Task force wants Mississippi Presbytery to cede property to control of congregations
By John H. Adams, The Layman Online, October 13, 2006
The Presbytery of Mississippi will consider a task force report on Oct. 19 that calls for releasing with their property congregations that vote to disaffiliate from the Presbyterian Church (USA).
The report also asks the presbytery to present a number of pointed questions to General Assembly Moderator Joan Gray, who had previously accepted an invitation to attend the meeting.
The five-page task force report follows a trend already established by the presbytery when it voted shortly after the 2006 General Assembly to reject relationship with any presbytery in the PCUSA that ordains practicing homosexuals. In addition, Mississippi is one of 25 presbyteries that remit only the per capita that they receive from member congregations.
The 2006 General Assembly approved an authoritative interpretation that allows homosexual candidates who will not abide by the “fidelity/chastity” requirement in the Book of Order to “scruple” the requirement and gives ordaining bodies the leeway to grant exemptions.
Citing the “Great Ends of the Church,” the task force asks the presbytery to recognize that some congregations might find themselves more able to work for those ends if they are not members of the Presbyterian Church (USA).
The panel asks the presbytery to approve a resolution saying:
- “That it trusts its congregations to make their own decisions concerning how best to use their property to accomplish the great ends of the church.”
- “That the Presbytery of Mississippi recognizes all its particular churches as having the ability to sell, lease, mortgage, or otherwise encumber any of their real property without further written permission of the Presbytery.”
- “That the Presbytery of Mississippi recognizes all its particular churches as having the ability to acquire real property subject to an encumbrance or condition without further written permission of the Presbytery.”
- “That it shall it shall take no action to enforce any general trust interest claimed by any higher governing body against any property, real or personal, held by any of its congregations.”
- “That it will not resist any congregation of the Presbytery of Mississippi which would ask the courts of the State of Mississippi to clear its property of any claims made by higher governing bodies against that property.”
“We maintain it is inadequate to say that the PCUSA owns the property of all its member congregations because such a statement is present in the Book of Order, because individual congregations didn’t have an opportunity to vote on whether that requirement would be in the Book of Order,” the task force says. “Presbyteries, not congregations, vote on changes to the Book of Order. It is just as impossible for presbyteries to transfer titles to property that they do not themselves hold as it is for the PCUSA simply to assert that it has title to all the property of all its member congregations.”
The report says the presbytery has historically opposed the denomination’s property trust clause. “And so as a matter of pursuing the love and justice of Jesus Christ, the Presbytery of Mississippi will not interfere with any of its member congregations which desire to act to clear their titles of any claims made on them by the higher governing bodies of the Presbyterian Church (U.S.A.).”
If adopted, the property resolution could put the presbytery at odds with Stated Clerk Clifton Kirkpatrick and the Office of the General Assembly, which has advised presbyteries that it is their obligation to secure the property of congregations seeking to leave the PCUSA. Furthermore, the OGA has warned that presbyteries failing to use administrative and legal efforts to claim local church property could be taken over by the synods.
The presbytery established the task force to help it “re-evaluate the nature of its relationship with the General Assembly.” As part of that consideration, the task force approved six questions that were submitted to Gray along with a request that she answer them at some time during her visit:
- 1. It is the considered opinion of this Presbytery, expressed in our overture to the GA, that a critical flaw of the PUP report was a failure to distinguish between scruples of belief and scruples of practice. Do you agree?
- 2. We are concerned that sessions and presbyteries might allow ordinands to declare scruples not only to matters of faith, but also to matters of polity. How can ordinands promise to be governed by the church’s polity and abide by its discipline at the same time that they are openly declaring that they will not in fact be bound by part of the Book of Order?
- 3. G-6.0106b declares that individuals who practice certain behaviors will neither be ordained nor installed. Sessions and presbyteries are the governing bodies of this church who carry out ordinations and installations. G-6.0106b thus places clear limitations, not only on the behavior of ordinands, but also on the ordination and installation powers of sessions and presbyteries. How can the PUP report justly allow ordinands’ freedom of conscience to override these limitations?
- 4. The Stated Clerk of the Presbyterian Church, U.S.A, in a letter to Presbytery Stated Clerks dated September 8, declared the following to be unconstitutional: “Actions by a presbytery that in essence set aside the assembly’s authoritative interpretation of G-6.0108 and require subscription to all or specific constitutional standards,” and “Mandates that presbyteries seek to place on sessions for procedures or content for the examination of candidates to be elders or deacons beyond those specified in the Constitution or its authoritative interpretations.” How can it be unconstitutional for sessions and presbyteries to enforce the constitution within its jurisdiction?
- 5. The Stated Clerk of the Presbyterian Church, U.S.A., in his Advisory Opinion 19, asserts that Presbyteries are responsible for enforcing the PCUSA’s claim to all its congregations’ property, despite the fact that this responsibility is not listed in G-11.0103. He also implies that synods should intervene if presbyteries choose to be generous with congregations that desire to depart from the PCUSA with their property, even though G-8.0301 clearly allows presbyteries the power to determine what happens to property when a congregation ceases to use it as part of the PCUSA. Do you agree with the Stated Clerk’s analysis?
- 6. The Presbyterian Publishing Corporation has publicly embarrassed the entire denomination by allowing a spurious attack on the President of the United States to be disseminated as legitimate academic discourse. Given that this corporation is neither funded nor meaningfully controlled by the denomination, what can we do about this?”
The full text of the task force report:
Report of Presbytery Task Force
Submitted to the Presbytery of Mississippi
October 19, A.D. 2006
For Information:
1. The Task Force would remind the Presbytery of the press release approved at the May 20, 2006 meeting of Presbytery, which can be found on pages 26-28 of the minutes. The press release contains brief summaries of the Presbytery’s positions on Divestment, Scripture, Marriage, Ordination Standards, and Abortion.
2. The Task force would also call to the Presbytery’s attention the resolution adopted at the July 13 meeting of Presbytery, which is as follows:
- The Presbytery of Mississippi does hereby,
- Declare that the action of the 217th General Assembly in the passage of Recommendation 5 of the Peace, Unity, and Purity Task Force Report, is a grievous error seriously lacking Biblical, Confessional and Constitutional integrity, and of such magnitude that it places the Presbyterian Church (U.S.A.) in a state of constitutional crisis, requiring that the Presbytery of Mississippi re-evaluate the nature of its relationship with the General Assembly,
- Reaffirm its strong conviction that all constitutional requirements for ordination, including G-6.0106b, are binding on all the sessions and presbyteries of the Presbyterian Church, (U.S.A.), and none are subject to being considered “inessential” by any governing body of the Church,
- Reaffirm its resolution that no exceptions to the requirement that all deacons, elders and ministers must “live either in fidelity within the covenant of marriage between a man and a woman or in chastity in singleness” will be allowed within the jurisdiction of this Presbytery, and
- Resolve that any governing body of the Presbyterian Church, (U.S.A.) which abrogates this requirement has broken fellowship with the Presbytery of Mississippi. Ministers from such unbiblical, unconfessional, and unconstitutional presbyteries will not be received for membership in this presbytery unless they personally affirm their belief in and their willingness to be governed by this requirement.
3. The Presbytery has already taken action on per capita payments to the General Assembly. On February 15, 2003, the Presbytery approved the following recommendation of Council: “That the Presbytery forward only those per capita funds received from a particular church to the General Assembly.” This action was incorporated into standing rule 16.2.2, which reads in part, “Only those funds actually received from particular churches which are designated to pay General Assembly per capita will be forwarded to the General Assembly.” Please note that the Presbytery has taken no action to alter its commitment to pay all of the per capita requested by Synod. Synod per capita will thus be paid regardless of congregational remittances.
4. In an effort to fulfill its mission to help the Presbytery “re-evaluate the nature of its relationship with the General Assembly,” the Task Force approved the following questions which have been submitted to the Moderator of the General Assembly, along with a request that she answer them at some time during her visit to the Presbytery of Mississippi:
- a. It is the considered opinion of this Presbytery, expressed in our overture to the GA, that a critical flaw of the PUP report was a failure to distinguish between scruples of belief and scruples of practice. Do you agree?
- b. We are concerned that sessions and presbyteries might allow ordinands to declare scruples not only to matters of faith, but also to matters of polity. How can ordinands promise to be governed by the church’s polity and abide by its discipline at the same time that they are openly declaring that they will not in fact be bound by part of the Book of Order?
- c. G-6.0106b declares that individuals who practice certain behaviors will neither be ordained nor installed. Sessions and presbyteries are the governing bodies of this church who carry out ordinations and installations. G-6.0106b thus places clear limitations, not only on the behavior of ordinands, but also on the ordination and installation powers of sessions and presbyteries. How can the PUP report justly allow ordinands’ freedom of conscience to override these limitations?
- d. The Stated Clerk of the Presbyterian Church, U.S.A, in a letter to Presbytery Stated Clerks dated September 8, declared the following to be unconstitutional: “Actions by a presbytery that in essence set aside the assembly’s authoritative interpretation of G-6.0108 and require subscription to all or specific constitutional standards,” and “Mandates that presbyteries seek to place on sessions for procedures or content for the examination of candidates to be elders or deacons beyond those specified in the Constitution or its authoritative interpretations.” How can it be unconstitutional for sessions and presbyteries to enforce the constitution within its jurisdiction?
- e. The Stated Clerk of the Presbyterian Church, U.S.A., in his Advisory Opinion 19, asserts that Presbyteries are responsible for enforcing the PCUSA’s claim to all its congregations’ property, despite the fact that this responsibility is not listed in G-11.0103. He also implies that synods should intervene if presbyteries choose to be generous with congregations that desire to depart from the PCUSA with their property, even though G-8.0301 clearly allows presbyteries the power to determine what happens to property when a congregation ceases to use it as part of the PCUSA. Do you agree with the Stated Clerk’s analysis?
- f. The Presbyterian Publishing Corporation has publicly embarrassed the entire denomination by allowing a spurious attack on the President of the United States to be disseminated as legitimate academic discourse. Given that this corporation is neither funded nor meaningfully controlled by the denomination, what can we do about this?
For Action:
1. The Task Force recommends that Presbytery charge the moderator with appointing a study group composed of members of CPM, COM and representatives of the Task Force to look at the “Essential Tenets and Reformed Distinctives” of the San Diego Presbytery to develop guidelines for examining candidates within our Presbytery.
2. The Task Force recommends that the Presbytery adopt the following resolution concerning property:
The Presbytery of Mississippi is hereby resolved:
That the great ends of the Church found in G-1.0200 explain the purpose for the existence of the Presbyterian Church (U.S.A.),
That therefore whenever congregations pursue those ends they are in fact using their property for the benefit of the Presbyterian Church (U.S.A.),
That it trusts its congregations to make their own decisions concerning how best to use their property to accomplish the great ends of the church, That many of its congregations believe they hold clear title to their own property,
That the Presbytery of Mississippi recognizes all its particular churches as having the ability to sell, lease, mortgage, or otherwise encumber any of their real property without further written permission of the Presbytery,
That the Presbytery of Mississippi recognizes all its particular churches as having the ability to acquire real property subject to an encumbrance or condition without further written permission of the Presbytery,
That it shall take no action to enforce any general trust interest claimed by any higher governing body against any property, real or personal, held by any of its congregations,
That it will not resist any congregation of the Presbytery of Mississippi which would ask the courts of the State of Mississippi to clear its property of any claims made by higher governing bodies against that property, and
That these statements be transmitted through the sessions of all the particular churches of the Presbytery.
Rationale
All the ruling elders and Ministers of the Word and Sacrament have promised to show the love and justice of Jesus Christ in their ministries, especially in the context of the government and discipline of the