Alabama presbytery votes down overture on property The Layman Online Tuesday, November 1, 2005 The Presbytery of North Alabama recently voted down an overture from one of its church sessions to delete the property clause from the Presbyterian Church (USA)'s Book of Order. The presbytery voted 59-12 against the overture submitted by the session of Central Presbyterian Church in Huntsville, Ala. The proposed overture called for deleting Sections G-8.0100 through and including G-8.0600 of the Book of Order, and adding sections that included: All property held by or for a particular congregation, … shall be the sole property of the congregation, or the entity holding property for the use and benefit of the particular congregation, whichever is applicable. Any trust, whether revocable or irrevocable … is hereby rescinded and declared by the Presbyterian Church (USA) to be null and void. Any session may consent to create a revocable or irrevocable trust, with respect to their property, upon an affirmative vote of two-thirds of the congregation at a duly called and constituted congregational meeting Whenever a particular church is formally dissolved, the council of the governing body of that congregation shall determine the distribution of the assets of that congregation . The rationale of the proposed overture stated that congregations "who in all good conscience cannot abide by the denomination's present constitutional requirements on any number of issues theological and moral," did not have the option of "peaceable withdrawal from the denomination. They then have no option but to remain in the denomination, counter to their conscience, and to do one of two things, neither of which contributes to the peace, unity or purity of the church: they choose to wage continuous assault upon the present constitution in an effort to overthrow the requirements they find troublesome, or they choose to openly defy the constitution and do as they see fit. Some churches have chosen to do both." The text of the defeated overture follows. PROPERTY OVERTURE FROM CENTRAL PRESBYTERIAN CHURCH HUNTSVILLE, ALABAMA The Session of the Central Presbyterian Church unanimously requests that: The Presbytery of North Alabama overtures the 217th General Assembly (2006) to approve the following amendment to the Constitution and instruct the Stated Clerk to transmit it to the presbyteries for their affirmative or negative vote. (1) Strike the following portions of Chapter VIII from the Book of Order: Sections G-8.0100 through and including G-8.0600 (renumbering G-8.0700 and G-8.0701 as G-8.0600 and G-8.0601 respectively) and substitute the following: G-8.0100 Ownership of Property G-8.0101 All property held by or for a particular congregation, whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, and whether the property is used in programs or retained for the production of income, shall be the sole property of the congregation, or the entity holding property for the use and benefit of the particular congregation, whichever is applicable. G-8.0200 Property Held in Trust G-8.0201 Any trust, whether revocable or irrevocable, asserted to exist pursuant to the former Section G-8.0100 of the Book of Order of the Presbyterian Church (USA) is hereby rescinded and declared by the Presbyterian Church (USA) to be null and void. G-8.0202 Any Session may consent to create a revocable or irrevocable trust, with respect to their property, upon an affirmative vote of two-thirds of the congregation at a duly called and constituted congregational meeting. G-8.0203 Whenever permitted by civil law, each congregation, presbytery, synod, and the General Assembly shall cause a corporation to be formed and maintained. The council of the governing body shall constitute the Board of Trustees of the corporation unless the governing body shall determine an alternative method to constitute the Board of Trustees. G-8.0300 Property of Church Dissolved or Extinct G-8.0301 Whenever a particular church is formally dissolved, the council of the governing body of that congregation shall determine the distribution of the assets of that congregation. G-8.0400 Property of Church in Schism G-8.0401 The relationship to the Presbyterian Church (USA) of a particular church can be severed only by constitutional action on the part of the presbytery. (G-11.0103i) If there is a schism within the membership of a particular church and the presbytery, after working for reconciliation with that congregation for a period of no less than 12 months, is unable to effect a reconciliation or a division into separate churches within the Presbyterian Church (USA), then in order for the dissenting faction to secure the property a two-thirds vote of support at a duly called and constituted congregational meeting is needed. G-8.0500 Dismissal of a Particular Church from Membership in the Presbyterian Church (USA) G-8.0501 Should a particular church desire to be dismissed to another body, or to independence, as demonstrated by a unanimous vote of the Session, the following procedures shall be followed: A. The Session of the congregation desiring to be dismissed shall inform the Presbytery of its desire. B. At a duly called meeting of the congregation, with representatives of the Presbytery present and having the privilege of the floor, the motion for dismissal shall be put forward and discussed. The meeting shall recess for no less than three months and no more than six months, to a date determined at the meeting. C. At the appointed date, the meeting shall reconvene, with representatives from the Presbytery present and having the privilege of the floor, and the question shall again be put to the congregation and the floor opened for discussion. The congregation shall vote on the motion by written ballot. If the motion passes by a two-thirds majority of those present, the Presbytery shall dismiss the congregation as requested with all of its property and assets as per the provisions of (proposed) G-8.0101. Rationale The historic principles of church order described in our Book of Order as being "basic to our Presbyterian concept and system of government" (G-1.0300) include these statements: (1) (a) That "God alone is Lord of the conscience, and hath left it free from the doctrines and commandments of men which are in anything contrary to his Word, or beside it, in matters of faith or worship." (b)Therefore we consider the rights of private judgment in all matters that respect religion, as universal and inalienable. ... (G-1.0301) (2) That, in perfect consistency with the above principle of common right, every Christian church . . . is entitled to declare the terms of admission into its communion, and the qualifications of its ministers and members, as well as the whole system of its internal government which Christ hath appointed ... (G-1.0302) (7) That all Church power, whether exercised by the body in general or in the way of representation by delegated authority, is only ministerial and declarative; that is to say, that the Holy Scriptures are the only rule of faith and manners; that no Church governing body ought to pretend to make laws that bind the conscience in virtue of their own authority ..." (G-1.0307, emphasis added) (8) Lastly, that if the preceding scriptural and rational principles be steadfastly adhered to, the vigor and strictness of its discipline will contribute to the glory and happiness of the church." (G-1.0308) The Church, the Body of Christ, is held together by the gift of faith, common belief, and the ministry of the Holy Spirit. The Church is holy and catholic, and every local congregation is called to faithfully carry out the ministry of Jesus Christ. We have faced a prolonged season of manifest conscientious objections in our denomination by a number of congregations who in all good conscience cannot abide by the denomination's present constitutional requirements on any number of issues theological and moral. Yet because of the constitutional claims on their property, these congregations find themselves without the option of peaceable withdrawal from the denomination. They then have no option but to remain in the denomination, counter to their conscience, and to do one of two things, neither of which contributes to the peace, unity or purity of the church: they choose to wage continuous assault upon the present constitution in an effort to overthrow the requirements they find troublesome, or they choose to openly defy the constitution and do as they see fit. Some churches have chosen to do both. The Historic Principles of Church Order recognize the rights of each believer to hold individual judgments and differing views. These, sometimes diametrically opposed, views have been demonstrated during the last few years in the repeated overtures to add-to or delete-from our current Book of Order. Given that our current rules of property ownership have the property and assets of each local congregation held in trust by the Presbytery, and, thereby do not allow for the full exercise of judgment or views by the local congregation, this has led to repeated requests for dismissal with property by those congregations whose membership feel they can no longer align themselves with the present actions or course of the Presbyterian Church (U.S.A.). Presently, the right of dismissal resides with the presbytery (G-11.0103i) and several presbyteries have dismissed churches to independence or other Reformed bodies. These churches had to pay the presbyteries to retain the property that had been previously paid for by the tithes and offerings of the members. Requiring the membership to, once again, pay for their property creates hardships for those desiring to serve Christ according to their consciences. Churches that do not feel they can remain within the bounds of our current structure should be given the option to exercise judgment and conscience accordingly.

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