Judgment against Dutch Reformed Church raises tricky legal questions

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OPINION:Judgment against Dutch Reformed Church raises tricky legal questions | by Serjeant at the Bar

A court order that protects members of the LGBT community is obviously to be welcomed. But the recent judgment against the Dutch Reformed Church is not without its own incoherencies, writesIn 2015 the Dutch Reformed Church through its General Synod passed a resolution to the effect that ministers within the church could officiate at same sex civil unions and simultaneously dispensing with the requirement that ministers who were gay or lesbian had to be celibate to remain in their positions.

In this case, a full bench of the High Court placed considerable emphasis on the contrasting resolutions in 2015 and 2016 which, in its view, was indicative of serious difference of opinion within the church. In summary, the court found that Gaum and his fellow applicants as a minority had suffered severely as a consequence of the 2016 decision of the General Synod.

For starters, the issue was raised before the court as to whether the Promotion of Administrative Justice Act was applicable to this case. The court held that the impugned decision taken by the General Synod did not fall within this act because the decision could not be considered to be in the form of an exercise of public power.

 

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