You have 30 days to appeal (6.10.10).

-  There is no scriptural deadline for appealing a council’s decision.  This is a corporate practice.

Appeals of the actions of a bishop’s council go to the stake.  Appeals of the actions of a stake high council go to the First Presidency (6.10.10).

-  The high council was created as an appeals court (D&C 102:2), but with the dissolution of elders’ councils, it became the first level of discipline for Melchizedek priesthood holders facing potential excommunication.

APPEALS TO THE FIRST PRESIDENCY

The First Presidency has ultimate authority over all Church discipline.  Decisions of the First Presidency take precedence DESPITE ANY RULES OR PROCEDURES TO THE CONTRARY.”  (6.10.12, emphasis mine).

-  In spite of the First Presidency’s claims to be above the law, D&C 107:82-84 conflicts with this, noting explicitly that “none shall be exempted from the justice and the laws of God,” focusing its remarks specifically on the Presidency of the church.
"And inasmuch as a President of the High Priesthood shall transgress, he shall be had in remembrance before the common council of the church, who shall be assisted by twelve counselors of the High Priesthood; And their decision upon his head shall be an end of controversy concerning him. Thus, none shall be exempted from the justice and the laws of God, that all things may be done in order and in solemnity before him, according to truth and righteousness." -- D&C 107:82-84
A decision may be rendered by the First Presidency on an appeal (without mention of a rehearing) (6.10.10), determining to:

- Let the decisions stand.

- Modify the decision.

- Direct the original disciplinary council to hold a re-hearing.

-  Not only does this lack scriptural support, but it simply doesn’t make sense.  The First Presidency would be trying the case with no new evidence, so the same would go for the original disciplinary council.  With no change to the evidence, how could that same court be expected to be open to any variation from their original stance?  That is not a re-hearing or re-trial, it is nothing more than a replay.

- Redirect appeals to other councils to hear the case and weigh in on it with a recommendation.

-  Both the practice of delegating this responsibility, and the bodies themselves who are given the responsibility, lack any scriptural basis or authority to perform in this manner.

REINSTATING MEMBERSHIP


Scripture only requires repentance (Not as it is defined by the church), and a person may generally be readmitted.  The only scriptural exceptions to readmission are those who kill (D&C 42:18, 79) and those who are repeat offenders of adultery (D&C 42:25-26).  Therefore EVERYTHING else entailed in the following reinstatement process is entirely unscriptural, requiring minimal comment.

THE UNSCRIPTURAL CHI-1 MEMBERSHIP REINSTATEMENT PROCESS


A new disciplinary council will need to be called, with equal or higher authority to the condemning one (6.12.1).

The current presiding officer of the disciplinary council reviews the reports from the condemning one (6.12.2).

The presiding officer interviews the condemned to evaluate “repentance” (6.12.3).

Any sentenced punishment for civil crimes must be complete, unless First Presidency approval grants otherwise (6.12.4).

Current presiding officer must contact the condemning officer for insight (6.12.5).

Contact leadership over any victims, and consider if and how to inform victims of the new disciplinary council (6.12.6).

Notify the condemned about the new disciplinary council to be called (6.12.7).

The new disciplinary council (6.12.8) runs same as the prior, with these changes:
- Question the condemned about their repentance, commitment to “the church,” and strength of testimony.
- No drawing lots and appointing council speakers.

Verdict may continue or lift disciplinary measures.  

Oddly, a single note is made that the disfellowshipped cannot be placed on formal probation (6.10.8).

Complete and send report as before (6.12.9).

First Presidency approval is required to lift disfellowshipment or excommunication for a list of convictions, including “Apostasy”.  The approval can be obtained after the council has already convened. (6.12.10)

Written notice of the decision is given to the person (6.12.11).

Once approved, a person is rebaptized and reconfirmed a member of the church. (6.12.12).

- If unendowed, they go back to membership normalcy.

- If endowed, they have restrictions until they receive the “restoration of blessings” ordinance.  Restrictions include no wearing garments, no activity that requires holding priesthood and no entering the temple, even for proxy baptisms.

- Men who had priesthood but no endowment have priesthood conferred and are ordained to their prior office:  “Immediately after baptism and confirmation, these brethren have the priesthood conferred upon them and are ordained to the priesthood office they held at the time of excommunication.”

RESTORATION OF BLESSINGS ORDINANCE (6.15)


Endowed excommunicants who held priesthood have an ordinance performed called “the restoration of blessings” (which has no scriptural basis), and purports to restore the priesthood and blessings "lost" through the excommunication:  “Such persons are not ordained to priesthood offices or endowed again, since all priesthood and temple blessings held at the time of excommunication are restored through the ordinance [of restoration of blessings].”  This excepts the offices of bishop, seventy and patriarch (6.15).

- Requires First Presidency approval.
- Must wait at least one year after rebaptism.
- A general authority interviews the applicant to determine worthiness.
- The general authority performs the ordinance upon those they deem worthy.
- There is no public script or outline for this ordinance, beyond hands being laid upon the head.

The earliest appearance of the ordinance of the restoration of blessings I can find is from May 13, 1965, when it is only noted that this was performed in behalf of the deceased, excommunicated former apostle John W. Taylor.  I have not yet discovered its inception.