2016 Wesleyan Discipline:H. General Board Executive Board Conflict of Laws

H. Conflict of Laws

1796. Generally. In the event of a conflict between provisions of The Discipline relating to church administration at the local, district or general level and applicable local laws, such provisions of The Discipline may be modified to the extent deemed necessary to comply with such local laws, by utilizing the approval process hereinafter specified; provided, however, that this clause shall not be construed to give the consent of The Wesleyan Church (or any component part or affiliated entity thereof) to the regulation of its affairs by any civil authority where such regulation would violate:

(1) Any of the Essentials of the Church (cf. 2016 Wesleyan Discipline:2500:3);

(2) The rights of the Church or its members to freedom of religion, freedom of association, freedom of speech or other civil rights;

(3) Separation of church and state, in the sense of excessive entanglement of the civil authority in the affairs of the Church; or

(4) The rights of the Church to define its religious doctrines and membership requirements, to prescribe its rituals, and otherwise to maintain its polity on matters such as ordination, sacraments, religious beliefs and practice, requirements for employment by the Church (or its component parts or affiliated entities) or any other similar matters deemed by the Church to be central to the identity, faith, doctrine, and practice of the Church.

1797. Approval Process.

(1) Local level. If the conflict which arises relates to church administration at the local level, no modification shall be effective until approved by the district board of administration and the General Board.

(2) District level. If the conflict which arises relates to church administration at the district level, no modification shall be effective until approved by the General Superintendent and the General Board.

(3) General level. If the conflict which arises relates to church administration at the general level, no modification shall be effective until approved by the General Superintendent and the General Board.

1798. Record of Permitted Changes. The Executive Director of Communication and Administration shall maintain a record of any change which has been approved under the foregoing procedure, and shall notify an affected level, district or general entity when the process of approving a change relevant to that entity has been approved.

1799. Report to General Conference. All modifications approved under the foregoing procedure shall be reported to the next subsequent General Conference. If a modification approved under the foregoing procedure is unacceptable to the General Conference, it may, by resolution, identify the respects in which the modification is unacceptable, and direct the General Board to formulate an alternative plan which is consistent with the instructions of the General Conference.