By Michael Gryboski, Christian Post
A large Texas congregation that recently decided to disaffiliate from the largest Presbyterian denomination in the United States over its increasing acceptance of homosexuality is suing to keep its property.
Windwood Presbyterian Church of Houston has been waging a legal battle to not have to pay to keep their church property after having left Presbyterian Church (USA) earlier this year.
The Rev. Kevin C. Rudolph, pastor at Windwood Presbyterian, told The Christian Post that the lawsuit dates back to 2008.
“We have been involved in a lawsuit over the ownership of the property since 2008 and that suit is still in process,” said Rudolph, who noted that the congregation voted to disaffiliate back in May.
“Our congregation has approximately 1,100 members and we had more than 30 percent of the congregation present for the vote and the vote to disaffiliate and move to ECO received more than 99 percent of the vote.”
Windwood Presbyterian filed suit against PCUSA back in 2008, arguing that the denomination’s “trust clause” did not apply to their congregation.
According to the PCUSA Book of Order G-4.0203, the “trust clause” states “All property held by or for a particular church … is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.).”
The provision notes that this property includes not only for “a particular church” but also “a presbytery, a synod, the General Assembly, or the Presbyterian Church (U.S.A.) …”
Adopted back in 1981, the “trust clause” means that any church that disaffiliates from PCUSA must pay a varied amount of money to the denomination in order to maintain control of their property.
Rudolph told CP that Windwood Presbyterian took issue with the direction of PCUSA, which includes its growing acceptance of homosexuality.
9 Comments. Leave new
To kill the trust clause in Texas, what’s needed is a congregation with the financial resources to carry the legal fight all the way, and with the courage to risk the loss of their property and walk away from it in the event the courts rule against them. Highland Park met the first requirement, but not the second. Perhaps Windwood has both.
As long as Windwood does’nt pull a Highland Park, which is unlikely they have the assets at risk that HPPC did, between First Pres Houston and them, a solid win for both would end the trust clause in Texas for good
Let’s hope Windwood prevails. It’s always interesting how those who interpret the Bible so freely can become quite literal when asserting their alleged property rights.
. It’s always interesting how those who interpret the Bible so freely can become quite literal when asserting their alleged property rights.
Human nature at work.
As far as the trust clause??? Who built the structure?? The Presbytery??? Louisville??? If the congregation funded the building of the property with the pcusa no longer holding Biblical Authority, why should the pcusa think the property belongs to Louisville??? How much money did Louisville help fund Windwood Presbyterian Church??? Should not the property belong to those who built and probably rebuilt the structure????
Again, when a corporation dissolves or when sub entities resign or go their separate ways, it is only fair the departing congregation be allowed to take its share with them. That includes but is not limited to their building and its fair share of the $1.2 Billion Foundation assets.
To allow a minority of the reform members in the church to gradually assume ownership of the assets of the Presbyterian Church is a miscarriage of justice. The intent of that minority could not be more plain. They want to drive off the members and take control of assets that have been built over generations.
A year ago, I attended a regional conference. An out of town minister made a point of boasting that he had performed a ‘mock wedding’ in one of the bars where he lives. What does it take to get people to recognize we are being taken for a ride?
Remove the financial incentive by awarding separating congregations with their fair share, just as if the issue was a civil dissolution. Once the financial incentive has been removed, watch the interest in such issues as sanctioned sodomy gradually disappear. The emporer has no clothes, brothers and sisters. Believe it and act upon it.
Go, Windwood.
wow, interesting, i hadn’t even thought of that. good insight.
p.s. comment addressed to Red Dirt
I certainly hope so, Don. Please see my just-posted comment under the article about Highland Park’s final payment. I wrote it before seeing your comment.