Decision Number 1378

Decision

When reviewing an act of the General Conference for constitutionality, the Judicial Council applies a severability test, which requires that we (1) identify the unconstitutional provisions of the legislation in question, (2) declare them null and void, and (3) determine if they can be severed from the remainder. Unless it is evident that the General Conference would not have enacted those provisions that are within its legislative powers without those that are not, the invalid parts can be separated if what is left is not inextricably linked and can function independently.

            In applying this test to the amended Traditional Plan, the Judicial Council holds that the amended Traditional Plan consists of a series of petitions that were separately numbered, dealing with completely different paragraphs of The Book of Discipline of the United Methodist Church 2016. One petition does not affect the other.  These petitions are not so closely related that a change in one affects the others. The petitions held unconstitutional have no effect on the petitions declared constitutional. The constitutional petitions are not dependent on the unconstitutional petitions and can survive without the unconstitutional petitions. 

Therefore, the Judicial Council affirms its rulings in JCDs 1366 and 1377 and holds that Petitions 90033, 90034, 90035, 90037, 90038, 90039, and 90040 found unconstitutional are null and void. Further, we hold that the following petitions found constitutional:

Petition 90032

Petition 90036

Petition 90042

Petition 90043

Petition 90044

Petition 90045, excluding the second sentence:

In cases where the respondent acknowledges action(s) that are a clear violation of the provisions of the Discipline, a just resolution shall include, but not be limited to, a commitment not to repeat the action(s) that were a violation.

Petition 90046; and,

Petition 90047

can be upheld independently.

April 25, 2019