wfn.org | PC(USA) Files Brief Supporting Denominational Ownership of Property

[PCUSA NEWS <pcusa.news@ecunet.org>]

19-November-1999 
99391 
 
    PC(USA) Files Brief 
    Supporting Denominational Ownership of Property 
 
    Wisconsin court says defecting Methodist church 
    may keep its buildings 
 
    by Jerry L. Van Marter 
 
LOUISVILLE, Ky. - Five presbyteries and one synod of the Presbyterian 
Church (U.S.A.) have filed an amicus curiae ("friend of the court") brief 
in the Wisconsin Court of Appeals supporting the premise that congregations 
do not own church buildings but hold church property in trust for their 
denominations. 
 
    The brief was filed on Nov. 2 in support of the Wisconsin Conference of 
the United Methodist Church (UMC) in a case involving a Methodist church in 
Winnebago County that has voted to withdraw from the UMC and is trying to 
keep the church building and manse. 
 
    The PC(USA) has always held that congregations hold property "in trust" 
for the denomination. 
 
    The amicus brief - filed by stated clerks of the Presbyteries of John 
Knox, Northern Waters, Milwaukee, Twin Cities Area and Winnebago, and of 
the Synod of Lakes and Prairies - argues that a lower court's decision 
giving title to the Methodist congregation raises constitutional issues and 
interferes with church governance, and asks the appeals court to order 
state courts to stay out of religious bodies' internal affairs. 
 
    The case arose after a 50-member Methodist congregation voted to end 
its affiliation with the Conference and hired a minister to replace one 
appointed by the Conference. 
 
    Among the reasons the congregation gave for its departure are "the 
Sophia Worship situation participated in by the United Methodist Women's 
Group," and the Wisconsin Conference's vote to become a "reconciling 
conference" (similar to the More Light movement in the PC(USA)). 
 
    When efforts to resolve the conflict failed, the Conference went to 
state court in hope of getting clear title to the church property. But the 
lower court ruled in favor of the congregation - although Wisconsin law 
specifically provides that the property of Methodist churches is to be held 
and disposed of according to the rules of the UMC. The court ruled that 
that statute doesn't apply in the case of a church that continues to exist. 
 
    The Rev. C. Fred Jenkins, an authority on the PC(USA) constitution, 
called the lower court's decision "very strange." He said he believes it 
resulted from "an elected judge who was sitting there in court surrounded 
by his neighbors, who were unanimously behind the congregation's desire to 
leave the Methodist Church." 
 
    Jenkins said the presbyteries filed the amicus brief because, if the 
state court's decision is sustained, "it's potentially a very serious 
situation for the Presbyterian Church (U.S.A.)."  

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