By Jacqueline Dennis
Lawyers representing the Stephen Trowen Nagbe United Methodist Church have filed a 14-count petition for a Declaratory Judgment before George W. Smith of the Sixth Judicial Circuit, Civil Law Court at the Temple of Justice in Monrovia.
The petition filed against the United Methodist Church, Liberia Annual Conference, by and through its Board of Trustees, represented by its Chairperson, Father Henry Brunsun, and Directress, Mother Eliza Kronyahn, its Resident Bishop Samuel Jerome Quire Jr., is seeking the reopening of their church edifice for worship, among other things.
The petitioner requests the court to grant any relief other may deem just, legal, and equitable in this matter. The petitioner claims that the actions of the United Methodist Church, Liberia, constitute coercion intended to compel conformity to an unlawful and morally objectionable standard, which violates the Domestic Relations Law, Penal Law, and the public policy of the Republic of Liberia.
The petitioner states that the Domestic Relations Law of Liberia, Chapter 2, Subchapter 2.1, explicitly defines marriage as “a civil status, personal relationship arising out of a contract between a male and a female to mutually assume marital rights, duties, and obligations.”
The ST Nagbe UMC further argues that its rejection of this amended definition, which it claims is inconsistent with the laws of Liberia, has led to the United Methodist Church, Liberia, unlawfully closing and locking its church edifice.
The petitioner added that the action has deprived them of their property, restricted access to its facilities, and prohibited the conduct of worship services and meetings
The Stephen Trowen Nagbe United Methodist Church claimed that the Legislature, having defined marriage in 1973 exclusively as a civil union between a male and a female, subsequently reinforced that definition by enacting the Penal Law in 1978, with Executive approval, to criminalize deviate sexual intercourse, including homosexual practices.
The petitioner said the United Methodist church, Liberia, has adopted and seeks to enforce the revised Book of Discipline (2020/2024), which redefines marriage in Part V-Social Principles, paragraph 161 II (d), to include: “A sacred, lifelong covenant that brings two adults of faith, man and woman into union with one another. That Part V Social Principles, paragraph 161 II (d), of the Book of Discipline (2020/2024), being inconsistent with the Domestic Relations Law and Penal Law of Liberia, is null, void, and of no legal effect within the Republic.”
Petitioner submits that under the laws in Liberia’s jurisprudence, statutes enacted by the Legislature, such as the Domestic Relations Law and Penal Law, are superior to and override administrative rules, denominational policies, or private codes, including the Book of Discipline. Where a conflict exists between a statute and such subordinate instruments, the statute prevails as the controlling law.”
Petitioner further said that under Article 2 of the Constitution of the Republic of Liberia, “The Constitution is the supreme and fundamental law, and any laws, treaties, statutes, decrees, customs, or regulations found inconsistent therewith shall be void to the extent of the inconsistency.”
By necessary implication, statutes enacted by the Legislature under the Constitution stand superior to private contractual or ecclesiastical rules, including the Book of Discipline.
Petitioner avers that the Domestic Relations Law and Penal Law represent clear statements of Liberian public policy on marriage and sexual conduct. Any private agreement or organizational policy inconsistent with these statutes is void as against public policy.
The Petitioner asserts that the power to define civil status, including marriage, is vested exclusively in the Legislature. No religious denomination, administrative body, or private association has lawful authority to alter such statutory definitions in a manner that contradicts national law.
Petitioner noted that under Article 14 of the Constitution, all persons shall be entitled to freedom of thought and religion, including the right to worship in places of their choice.
That Part V Social Principles, paragraph 161 II (d), of the Book of Discipline (2020/2024), being inconsistent with the Domestic Relations Law and Penal Law of Liberia, is null, void, and of no legal effect within the Republic.
