The Protocol: How We Got Here and Where We are Going

 First, take a deep breath.

Emotions are high. Memories are fragile. So let's take a step back.

When progressive and centrist negotiators stepped away from the Protocol last week the response from traditionalist leaders was as swift as it was predictable. I want to talk about that, but first it's important to go all the way back to December 17, 2019. That was the day 16 people signed on to the original protocol language.

I've likened the Protocol to the Declaration of Independence and the Constitution in U.S. politics. The Declaration came in 1776. The Constitution came eleven years later. The Declaration stated important agreed-upon principles but never had the force of law. The Constitution does have the force of law. Both are foundational. Those of us in the U.S. deeply respect, cite, and hope to abide by both. If the country had scripture, these would be our "sacred texts."

The Protocol is actually two documents. The first, equivalent to the Declaration of Independence, is the agreement signed in 2019. The second, equivalent to the Constitution, is the proposed legislation  These documents are not identical even though we use the word Protocol to mean both. The differences are crucial.

The Agreement

The Protocol agreement of December 17, 2019 has seven articles. Briefly:

Article 1 states that the signatories agree with the protocol, will work together on legislation to enact the provisions, and will work to garner further support from their various organizations and caucuses.

Article 2 defines four terms, all of which you likely are familiar with.

Article 3 names the timeline and process for implementation. Remembering that we anticipated a 2020 General Conference, this article allows for the formation of a new denomination by May 15, 2021, central conference disaffiliations by December 31, 2021, Annual Conference disaffiliations by July 1, 2021, and local church disaffiliations (if they choose differently from their annual conference) by December 31, 2024. 

Article 4 states the financial terms: disaffiliating local churches get to keep their property, conferences retain any of their property, $25 million is paid to what is now the GMC, $2 million is paid to a departing progressive group (at this point, such a group does not exist), and $39 million is designated for "communities historically marginalized by the sin of racism." It also notes support for legislation regarding pensions and the possibility of ecumenical relations between the UMC and now GMC.

Article 5 give us the much-discussed abeyance and an agreement to delay closing churches until after General Conference.

Article 6 names six steps in a process to enable the transition from where we are now through the end of the then anticipated 2020 General Conference and first session of a post-separation United Methodist Church.

Article 7 is simply the signatures.

All signers agreed to all of these terms.

The Legislation

However, only articles 3 and 4 made it into legislation for consideration. There are good reasons for this. Legislation for articles 1, 2 and 7 are obviously unnecessary. Article 5 posits two steps that happen before General Conference, so legislation can't enable those (by the time General Conference happens, these steps will already be complete). Article 6 names the process enabling the agreement, which is inherently not itself legislation.

If the legislation, once enacted, is like the Constitution then you can see that there is a significant difference between the principles guiding our work (Articles 1-7) and what is actually enforceable (Articles 3-4)

But remember the commitment of the signers is to the full agreement - all 7 articles

Why This Matters

Focusing in on articles 3-6, we can see why our conflict is still so heated.

Article 3 allows for disaffiliations. The primary beneficiaries are those wanting to leave - traditionalists. This is written in legislation to be considered by General Conference and, until last week, nobody objected to it.

Article 4 allows for payment of fees. There is no group to receive the $2 million, the $39 million is divided roughly proportionally, and the $25 million is given to the GMC. This is all written in legislation and, on the whole, significantly benefits the traditionalists. Again, there was no resistance to this article prior to last week.

Article 5 is the key pre-General Conference provision. It prevents churches from being closed and the abeyance. Remember that this is not legislative. There are currently charges against multiple clergy in conferences where the bishop has chosen not to follow this guidance. It has also been broken multiple times. First, by those who have brought and pressed charges against clergy. Second, by the entire WCA on May 7th when they changed their mission to include upholding the Book of Discipline, Third, last Thursday when the Florida Annual Conference refused to commission candidates for ministry because they allegedly were "self-avowed homosexuals" (I'm using our official language here and the word allegedly indicates I don't know personally, nor do I know if the Florida clergy know personally is this label applies). These all took place prior to the announcement of progressive and centrist signers last week except for the third, which was organized prior to the announcement. The primary beneficiaries of this are progressives and it has been violated.

Article 6 includes four steps to take prior to General Conference to ensure that legislation can be proposed and is constitutional. This benefits everyone. Then there are two final steps: calling for the first post-separation UMC general conference to "consider matters pertaining to the Regional Conference plan" and calling the same conference to "consider legislation related to changes ...including the repeal of [the] Traditional Plan legislation and all other portions related to LGBTQ persons." This obviously benefits progressives. The article itself is non-legislative. And traditionalist leaders have promised not to abide by it. Instead, they have promised to continue voting at General Conference, even after the Protocol has passed. 

What Are You Supporting?

In response to the progressive and centrist leadership abandoning the Protocol, traditionalist leadership has maintained that they have always supported it and it is still viable in 2024. That's only half true. It is true of the Protocol legislation - legislation, as you see above, that primarily has their interests in mind. It is not true of the non-legislative components - which are still part of the agreement - that primarily benefit progressives and centrists.

For me, this is the issue. As a progressive (on human sexuality and pretty darn traditional on just about everything else), the initial agreement - the one that does not have the force of legislation behind it - is what matters. If we need to agree to the legislative items in order to get the full agreement so be it. I would still sign on to that today. But that ship has already sailed. WCA and GMC national and global leadership has already violated those parts of the agreement repeatedly. 

If you are a traditionalist, I plead that you understand this. Our non-support of the Protocol legislation (at least my non-support) is not because we want anyone held hostage. It is not a denial of our irreparable rift. It is not because of any kind of personal or corporate animosity. It is because, as evidenced again in Florida last week and most importantly in the WCA's global gathering last month, your highest leadership does not support the portion of the Protocol that is non-legislative. 

What's Next?

With the abandonment of the non-legislative portions of the Protocol by the WCA/GMC and the legislative portions by the progressives/centrists, one possible path forward has now been closed. There is another. It has already started.

- Conferences and bishops must not put unnecessary barriers in the way of churches and pastors wanting to depart. The minimum fees in paragraph 2553 should be the only fees required. That would truly be a sign of good faith.

- Those churches and pastors that feel compelled to leave must can do so as soon as possible, following the existing language. Importantly, if you plan to disaffiliate and become an independent church you still would need to pay the terms of 2553 (see petition 12, sections g and i) so the cost to leave now will be no different than in 2024 - actually more because you would need to pay apportionments between now and then anyway. Departing sooner is truly what is best for you so that you can get on with your mission as you see fit.

Please, let's work together to end this nightmare for the sake of the Gospel.