Petition in Miss. case eyes threat from PCUSA By John H. Adams The Layman Online Monday, December 18, 2006 J.J. White Memorial Church in McComb, Miss., is in Mississippi Presbytery, which may have the most congregation-friendly property policy in the Presbyterian Church (USA). Nonetheless, the 350-member congregation said in its 23-page petition to the Chancery Court of Mississippi there are also real threats that the presbytery could be forced into intervention on behalf of the denomination. The petition is the heart of the congregation's suit that lists the Presbytery of Mississippi as the only defendant. While a ruling in civil court last week was a friendly decision, there could be rough waters ahead. The Chancery Court judge signed a "stipulated temporary injunction" – meaning that both the presbytery and the congregation agreed that the presbytery will take no action before the court decides whether to accept J.J. White's claim to its property without any obligation to the PCUSA. While the case is being tried under Mississippi law – which is not necessarily applicable in other states – it could become a major test of the denomination's property trust clause. Therefore, the petition takes note of the denomination's threats. There has been no vote and no serious discussion by the congregation about the possibility of leaving the Presbyterian Church (USA). But suppose, during an open congregational meeting to handle property transactions, members of the congregation bring up the issue of breaking ranks with the denomination. The petition says, "PCUSA presbyteries, in response to dissent (whether perceived or actual) by local congregations … have variously: a) "taken acts intended to assert ownership or place clouds on otherwise merchantable local property titles by recording, without prior notice, affidavits or other documents in local mortgage and conveyance records which improperlty assert trusts on local church property in favor of the denomination …" b) "without notice, sought to change locks on local church property and otherwise seize local church assets, and c) "appointed administrative commissions to assert "original jurisdiction" to supplant existing congregational governance by removing, without notice and opportunity for hearing, dissenting ministers and sessions, thereby permitting the PCUSA presbytery to effectively confiscate local church property and deal with it as if it were its own. There is a likelihood that the filing of this petition will be perceived to be dissent, causing the Presbytery of Mississippi to act in such a manner." The petition cites other evidence of the denomination's attempt to stifle dissent. It refers to Advisory Opinion Note 19, which was issued by General Assembly Stated Clerk Clifton Kirkpatrick. That opinion, the petition says, "states in Part III … that if a presbytery … fails to appoint an administrative commission to take over control of a local church voicing dissent over denominational polices, then the next higher ecclesiastical authority, the synod, may appoint an administrative commission to take over control of the property." The petition cites "privileged and confidential" documents – administrative and legal strategies prepared by PCUSA lawyers – that call for coercive measures to stifle dissent by threatening to take over a local congregation' governance and its property. White Memorial says the PCUSA documents: a) "advocate use of administrative commissions specifically for church property disputes" and advises presbyteries "how to remove the local pastor and/or governing board of the local church;" b) "advise how to freeze local church assets and physically seize property;" c) "recommend placing a cloud on local church property titles by filing affidavits in property records, irrespective of state law or the facts of any property dispute." d) "recommend mailing letters concerning protested property to any banks or other financial institutions that hold accounts for the local church, which letters 'order' that no assets be released to the local church." e) "instruct presbyteries to investigate the religious background of any judge assigned to the case in order to exploit potential partiality or religious bias;" f) "recommend to presbyteries in their pleadings 'use spiritual language' in order to try and keep the local church in a defensive secular legal posture. 'Let the schismatics seek Caesar's help.'" The petition also cited a request made by the leaders of the New Wineskins Association of Churches that denominational leaders declare a "moratorium" on retaliatory action against ministers and session members and on actions to "seize or encumber property." Kirkpatrick and General Assembly Moderator Joan Gray rejected the request for a moratorium, saying they did not have authority under the Constitution of the Presbyterian Church (USA). In 2001, Kirkpatrick initiated a similar action, then called a sabbatical. He was then asking presbyteries not to file disciplinary charges against ministers who defied the "fidelity/chastity" ordination requirement in the Book of Order. J.J. Memorial's petition say some of the coercive actions of the presbyteries and denomination "violate state property law and trust law, free speech rights guaranteed by the First and Fourteenth Amendments to the United States Constitution and by Article III, Section 24 and Section 25, of the Mississippi Constitution." The petition added, "The effect of such actions, if taken in whole or in part or threatened by the Presbytery of Mississippi, would chill if not violate the foregoing protected rights …"

Respond to this article

Home · Archives · The Layman · PLC Publications Presbyterian Lay Committee · Feedback · Links