Disciplinary council

Last updated

In The Church of Jesus Christ of Latter-day Saints (LDS Church), a disciplinary council is an ecclesiastical trial during which a member of the church is tried for alleged violations of church standards. If a church member is found guilty of an offense by a disciplinary council, he or she may be excommunicated, or their church membership may be otherwise restricted. Disciplinary councils are also referred to unofficially as church courts.

Contents

Purposes

According to official church manuals, the purposes of its disciplinary councils are to: [1]

  1. save the souls of the transgressors;
  2. protect the innocent; and
  3. safeguard the purity, integrity, and good name of the Church.

Structure and procedures

Ward disciplinary council

Most disciplinary councils are convened by the bishop of a local ward (congregation). In such an instance, the council is composed of the bishop and his two counselors. The ward clerk will also be present to take notes of the proceedings. After hearing all of the evidence in the case, the bishop and his counselors are encouraged to make a joint, unanimous decision on the outcome. However, the bishop has the final say and can theoretically make a decision over the protest of either or both of his counselors. [2] [3]

Stake disciplinary council

A stake disciplinary council is convened by the stake president in instances where it appears that a holder of the Melchizedek priesthood has committed an offense which may result in excommunication, or when the subject is a member of a bishop's immediate family. In such instances, the council is composed of the stake president, his two counselors, and the twelve members of the stake high council. After hearing the evidence in the case and the submissions of the high councilors—one half of whom speak on behalf of the accused—the stake president and his counselors are encouraged to make a joint, unanimous decision on the outcome. However, the stake president has the final say and can theoretically make a decision over the protest of either or both of his counselors. [2] [3]

Mission disciplinary council

A mission president can convene a disciplinary council for a full-time missionary within his mission or a member within a district of his mission. He can also authorize branch or district presidents in a district to convene disciplinary councils. [3]

Common Council of the Church

If the need arises to convene a disciplinary council for the church's president or one of his counselors in the First Presidency, the Common Council of the Church must be convened by the church's presiding bishop. [4] The Common Council is made up of the presiding bishop and his counselors and twelve other high priests selected by the presiding bishop. [5] The Common Council has only been convened twice: In August 1838, after the return of Zion's Camp, the Council formally convened for the first time to consider charges made by Sylvester Smith against Joseph Smith, who was eventually cleared. In September 1844, Presiding Bishop Newel K. Whitney convened a Common Council which excommunicated Sidney Rigdon, who was the senior surviving member of the First Presidency after the death of Joseph Smith.

Evidence

The council begins by the presiding officer stating the reported misconduct and asking the accused person to admit or deny it. If the person denies the misconduct, the presiding officer or a designee presents the evidence of the misconduct. Evidence may be presented in the form of written or oral statements by witnesses or other documents. An accused person's previous confession cannot be used as evidence in a disciplinary council without the member's consent. [2] The accused member is given a chance to question the witnesses against him or her. After the evidence against the accused is presented, the accused is permitted to present evidence in response. The accused can comment on the evidence and make any other statement he or she wants to make. All witnesses and the accused may also be questioned by any member of the disciplinary council. No witness is placed under oath. Since the disciplinary council is an ecclesiastical court, rules of evidence that govern domestic courts do not apply. [2] The church has instructed leaders that "procedures in a disciplinary council must be fair and considerate of the feelings of all who participate." [6]

If the accused person admits to the conduct in question, no evidence is presented before the council.

Decision

Once a decision has been reached by the disciplinary council, the decision is announced to the accused person and the presiding officer explains the conditions that are imposed by the decision. The accused is also informed of his or her right to appeal the decision. The decision of the disciplinary council is not announced in a public church meeting unless the case involves (1) the preaching of false doctrine, (2) a transgressor who is a predator, or (3) "other flagrant transgressions", such as participation in plural marriage, "cultist teachings to attract a following", or ridicule of church leaders. [7]

Appeal

An accused member may appeal the decision of the disciplinary council within 30 days of the decision being made. Appeals of a ward disciplinary council are made to the stake disciplinary council (i.e. the stake president, his two counselors, and the high council). An appeal of the decision of a stake or mission disciplinary council is to the church's First Presidency. An appeal of a decision of a disciplinary council convened by a branch president or a district president in a mission is to the mission president. The body hearing the appeal may vary the decision of the council in any way or let the original decision stand. [8]

Records

The proceedings of the disciplinary council are summarized on a Report of Church Disciplinary Action form. [9] This form is sent to the office of the First Presidency where the information it contains is permanently stored.[ citation needed ] It is also reviewed by the body hearing the appeal if an appeal is made.

The membership record of a member that is disfellowshipped or placed on formal probation is updated to note the status of the member. If the member changes congregations while under church discipline, the membership record will inform the new ward or branch leadership of the disciplinary action. After church discipline has ended the membership record will again be updated to remove notice of the disciplinary action. The membership records provided to ward and branch leaders normally do not contain information regarding past discipline; however, a membership record is annotated when a person has been disciplined for incest, sexual or serious physical abuse of a child, plural marriage, an elective transsexual operation, repeated homosexual activities by adults, embezzlement of church funds or property, or other conduct that, in the church's view, "threatens the well being of other persons or of the Church." [10] Annotations may be removed from a membership record if a stake president makes a request to do so and the First Presidency approves the removal. [11]

Stake presidents are permitted to request records of past discipline of members of their stake from the office of the First Presidency. Bishops may request records of past discipline of members of their ward.

In the case of excommunication, the excommunicated person is removed from church records. [12]

Qualifying offences

When a disciplinary council is mandatory

The LDS Church has instructed leaders that a disciplinary council is mandatory when evidence suggests that a member of the church may have committed any of the following offences against the standards of the church:

  1. Murder: the "deliberate and unjustified taking of human life". The church does not classify killings performed by police or soldiers in the line of duty as being murder. It also does not classify abortion as murder. [13] [14]
  2. Incest: defined as "sexual relations" between a parent (or grandparent) and a natural, adopted, or foster child or a stepchild. It also includes sexual relations between siblings. [13] [14]
  3. Apostasy: refers to members who "repeatedly act in clear, open, and deliberate public opposition to the Church or its leaders" and also includes those who repeatedly present information as church doctrine that is not church doctrine and those who repeatedly follow the teachings of apostate sects or those who formally join another church. Merely failing to attend church meetings does not qualify as apostasy. [13] [14] In November 2015, the church clarified that its members who are in a same-sex marriage are in apostasy, [15] but reversed on this in April 2019 [16]
  4. Serious transgression while holding a prominent church position : "serious transgression" is defined as "a deliberate and major offense against morality" and includes "attempted murder, rape, sexual abuse, spouse abuse, intentional serious physical injury of others, adultery, fornication, homosexual relations (especially sexual cohabitation), [17] deliberate abandonment of family responsibilities, robbery, burglary, theft, embezzlement, sale of illicit drugs, fraud, perjury, and false swearing." [13] [14] "Prominent church position" includes the positions of area seventy, temple president, mission president, stake president, patriarch, and bishop. [13]
  5. Transgressor who is a predator. [13] [14]
  6. Pattern of serious transgressions [13] (as defined above). [14]
  7. Serious transgression (as defined above) that is widely known. [13] [14]

When a disciplinary council may be appropriate

The LDS Church has instructed leaders that a disciplinary council may be appropriate when evidence suggests that a member may have committed any of the following offenses against the standards of the church. Whether or not a disciplinary council will be held will depend on the facts of the situation and is generally left to the discretion of the bishop or stake president.

  1. Serious transgression [18] (as defined in the section above)
  2. Abortion: a disciplinary council may be held for any member who submits to, performs, encourages, pays for, or otherwise arranges an abortion. However, councils are not held for persons involved in an abortion if the pregnancy resulted from rape or forcible incest, if the life of the mother is in jeopardy, or if it is shown that the fetus has severe defects which will not allow it to survive the birth. [18]
  3. Transsexual operation [18]

When a disciplinary council is not appropriate

The LDS Church has instructed leaders that disciplinary councils are not appropriately held to resolve or deal with the following circumstances:

  1. Failure to comply with some church standards, such as the Word of Wisdom, payment of tithing, attendance at church meetings, or fulfilling church callings or assignments [19]
  2. Business failure or nonpayment of debts [19]
  3. Civil disputes between two or more members [19]
  4. In the case of a member voluntarily confessing a serious transgression (as defined above) that "was committed long ago and [the members'] faithfulness and service in the intervening years have demonstrated full reformation and repentance". [19]

Possible outcomes

A disciplinary council may reach one of four possible outcomes: [20]

  1. No action. This is the result when the disciplinary council determines that no offense has taken place. However, even if it is determined that an offense did occur, the council may impose no formal discipline and instead give "cautionary council" or recommend consultation with the member's bishop for caution or counsel. [14]
  2. Formal probation. This action temporarily restricts or suspends a member's privileges of church membership in the way specified by the council. Possible actions could include "suspending the right to partake of the sacrament, hold a church calling, exercise the priesthood, or enter the temple." [21] [14]
  3. Disfellowshipment. A person who is disfellowshipped is "still a member of the Church but is no longer in good standing." A disfellowshipped member may not hold a temple recommend, serve in a church calling, or exercise the priesthood. A disfellowshipped member may attend public meetings of the church, but may not give a sermon, teach a lesson, offer a public prayer, partake of the sacrament, or vote in sustaining church officers. However, disfellowshipped members may pay tithing and fast offerings and continue to wear the temple garment. If the disfellowshipped member expresses repentance and abides by the conditions imposed upon him or her, disfellowshipment usually lasts approximately one year. Only a reconvened disciplinary council can remove the condition of disfellowshipment. Disfellowshipment is considered a relatively severe action which is adequate for most serious transgressions. [22] As of 2020, the General Handbook: Serving in The Church of Jesus Christ of Latter-day Saints uses the term "formal membership restrictions" instead of disfellowshipment. [23]
  4. Excommunication. An individual who is excommunicated is no longer a member of the LDS Church. All of the restrictions of the disfellowshipped member also apply to excommunicated individuals. In addition, an excommunicated person is not permitted to pay tithing or fast offerings or wear the temple garment. Excommunication is the most serious sanction a disciplinary council can impose and is generally reserved for only the most severe offenses. Excommunication is mandatory for murder and is almost always required for incest. Excommunication may also be appropriate for members who have been disfellowshipped and have not repented. Excommunication almost always lasts at least one year; only a reconvened disciplinary council may approve an excommunicated member for readmittance to the church through baptism. [12] According to the church's 2020 General Handbook: Serving in The Church of Jesus Christ of Latter-day Saints, the term "withdrawal of church membership" is used in lieu of excommunication. [23]

See also

Notes

  1. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.1.
  2. 1 2 3 4 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.4.
  3. 1 2 3 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.1.
  4. ↑ Doctrine and Covenants 107:73–76.
  5. ↑ These twelve could be the members of the Quorum of the Twelve, but there is no requirement that the apostles be selected.
  6. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.
  7. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.9.
  8. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.10.
  9. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.11.
  10. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.13.3.
  11. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.13.4.
  12. 1 2 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.9.3.
  13. 1 2 3 4 5 6 7 8 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.7.3.
  14. 1 2 3 4 5 6 7 8 9 Schladebeck, Jessica. "How to get excommunicated from the Mormon church". nydailynews.com. Retrieved 2020-04-11.
  15. ↑ Cimaron Neugebauer, "LDS Church adds same-sex marriage to definition of apostasy", kutv.com, 6 November 2015.
  16. ↑ Dias, Elizabeth. "Mormon Church to Allow Children of L.G.B.T. Parents to Be Baptized". nytimes.com. New York Times. Retrieved 9 May 2019.
  17. ↑ The phrase in parentheses was added in November 2015: Daniel Woodruff, "LDS church to exclude children of same-sex couples from membership", kutv.com, 6 November 2015.
  18. 1 2 3 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.7.2.
  19. 1 2 3 4 LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.7.1.
  20. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.10.5.
  21. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.9.1.
  22. ↑ LDS Church (2010). Handbook 1: Stake Presidents and Bishops (Salt Lake City, Utah: LDS Church) §6.9.2.
  23. 1 2 "LDS Church publishes new handbook with changes to discipline, transgender policy". The Salt Lake Tribune. Retrieved 2020-04-11.

Related Research Articles

Excommunication Censure used to deprive, suspend, or limit membership in a religious community

Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose of the institutional act is to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular, those of being in communion with other members of the congregation, and of receiving the sacraments.

The September Six were six members of The Church of Jesus Christ of Latter-day Saints who were excommunicated or disfellowshipped by the church in September 1993, allegedly for publishing scholarly work against or criticizing church doctrine or leadership. The term "September Six" was coined by The Salt Lake Tribune and was used in the media and subsequent discussion. The church's action was referred to by some as evidence of an anti-intellectual posture on the part of church leadership.

In The Church of Jesus Christ of Latter-day Saints, a general authority is a member of the highest levels of leadership in the church who has administrative and ecclesiastical authority over the church. A general authority's jurisdiction is church-wide, in contrast to the responsibilities of a local authority or an area authority, which relate to a particular area, unit, or department of the church. As a group, the general authorities are often referred to as "the Brethren". As of October 2017, there are 109 general authorities.

John W. Taylor (Mormon) Mormon apostle

John Whitaker Taylor was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints and was the son of John Taylor, the third president of the church. While he was an apostle, Taylor was excommunicated from the LDS Church for opposing the church's abandonment of plural marriage. He was subsequently posthumously re-baptized in 1965.

Richard R. Lyman

Richard Roswell Lyman was an American engineer and religious leader who was an apostle in The Church of Jesus Christ of Latter-day Saints from 1918 to 1943.

In the Latter Day Saint movement, patriarch is an office of the priesthood. It is considered to be either an office of the patriarchal priesthood or the Melchizedek priesthood.

Bishop is the highest priesthood office of the Aaronic priesthood in the Latter Day Saint movement. It is almost always held by one who already holds the Melchizedek priesthood office of high priest. The Latter Day Saint concept of the office differs significantly from the role of bishops in other Christian denominations, being in some respects more analogous to a pastor or parish priest. Each bishop serves with two counselors, which together form a bishopric.

Albert Carrington Apostle of The Church of Jesus Christ of Latter-day Saints

Albert Carrington was an apostle and member of the Quorum of the Twelve Apostles and First Presidency of The Church of Jesus Christ of Latter-day Saints.

In most denominations of the Latter Day Saint movement, a high priest is an office of the priesthood within the Melchizedek priesthood. High priests are typically more experienced leaders within the priesthood. The term derives in part from the Epistle to the Hebrews, which describes Jesus as "a high priest after the order of Melchizedek". Movement founder Joseph Smith ordained the first high priests on June 3, 1831.

Grant Hart Palmer was an American educator best known for his controversial work, An Insider's View of Mormon Origins, which ostensibly led to his disfellowshipment in 2004 from The Church of Jesus Christ of Latter-day Saints.

Sexuality has a prominent role within the theology of The Church of Jesus Christ of Latter-day Saints, which teaches that gender is defined in the premortal existence, and that part of the purpose of mortal life is for men and women to be sealed together, forming bonds that allow them to progress eternally together in the afterlife. It also teaches that sexual relations within the framework of opposite-sex marriage is healthy, necessary, and ordained of God. In contrast with some orthodox Christian movements, sexuality in the Church's theology is neither a product of original sin nor a "necessary evil". In accordance with the law of chastity, LDS Church doctrine bars sexual activity outside of heterosexual marriage.

Homosexuality and The Church of Jesus Christ of Latter-day Saints gay and lesbian sexuality and The Church of Jesus Christ and Latter-Day Saints

The law of chastity of The Church of Jesus Christ of Latter-day Saints states that "sexual relations are proper only between a man and a woman who are legally and lawfully wedded as husband and wife." In principle, this commandment forbids all same-sex sexual behavior. Homosexuality-related violations of the law of chastity may result in church discipline.

The Presiding Bishop of The Church of Jesus Christ of Latter-day Saints is a priesthood calling with church-wide authority. The Presiding Bishop is the highest leadership position within the church's Aaronic priesthood.

In the Latter Day Saint movement, the Common Council of the Church is a body of the church that has the power to discipline or remove the President of the Church or one of his counselors in the First Presidency due to misbehavior. Its existence and status are uncertain and controversial, and the body has only been formally convened twice, once to try Joseph Smith in 1834 and once in 1844 when Sidney Rigdon was excommunicated in absentia. The Common Council of the Church is sometimes confused with the Council of the Church.

<i>Handbook</i> (LDS Church) book of instructions from The Church of Jesus Christ of Latter-day Saints

The Handbook is a two-volume book of instructions and policies for leaders of The Church of Jesus Christ of Latter-day Saints. The books are prepared by the church's First Presidency and Quorum of the Twelve Apostles. Along with the church's standard works, the Handbook stands as the preeminent policy and practice guide for the leaders of the LDS Church. The LDS Church distributes copies of the handbook only to individuals who fill certain leadership callings within the church hierarchy, but one of the two volumes can be accessed on the church's official website.

Setting apart is a ritual or priesthood action in The Church of Jesus Christ of Latter-day Saints where a person is formally blessed to carry out a specific calling or responsibility in the church.

Charles William Kingston was a member of the Latter Day Church of Christ and the Davis County Cooperative Society.

James Joseph Hamula is an American attorney and former general authority of The Church of Jesus Christ of Latter-day Saints.

Ordain Women is a Mormon dissident/Mormon feminist organization that supports the ordination of women to the priesthood in The Church of Jesus Christ of Latter-day Saints. It was founded on March 17, 2013, by Kate Kelly, a human rights attorney from Washington, D.C., with the website launch containing 19 profiles of individuals calling for the ordination of Mormon women. As of May 17, 2014, the website featured more than 400 profiles.

Kate Kelly (feminist) American feminist

Kathleen Marie Kelly, known as Kate Kelly, is an American feminist, human rights lawyer, and Mormon feminist who co-founded Ordain Women, an organization advocating for the ordination of women to the priesthood in The Church of Jesus Christ of Latter-day Saints. Kelly was excommunicated from the LDS Church in 2014.

References

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.