A motion filed Tuesday by a former Southern Baptist Convention (SBC) vice president aims to discipline a gay-affirming pastor.

Pastor Danny Cortez of New Heart Community Church of La Miranda, California declared that he no longer believes that being gay is a sin after his son came out gay.

Instead of removing Cortez, the congregation voted on May 18 to become a “Third Way” church, which is neutral on the issue.

(Related: Southern Baptist pastor reverses opposition to homosexuality; congregation votes to keep him.)

According to the Associated Baptist Press, Wiley Drake's motion at this week's SBC annual meeting in Baltimore asks officers to “prayerfully consider discipline for the Southern Baptist church and pastor located in La Miranda, Calif., for their violation of Article 3 of the SBC constitution when they affirmed, approved and endorsed homosexual behavior that the Bible describes as the sin of sodomy.”

The 70-year-old Drake, pastor at First Southern Baptist Church of Buena Park, California, was criticized in 2009 when he publicly stated that he was prayerfully “asking God to kill President [Barack] Obama.”