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by Jim Coggins
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| The emblem of the PEI Human Rights Commission |
THE P.E.I. Human Rights Commission awarded a fired Presbyterian Church minister $600,000 last week, ruling that she was fired due to gender discrimination.
The tribunal also ruled that the denomination restore Gael Matheson's license to minister, give her a letter of apology and a letter of recommendation, and restore her to her ministry position. Since it may be difficult to find a congregation that would vote to hire Matheson, the tribunal suggested that Matheson could be given a position with the denomination.
The denomination has given notice that it will appeal the decision to the courts. However, lawyers for both sides told CC.com that it is possible a settlement will be negotiated.
Matheson was assigned by the denomination to the four-congregation Murray Harbour North charge in 1983. It was her first ministry position after graduating from ministerial training. After a two-year probationary period, she was reappointed, receiving 78.4 percent support in a congregational vote.
Problems
Problems emerged soon afterward -- some of it rooted in opposition to women ministers.
The denomination had approved ordaining women in 1966. It formulated a policy in 1982 which allowed churches and clergy to have "liberty of conscience" to disagree with this decision, but this was rescinded in 1990. Matheson's name was not added to church signs at two of the churches until 1994.
In 1986, Matheson began receiving anonymous letters which cited Bible verses against women clergy, complained about sermon lengths and service times -- and accused Matheson of having a lesbian affair, and of abusing members of the girls' choir. Matheson hired a handwriting expert to trace the letters to a female member of the congregation, but was forced to apologize when she could not prove the woman had written the letters.
About the same time, Elmer MacPherson, chair of the manse committee, began stalking Matheson. MacPherson was removed from the church in 1988 and was convicted of stalking in 1991.
The P.E.I. presbytery appointed a committee to investigate the problems; they cleared Matheson of the lesbianism and child abuse charges, but this did not resolve the other problems.
Presbytery appointed further committees in the 1990s to investigate ongoing tensions in the church. They finally concluded that the relationship between Matheson and the church could not be restored, and removed Matheson from the charge in 1996. She was asked to undergo a personal and professional assessment before being given another charge. She refused. Since that time, she has had only sporadic employment.
Human rights
In 1998, Matheson took the church to the P.E.I. Human Rights Commission. Due to procedural disputes, the Commission did not begin hearing the case until 2003. On August 22, 2006, a human rights tribunal ruled that Matheson had been the victim of sexual discrimination in four areas.
First, it ruled that the anonymous letters constituted sexual harassment and that the church and presbytery had not adequately defended Matheson against this harassment. Second, it ruled that Elmer MacPherson's stalking was sexual harassment and that the church and presbytery had not acted quickly enough or done enough to protect Matheson from this harassment.
Third, it ruled that the congregation and presbytery had discriminated against Matheson "by failing to provide a workplace that was not hostile to female clergy." Fourth, it ruled that the church and presbytery had discriminated against Matheson by firing her, because the ongoing tensions in the church were due to the sexual harassment.
After further hearings, on May 31, 2007, the tribunal awarded Matheson $50,000 in damages for the sexual harassment, over $425,000 in lost wages plus benefits (10 percent of her expected salary was deducted for the little income she did earn), and over $102,000 in legal fees.
Alex Godfrey, lawyer for the Presbyterian Church, told CC.com the church's position is that Matheson was dismissed over issues of competence and that the denomination "did everything possible" to resolve the problems. A woman on one of the presbytery's investigative committees had testified that she found Matheson "self-serving, vengeful, difficult, and disruptive." However, the tribunal concluded that the problems in Matheson's later ministry were due to the harassment and discrimination she had encountered earlier.
Women in ministry
Peter Ghiz, Matheson's lawyer, told CC.com that "the issue is not about whether churches are required to hire women" but that if a church decides to ordain them, then secular laws apply and they must receive fair treatment.
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Regarding the theological issue of women in church leadership, the tribunal said "individuals can believe what they want, however, the employer has a duty to provide a workplace that is not hostile to female clergy."
Ghiz said this means people have "freedom of belief but not freedom of action." They don't have to believe that women should be in ordained ministry, but they have no right to "sabotage their ministry." Further, the denomination has a responsibility "to take positive steps to root out" hostility.
Don Hutchison, legal counsel for the Evangelical Fellowship of Canada, told CC.com the decision "sends a clear message that when a denomination ordains female clergy, it has a responsibility to ensure that female clergy are posted to a receptive environment."
This means, he said, that either a woman should not be sent to a congregation where there is serious opposition or the denomination should take steps to "educate" the congregation.
"Someone respected by the congregation could be sent to offer Bible studies explaining the position of the denomination on women in leadership," he continued. If people still don't agree, the denomination should "challenge those people to be tolerant and loving."
The dissenters can appeal the appointment to the denomination or move to another congregation. What they can't do, said Hutchison, is "resort to behaviour -- such as sending anonymous letters and stalking -- that is beyond inconsiderate to another human being."
Hutchinson said the case also teaches that denominations will be required to adhere to their own denominational guidelines; the applicability of this case to other denominations will depend on the policies of the denomination.
Asked whether the case is relevant to pastor-church relations generally, Ghiz suggested male clergy could not sue for sexual discrimination because no one questions that men can be ministers.
Hutchinson stated that in a general sense, the case should "encourage people to treat one another with respect." Thus, the case is "a gentle reminder that the Lord laid down a pattern for dispute resolution and the apostle Paul encouraged us to use it rather than resort to the court system. People in the church should be able to work things out."
He further stated that, in very difficult situations, "when we reach our limits, we should not hesitate to ask for help" -- by praying about it and by seeking assistance from "someone with more experience and expertise."
He noted that "there are trained Christian mediators and peacemakers." The church would have to pay these mediators, but "the alternative is an adversarial rather than a mediation process -- and you don't usually walk away from an adversarial process as friends."
Related stories:
Sexually harassed Presbyterian minister on P.E.I. wins major settlement
The Presbyterian Church on Prince Edward Island has been ordered to pay more than $600,000 to a female minister who was hounded from her Island pulpit in a sexual discrimination case that highlights difficulties faced by some women in the clergy. The P.E.I. Human Rights Commission ordered the Island Presbytery on Friday to reinstate the ministerial licence of Rev. Gael Matheson, 60, who was relieved of her church duties in 1996.
Canadian Press, June 1
Reverend in human rights case gets $500K and licence back
Rev. Gael Matheson will receive close to half million dollars in compensation and get her licence to preach back from the Presbyterian Church, a P.E.I. human rights panel announced Friday. " It was like taking a large load off her shoulders," said Peter Ghiz, Matheson's lawyer. "She was glad to be back amongst us. She was lively, she was cheerful."
CBC News, June 1
Pay female minister $600,000 for harassment, rights commission tells P.E.I. church
A Presbyterian minister who was subjected to hate mail, stalking and a whisper campaign by members of her congregation has been awarded more than $600,000 in compensation. The Prince Edward Island Human Rights Commission also ordered the Presbyterian Church to reinstate Gael Matheson as a minister and apologize to her for not properly dealing with the harassment to which she was subjected.
CanWest News Service, June 2
Also: Vancouver Sun
Church ordered to pay fired minister $600,000
Human rights panel also orders reverend to be reinstated
National Post, June 2
Ousted PEI minister wins discrimination case
A female minister who was sexually discriminated against and removed from her Prince Edward Island pulpit won $600,000 in damages yesterday from the island's Presbyterian Church.
Globe and Mail, June 2
June 7/2007
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This is an interesting ruling: Human Rights Commissions can be very circumspect when it comes to religious bodies.
Looking toward the sins of government, frequently any legislation relating to the churches in fact favours those big churches to an extent where the religious rights and freedoms of individuals and small religious groups are trampled underfoot.
Of course, there has always been collusion between politicians, both secular and religious! Separation of church and state is the biggest hypocrisy of all.
Watch out PEI! If I was to choose a province to fight a charter challenge PEI, with its tiny tax base and limited resources, would be the obvious choice.
Rt. Rev Malachy Egan
Abba Ministries of Canada
Dale