Category Archives: Uncategorized

A Brief Note On Texas Church Property Court Cases

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There was a brief ripple on the church property legal front this past week as the U.S. Supreme Court declined to hear an appeal of the Texas Supreme Court Decision regarding the Episcopal Church cases. Personally I found this to be an expected outcome and frankly a non-event for reasons I will explain in a minute, but it occasioned a look at another Presbyterian case that has some related characteristics.

The Texas case is the one I discussed recently where the Texas Supreme Court overturned the summary judgement granted to the mainline Episcopal Church in the lower courts based on it being a hierarchical denomination. The Texas decision then sent it back down to the trial court for a full hearing on neutral principals but The Episcopal Church appealed it to the U.S. Supreme Court which this past week included it in a summary order of the cases that they declined to hear.

As I said in the lede, nothing in this struck me as unusual as the high courts prefer to weigh in after a case has run its course in the lower courts. In addition, the U.S. Supreme Court has, to my knowledge, yet to accept any of the recent church property cases for review. As a more experienced observer of the Episcopal church property cases, Allan Haley who writes at the Anglican Curmudgeon, says in his analysis of this order:

The order was expected, because neither decision by the Texas Supreme Court was final. The U. S. Supreme Court almost never agrees to review lower court decisions until they are final. In these two cases, the Fort Worth matter was sent back to Judge Chupp’s court for a trial, and the Church of the Good Shepherd case was likewise sent back to the trial court in San Angelo for further proceedings.

The action by SCOTUS now frees both of those cases to move ahead.

Reading further in his analysis I was interested to see that the parties who have left the mainline Episcopal church have filed for summary judgement and how, in his view of the cases, now it all comes down to one specific question:

In Fort Worth, Bishop Iker’s attorneys have filed a motion for summary judgment which is scheduled for a hearing in December. Given the decision by the Texas Supreme Court, the only question remaining for the trial court to decide is whether or not ECUSA managed to create a valid trust in the Diocese’s property which the Diocese did not revoke when it decided to withdraw in 2008. In Texas all trusts are deemed to be fully revocable at any time, unless the language creating the trust states otherwise.

I am not sure that is the only issue to be resolved but I don’t follow these with the focus or knowledge Mr. Haley does. It will be interesting to see where this goes.

This news has brought to the forefront another Presbyterian case that I have not previously included in these discussions, that of Windwood Presbyterian Church in Houston. As a Christian Post article details the history, they began the process of getting clear title to their property back in 2008 and departed for ECO: A Covenant Order of Evangelical Presbyterians this past May with the property issue still unresolved. As in the Episcopal cases they initially lost on summary judgement in the Texas courts because of the hierarchical church argument but the August 2013 Texas Supreme Court decision caused the Appellate Court to vacate their earlier decision and send the case back to the trial court for a full hearing.

But Mr. Haley’s comment above about whether a valid trust was created caught my eye because that will clearly play a role in this case. Windwood was a member of the PCUS at the time of the union creating the PC(USA) and the PCUS churches had the option of avoiding the trust clause.  I quote from the fourth page of the Appellate decision (emphasis mine):

The Book of Order also contains a provision permitting a local church, with in eight years of the formation of the PCUSA, to opt out of the trust provision if it had not been subject to a similar provision before the formation of the PCUSA. Windwood never exercised this right.

While Windwood has multiple arguments for it’s clear ownership of the property under a neutral principles approach, it seems that their not having exercised this option is a significant hurdle they have to cross. This would appear to be an acknowledgement by the church back in 1991 (eight years after the union) that they are subject to the trust clause in a hierarchical church. I am curious to see how all this balances out as the courts see it.

As a side note, I would point out the case of Timberridge Church in Georgia where Atlanta Presbytery successfully argued that the opt-out was only one of several tests of whether the trust clause was in place and that the congregation was still subject to it in spite of exercising the option. But to my knowledge, that case is unique regarding the interpretation of the opt-out option.

So, as usual, each case carries its own nuances. And, based upon past history on these cases, whichever side prevails in the trial court appeals can be expected. We will see where all this leads.

Presbyteries Begin Voting On Same-Sex Marriage Actions

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With General Assembly season now behind us we move into the portion of the year where the actions of the General Assemblies that require presbytery concurrence are now being considered by the lower governing bodies.

Coming from three of the Assemblies we have proposed actions that have implications for same-sex marriage/partnerships within the church and the progress is being closely watched within each branch. Here is a brief summary of what to watch and where each is at this time.

Presbyterian Church (U.S.A.)

The 221st General Assembly (2014) of the Presbyterian Church (U.S.A.) adopted a proposed constitutional amendment that now needs to be approved by the presbyteries. This change in the language of Book of Order section W-4.9000 has been bundled into the Amendment booklet and is now referred to as Amendment 14-F.

Presbytery voting has begun and the Office of the General Assembly is, as always, the official tracker of the votes. They have created a page specific to the marriage amendment that has not only resources about the GA action and that amendment, but a nifty map of the presbyteries that have reported their vote and which way it went. I have to admit that with only a few recorded so far it is a bit tough distinguishing between the shades of purple they use for yes and no, but once it begins to fill in the difference should be more obvious. And interesting to see that the Dakota nongeographic presbytery was geographically placed in southern Saskatchewan.

If you want the official tally of the voting on all amendments that is still there and shows that to date three presbyteries have officially recorded their votes ( 1 yes and 2 no on both 14-F and Blehar at this time ). Also interesting to note that the official page for the Belhar Confession does not have nifty map.

And for the polity wonks it is helpful to remember that the PC(USA) now has two less presbyteries for a total of 171 meaning that it takes 86 to approve a Book of Order Amendment and 114 to approve a change to the Book of Confessions.

For up-to-the-minute unofficial reporting I see that the Covenant Network is keeping an on-line tally with the presbytery voting results including the number of yes and no votes, something the OGA does not include. As of two weeks ago their tally was two presbyteries on each side.

While I will be doing a much more detailed analysis as more data are available, here is a quick comparison of the first four data point in comparison to 10-A. I will leave it for another time to discuss whether the comparison of two amendment that deal with significantly different equality questions is appropriate. Abstentions are included in the totals and the percentage after the total is the change in the number of total votes from 10-A.

Presbytery 14-F Yes 14-F No 14-F Total 10-A Yes 10-A No 10-A Total
New Castle 73 (74%) 24 (24%) 99 (-14%) 79 (69%) 34 (30%) 115
Palo Duro 25 (45%) 30 (55%) 55 (-35%) 35 (41%) 50 (59%) 85
San Diego 22 (22%) 76 (77%) 99 (+14%) 21 (24%) 66 (76%) 87
Yukon 27 (59%) 19 (41%) 46 (-22%) 21 (36%) 38 (64%) 59

So far we have two presbyteries with no on both, one yes on both and one switch from no to yes. In three out of four cases we see a significant decrease in the number of total votes cast. With 167 presbyteries left to go there is still a lot of data yet to be collected so I won’t go any further with this analysis now.

 

Church of Scotland

This past May the General Assembly 2014 of the Church of Scotland approved an act related to ministers in civil partnerships that affirms traditional language but includes proposed language (all found as an Appendix to the Legal Questions Committee report) for churches to request to depart from the traditional standards and it is now being voted on by the presbyteries as special legislation under the Barrier Act. There are 46 presbyteries and a majority of 24 are required for concurrence leading to the General Assembly giving it final considering in 2015.

The Principal Clerk’s office does not keep the official tally of the votes online but a group of evangelicals in the Kirk, Forward Together, has been monitoring voting. In a statement from last week (30 October) they indicate that they know of three presbyteries who have already voted no on the overture. That statement also contains a list of known dates of presbytery votes with the largest single day on the list this past Tuesday (4 November). The deadline to vote is in December.

In particular, the vote against by the Presbytery of Lewis received some publicity probably enhanced by the issuance of a statement following the vote. The story was picked up by the Stornoway Gazette and the KaleidoScot web site, among others.

Holding an alternate viewpoint on the question is Affirmation Scotland which says that they are disappointed the legislation does not go farther but supports it as an intermediate step. One of their affiliated churches, Greyfriers Church in Edinburgh, has recently made it clear that they are an inclusive congregation and that should the act be confirmed they will be an affirming congregation and request a departure from the act should the circumstances arise.

 

Presbyterian Church of Aotearoa New Zealand

In their General Assembly about a month ago they reaffirmed their support for marriage between one man and one woman and the Assembly sent to the presbyteries special legislation under the Barrier Act that would confirm that language in their Book of Order.

The act must be approved by a majority of the eleven presbyteries, two synods and two church councils.

It is relatively early in their process so we will see what announcements are made as it moves forward.

 

Conclusion

At this point the process is moving forward in each of the branches. While the Church of Scotland voting will be wrapping up in the next couple of months the other two branches will take a bit longer. As I indicated above, I will be taking the PC(USA) voting data and adding that to my database to see what observations we can make about that branch. For the other two there is a paucity of previous votes for statistical comparisons so we can only keep an eye on them as current snapshots of their denomination. We will see what happens.

For All The Saints — All Saints Day 2014

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Come, let us join our friends above
who have obtained the prize,
and on the eagle wings of love
to joys celestial rise.
Let saints on earth unite to sing
with those to glory gone,
for all the servants of our King
in earth and heaven are one.

As is my custom on All Saints Day, I remember and give thanks for those in my life who in the past year have left us in the Church Militant to join the Church Triumphant. While saddened at the loss, they remain in my memory as servants who have faithfully run the race and now have claimed their prize for faithfulness in ministry

Therefore, since we are surrounded by so great a cloud of witnesses…

This year I remember

  • Vincenta, who suffered with much but held tight to the Gospel throughout
  • Hope, who in her own practical and direct way – that could sometimes rub you the wrong way – was nonetheless always the gracious, generous and hospitable hostess
  • Dave, who was so very generous in his time, talents, gifts and service to the local church
  • Jack, who truly laid aside noble birth to serve the Lord Jesus Christ
  • Odessa, who in her lifetime spanning more than a century spent a majority as a pastor’s wife, supporting him, their family and the church in ministry
  • Beth, who likewise counted it an honor and a calling to support her husband in his varied ministries

To God the Most High I give thanks for these saints, for their lives, their examples and the difference they made in this world and the inspiration they have been to me.

One family we dwell in him,
one church above, beneath,
though now divided by the stream,
the narrow stream of death;
one army of the living God,
to his command we bow;
part of his host have crossed the flood,
and part are crossing now.

[Text from Come, Let Us Join Our Friends Above by John Wesley]

Reformation Day Thoughts On A Reforming Pope

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On this Reformation Day I would like to spend a few minutes talking about a pope that is not of the traditional nationality for popes, is an outsider to the Holy See and upon taking office sets his sights on reforming the church starting at the top with the Curia and the administration in Rome and thereby raising resistance and concern from the traditional insiders. Current history? Hardly.

Some of the Reformation era popes are fairly well known. Leo X is remembered as the pope that authorized selling indulgences to finance St. Peter’s and then excommunicated Martin Luther when he complained about it (and some other stuff). Clement VII, who happened to be a cousin of Leo’s, is known for his disagreements with Henry VIII and getting Michelangelo to paint the Last Judgement on the ceiling of the Sistine Chapel. But until I started doing the research for this post I am not sure I was ever aware of Adrian VI whose short papacy lies between those two.

Adriaan Floriszoon Boeyens was a native of Utrecht, now in the Netherlands, and was the last pontefice barbaro, that being a non-Italian pope, until – wait for it – John Paul II. He is also one of only two modern popes to keep his given name upon becoming pope. While highly regarded for his loyalty, intellect and administrative abilities much of his higher church duties were in Spain, which is where he was in January 1522 when the other cardinals elected him. They had reached the conclusion that no one in the room in Rome would receive enough votes and upon considering others Adrian was overwhelmingly elected. When he arrived in Rome to be installed it was the first time he had ever been in Italy.

Adrian had no illusions about the state of the church and immediately set about trying to reform it. One biography describes his efforts and the response like this:

History presents no more pathetic figure than that of this noble pontiff, struggling single-handed against insurmountable difficulties. Through the reckless extravagances of his predecessor, the papal finances were in a sad tangle. Adrian’s efforts to retrench expenses only gained for him from his needy courtiers the epithet of miser.

Another says:

Adrian VI. lost no time in adopting measures designed to put an end to the religious troubles agitating Europe. He rightly began with the Roman Curia, but made slow progress, because the evils which he sought to eradicate were deep seated and of long standing.

One of his immediate challenges was the Diet in Nuremberg where the German princes were gathering and the duty of trying to keep them loyal to Rome fell to the pope’s legate Francesco
Chieregati, Bishop of Teramo. Adrian prepared for him Instructions to be read to the Diet which one source says is a document “unique in the history of the Papacy” and “is of exceptional importance to an understanding of Adrian’s plans of reform, and his opinion of the state of things.” Here is the Instruction delivered to the Diet on 3 January 1523 quoted in an essay written for the 400th anniversary of the Reformation:

“You are also to say,” wrote Adrian to Chieregati, “that we frankly acknowledge that God permits this persecution of His Church on account of the sins of men, and especially of prelates and clergy: of a surety the Lord’s arm is not shortened that He cannot save us, but our sins separate us from Him, so that He does not hear. Holy Scripture declares aloud that the sins of the people are the outcome of the sins of the priesthood; therefore, as Chrysostom declares, when our Saviour wished to cleanse the city of Jerusalem of its sickness, He went first to the Temple to punish the sins of the priests before those of others, like a good physician who heals a disease at its roots. We know well that for many years things deserving of abhorrence have gathered round the Holy See; sacred things have been misused, ordinances transgressed, so that in everything there has been a change for the worse. Thus it is not surprising that the malady has crept down from the head to the members, from the Popes to the hierarchy.

“We all, prelates and clergy, have gone astray from the right way, and for long there is none that has done good; no, not one. To God, therefore, we must give all the glory and humble ourselves before Him; each one of us must consider how he has fallen and be more ready to judge himself than to be judged by God in the day of His wrath. Therefore, in our name, give promises that we shall use all diligence to reform before all things the Roman Curia, whence, perhaps, all these evils have had their origin; thus healing will begin at the source of the sickness. We deem this to be all the more our duty, as the whole world is longing for such reform. The papal dignity was not the object of our ambition, and we would rather have closed our days in the solitude of private life; willingly would we have put aside the tiara; the fear of God alone, the validity of our election. and the dread of schism, decided us to assume the position of Chief Shepherd. We desire to wield our power not as seeking dominion or means for enriching our kindred, but in order to restore to Christ’s bride, the Church, her former beauty, to give help to the oppressed, to uplift men of virtue and learning; above all, to do all that beseems a good shepherd and a successor of blessed Peter.

“Yet let no man wonder if we do not remove all abuses at one blow, for the malady is deeply rooted and takes many forms. We must advance, therefore, step to step, first applying the proper remedies to the most difficult and dangerous evils, so as not by a hurried reform to throw all things into greater confusion than before. Aristotle well says: ‘All sudden changes are dangerous to states.”’

Amazingly frank words about the state of the church coming from the very top. And apparently an admission resulting from the pressure generated by Martin Luther’s calls for change.

A few historical points should be noted about all this. First, the Instruction acknowledges the corruption in the system but the church stood by the doctrinal standards that were also at issue with Martin Luther. In fact, part of the message of the legate to the Diet was for them to stand by and enforce the decision of the Diet of Worms against Luther.

Second, the Instruction was an acknowledgement that Luther and other reformers were correct on certain points and it should come as no surprise that Adrian’s acknowledgement of the need for reform of the system was seized upon by them as validation of those claims that reform was needed.

Third, the work and stress of reforming the church took a heavy and rapid toll on Adrian and from his installation on 31 August 1522 he served barely a year until his death on 14 September 1523. The essay says of his successor, Clement VII, “Although he had given evidence of efficiency and was free from extravagance, yet he lacked decision.”

Yet the need for reform was acknowledged and while the path was not straight and the wheels turned slowly, Adrian’s naming the problems helped pave the way for Clement’s successor, Paul III, to convene the Council of Trent.

Finally, an editorial note: Lest you think that I was being selective in my sources to prove my argument and show the medieval church in a particularly bad light, I would point out that every quote, source and link in this post is from a document from the Roman church. In particular, I was excited to find that collection of essays titled The Reformation: A Series of Articles Published in The Tidings which collected in one volume 24 articles published by the Archdiocese of Los Angeles in their weekly The Tidings from November 1916 to May 1917 in their  recognition of the 400th anniversary of The Reformation. I may not agree with their doctrinal interpretation of the Reformation, but I have found it a rich source of historical information from the Roman perspective. [And for my friends on Twitter and Facebook – this was the unnamed “rabbit hole” that excited me last weekend when I found it and discovered a rich source of information for my Reformation Day post.]

And so with that I wish all my Protestant and Reformed friends a very good Reformation Day. May you always be reforming according to the Word of God and the leading of the Holy Spirit.

New Free Church Of Scotland Moderator-Designate

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A couple of days ago the Free Church of Scotland announced that at the Commission of Assembly meeting the Rev. David Robertson of Dundee was selected as the Moderator-designate for the 2015 General Assembly.

Rev. Robertson is the pastor of St. Peters Free Church in Dundee and director of the Solas Center for Public Christianity.

Rev. Robertson has been at St. Peters for almost 22 years and in that time the congregation has grown from eight people to over two hundred on Sundays now. In addition St. Peters has a sister church plant in St. Andrews and there are plans for one in City of Discovery. His previous, and first, call was to Brora Free Church in Sutherland.

His nomination as the Moderator-designate is made even more notable in light of his life-threatening medical problems in 2011 requiring surgery on his stomach and lungs and a five week stay in the intensive care unit.

Reacting to the appointment, the Free Church article quotes Rev. Robertson as saying:

It is an honour and a privilege to be able to serve in this way, especially at such an exciting time for both the Free Church and Scotland.

We are a growing and developing church, reversing the trend in a society which is becoming increasingly secularised and in a nation which is seeing significant changes.

My hope is that the Free Church will continue to bring the Good News to all the people of Scotland and beyond and that the Lord will use us as salt and light to help his people, of whatever denomination, and to see Scotland return to its Christian foundations.

Typically, for a Moderator-designate article I would stop here giving my best wishes and prayers and be done. But those who are familiar with Rev. Robertson’s work know there is much more to the story. To the wider community in Scotland he may be the most recognized minister in the Free Church. As the press release says:

David is widely regarded as one of Scotland’s boldest Christian broadcasters, regularly taking on atheists at media and student union events, as well as an increasingly popular author on persuasive evangelism for Christians.

And maybe you recognize him from his blogging and tweeting as @theweeflea. And the paragraph above is being very diplomatic when it says “one of Scotland’s boldest.” He is not afraid to engage ANYONE for the cause of the Gospel and has developed a reputation for that which is viewed differently depending on your perspective.

There is a great insight into Rev. Robertson in an article in the Press and Journal where former Moderator Rev. David Meredith says of him:

David has the uncanny knack of speaking about the ‘elephant in the room’ and his recent illness, which brought him to the very gates of death, have made him impatient with cant and bluster.

He is a man who realises that life is brief and eternity is endless and I have no hesitation in saying that he is one of the most godly people I know.

In light of how he is viewed in various sectors of society I have been intrigued with how his nomination has been cast in the headlines. A few samples…

New Free Church of Scotland Moderator announced – Premier Christian Radio (Straight forward, no spin)

‘Visionary’ named as new moderator of Free Church – Press and Journal (But you have to read far into the article to realize those are probably not scare quotes but just requoting a description from the article?)

Outspoken Dundee minister named Free Church Moderator – Herald Scotland

Anti-gay minister named Free Church Moderator – KaleidoScot (Considering the Free Church’s ordination standards and position against same-sex marriage this news outlet could probably use this headline for any Free Church Moderator-designate. On the other hand, they consider Rev. Robertson’s outspoken nature particularly detrimental to the civility of the debate and sending a message to the Church of Scotland at this time.)

UPDATE: Regarding that last article, KaleidoScot has published a response from Rev. Robertson.

So as we look forward to the 2015 General Assembly we can probably say with some confidence that it will be an interesting year. Our prayers are with Rev. Robertson for the time of preparation, his work moderating the General Assembly and for his moderatorial year. Our congratulations and best wishes.

Presbyterian Church Of Aotearoa New Zealand 2014 Assembly Week

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10398703_126651710107_3734627_nAs we find ourselves in October we have the opportunity for one last General Assembly this year as the Presbyterian Church of Aotearoa New Zealand gathers at Saint Kentigern College in Auckland.

But this gathering is different than years past as it puts more emphasis on community and less on business, having been rebranded as Assembly Week. (Actually, five days from 3 October to 7 October.)

F_6303_PRE_Assembly_Week_logo_Colour-01_MedThe Moderator-designate, Andrew Norton, describes the week on the web page:

This year for the first time the Presbyterian Church of Aotearoa New Zealand is having an Assembly Week. One part of the Assembly Week will be what we have known as the General Assembly, this is where the discerning and decision making is done (by commissioners) – but that’s just the beginning!

Assembly Week will also have a full conference known as Inspiring Mission that is open to everyone within our Church family.

When General Assembly 2012 voted to have an Assembly Week and invited me to lead as moderator I started listening! I heard the cries of pain of how we have hurt one another through our debates, I heard expressions of hope that we could be a Church recaptured again by the mission of God and I heard the hunger for belonging and the thirst for inspiration and resourcing. It is my prayer that Assembly Week 2014 will touch and heal our hurts, will inspire us in God’s mission and nourish our souls in a community of prayer and belonging.

In addition to the usual business meetings of the Assembly there is another full program of Assembly week events, some of which run concurrently with the business. In addition, there are four speakers presenting keynote talks, headlined by the Rev. Dr. Steve Taylor, Principal of the Uniting College for Leadership and Theology in South Australia. The theme of his three studies, all drawn from the Gospel of Luke, will be “Hospitality – your place or mine?”

But wait, there is more… For the first time a National Youth Gathering will also be part of Assembly Week.

A lot going on, and in the midst of it all a General Assembly. Here is what you need to know:

  • Reports are for commissioners only and they can download them from the White Book page
  • Does not look like there will be live streaming or posted updates, but from one of the Assembly pages you can sign up for emailed updates. Keep an eye also on the News Archive page for meeting items that may be posted there. And there is a news feed on the Assembly Week site.
  • UPDATE: Daily news pages are being created like this one for Saturday (and did someone get mixed up on the date?)
  • However, if you want their polity documents the Statements of Faith and the Book of Order are available for download. The For Parishes page has a number of other resources that a GA Junkie might find interesting.

To follow along on social media probably the first place to start is the PCANZ Facebook Page. In addition, the new Moderator, Rev. Norton, has an official web site and blog that could make for interesting reading.

For Twitter, I am not aware of an official Twitter feed for the PCANZ and so far I have found little conversation about the meeting. I would point you to Jason Goroncy (@jasongoroncy) who is typically actively tweeting and who is using the hashtag #GA14 for the meeting. As usual, I will update if I see additional conversations of interest.

I look forward with interest to see how this larger gathering works out. It is an attractive idea and if the proper balance can be struck between the business meeting and the learning and inspirational workshops and events it will be a model worth repeating and exporting elsewhere.

Best wishes and our prayers are with you for the next few days.

Presbyterian News Headlines For The Second Half Of August 2014

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Here are some of the items that caught my attention in the latter half of August…

This was a time of General Assemblies in African Presbyterian branches. Let me begin with a few headlines out of the 14th General Assembly of the Presbyterian Church in Ghana:

Handover establishment of 200 SHS to churches – Presby Moderator – from GhanaWeb; (SHS = Senior High Schools)

On Christian Education, “Yes” And “No,” Rt.-Rev. Martey – from GhanaWeb; (a comment on the above story by a Ghanian minister in the US)

In addition, the Evangelical Presbyterian Church of Ghana held their General Assembly. Some interesting headlines from that:

New Moderator For E.P Church – from spyGhana; Reverend Dr Seth Senyo Agidi elected for a six year term

Elect Leaders Who Uphold Moral Values – Rt Rev Francis Amenu – from Ghana Broadcasting Corporation; comments by the outgoing Moderator

E.P Church to double membership in six years – from GhanaWeb; the growth goal for the church

EP Church to Adopt Witches’ Camps – from Ghana Broadcasting Corporation; this is an article with an overview of the GA and a later article from GhanaWeb focuses just on this issue and begins:  “The Evangelical Presbyterian Church of Ghana (EPCG) has adopted the Ngani Witches Camp, one of the witches’ camps in the Northern Region to support the inmates to liberate them from poverty. The people in the camps are mostly aged women who have been accused of witchcraft, and therefore, have been abandoned by their families and the society. Due to the neglect, they live in deplorable conditions as they lack basic amenities such as shelter and clothing, as well as food and water.”

Articles on the General Assembly of the Presbyterian Church of Nigeria:

Presbyterian Church marks 168 years, urges unity – from Infos

Nigeria: Presbyterian Church Institutes Fund On Chibok Girls – from allAfrica; “The Presbyterian Church of Nigeria has announced that in keeping with the Church’s spirit of Christian charity and in support of President Goodluck Jonathan’s initiative in setting up a special Fund in aid of victims of Boko Haram insurgency and other social upheavals, the Church has set up a Fund toward the rehabilitation of the Chibok girls when they are eventually rescued.”

In other headlines:

Malawi: APM Hails Livingstonia Synod of the CCAP Church – from allAfrica; a positive meeting between church leaders and the country’s president looking for avenues of cooperation

Investors urged to be ethical – from GhanaWeb; Comments by the Moderator of the GA at the launch of a financial company

The Texas Historical Commission recognizes the First Presbyterian Church of Brazoria – from The Facts (subscription); the church gets a state historical marker

And finally, a high-profile change in Presbyterian media circles as Jack Haberer leaves his post as editor of the Presbyterian Outlook to return to parish ministry in Florida:

Breaking News Letters from The Presbyterian Outlook’s Editor Jack Haberer and Board of Directors President Christopher Edmonston – from The Presbyterian Outlook

Best wishes to Jack as he takes on this call.

Decision In Scotland

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In just a few hours the citizens of Scotland will go to the polls to answer the question “Should Scotland be an independent country?” According to the most recent polls “No” still leads, but by a statistically insignificant 4 percentage points while “Yes” has been rising rapidly in the last couple of weeks. So in a decision that is too close to call we will have to wait until 6 AM Friday in Scotland to know the results.

While at first glance this may seem like a political decision, the results carry consequences and uncertainty for the churches. The referendum is essentially asking whether to repeal the Treaty of Union of 1707 as adopted by the Acts of Union by Scotland and England. The Acts have 25 articles, some of which have been repealed individually. But Article 25, by far the longest, is the one that guarantees that Scotland will have their own religious identity and adopts the Presbyterian form of church government. The Article says in part:

And Her Majesty with advice and consent foresaid expressly Provides and Declares That the foresaid True Protestant Religion contained in the above-mentioned Confession of Faith with the form and purity of Worship presently in use within this Church and its Presbyterian Church Government and Discipline that is to say the Government of the Church by Kirk Sessions, Presbytries, Provincial Synods and Generall Assemblies all established by the forsaid Acts of Parliament pursuant to the Claim of Right shall Remain and Continue unalterable and that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland.

It was the place of the Kirk in the national legislation that initially seemed to hold the attention of the Church of Scotland and at their 2013 General Assembly three committees reported on various aspects of independence and possible implications for the Kirk. Maybe the recommendation, or interpretation, that got the most traction was the idea that future monarchs should have a second coronation in Scotland. But also coming out of that Assembly was the idea that the Kirk would be involved in fostering respectful debate on the topic without taking a position on independence itself.

It was in this spirit that the Church of Scotland General Assembly this year set aside an afternoon for a public discussion in the Assembly Chamber. In the debate the Rev. Dr. Doug Gay of the University of Glasgow spoke for the yes position, Douglas Alexander MP spoke for the no side, and former Moderator of the General Assembly Alison Elliot OBE represented undecided voters and asked some probing questions on their behalf. A fourth speaker, John Sturrock QC, had the unenviable task of summarizing at the end.

The afternoon was lauded as a model of civil and respectful discussion on the topic and the video of the event has been preserved on the Kirk web site.

From watching the event I was struck by how it dealt with topics and issues of concern to the whole of Scotland in both the civil and secular realms. Yes, issues of social justice and themes of church and society were certainly present, but this was a discussion about the national implications.

[As an aside, it is clear from the polling numbers that the vast majority of those in Scotland do not view this decision as one of nationalism but of finding the better system.]

That evening there was a similar debate held at the General Assembly of the Free Church of Scotland. Former Moderator of the General Assembly the Rev. Dr. John Ross presented the unionist side (no) while solicitor Mr. Neil D.M. MacLeod presented the nationalist (yes) side.

This debate formed a nice counter-point to the afternoon event as it focused on the religious implications of the vote. Among the points of discussion was Article 25 which I mentioned above and what would happen to churches and religious protections if a newly independent Scotland were writing a constitution from scratch. Here are a few of the arguments are presented in the article (here edited for length):

Setting out his position, Rev Dr John Ross said that in September “we run the risk of altering Scotland’s Christian landscape beyond recognition”.

The Glenurquhart and Fort Augustus minister explained: “Since the Reformation of 1560, Presbyterian Christianity’s place has been close to the centre of political and public life.

“For 450 years, through a formal compact between Church and state, Presbyterianism has helped shape our national destiny.

“Now in the name of inclusion and equality this ancient prerogative is to be repudiated.

“The fact of the matter is, that despite a majority of Scottish people considering themselves to be Christian, in a future independent Scotland, as a matter of public policy, and for the first time since the Reformation, Christianity is likely to be officially marginalised, deprived of its status as the national religion.”

On the other side…

Mr Neil DM Macleod responded: “Britain has promoted secularism, moral relativism and the cheapening of life.

“Abortion, Sunday Trading, the destruction of family life have led to a broken Britain.

“You have the choice of change for an uncertain future where a ‘no’ vote means the Church has no voice, where a growing pace of change will push the church to the fringe, and our influence is no better that a bowling club.

“Or you have the choice to vote ‘yes’ for positive change, where the church articulates a clear vision of the place it should have in the nation state; what other rights would we want to see, for example whether the church should advocate for protections for freedom of religion or freedom of worship.”

He concluded by saying change is coming to Scotland, and “the question is whether Church is willing to play its part in that process of change”.

As a follow-up the next morning the Assembly of the Free Church heard from Communities Minister Roseanna Cunningham who spoke positively of the place of religion  in a post-referendum Scotland. She expressed her assurance that the government wanted to work with Christian groups and that “the Scottish Government recognised the important role of the Church and the wider Christian community, even if they took a different position on legislative matters.”

In the time since the General Assemblies there have been a couple of notable developments. The first was in late August when a group of Church of Scotland ministers signed an open letter endorsing independence. While completely within their right to do as individuals the Moderator of the General Assembly did issue a statement to clarify that they were taking a personal position and the official position of the Kirk was neutrality on the issue.

The second development was another evening of respectful dialogue sponsored by the Church of Scotland. This time it was in Glasgow and carried live on stv. Again, the video is available through the Kirk web site.

From here the Church of Scotland is focusing on reconciliation following the referendum. This includes the Moderator giving a prayer for unity and message of reconciliation last Sunday that was broadcast on BBC radio, An appeal today to use a “ONE” logo as a sign of unity (although its resemblance to the yes logo is hard to overlook). And a message from the Moderator discussing his vision for reconciliation and how others can help, including his plans for a major service of reconciliation at St. Giles this coming Sunday with the anticipation that many of the major figures in the debate would participate. With the vote likely to be close and 97% of the electorate – which has been modified to include those down to age 16 – registered to participate, there are likely to be strong emotions afterwards. [UPDATE: As the day gets under way there are also many signs of understanding whatever the position of the neighbour or the outcome of the vote.]

The Free Church is also officially neutral but they have issued a piece on “How should Christians vote in the independence referendum?” that does not take sides but presents some Biblical principles to keep in mind. They also issued a second piece today on “Praying for Scotland.”

Finally, the Reformed Presbyterian Church of Scotland has taken the stand, laid out in a position paper, that both alternatives are flawed and their recommendation is to abstain from the vote.

So truly our prayers are with Scotland for the referendum vote tomorrow (actually it is already the 18th in Scotland as I publish this). May God guide the citizenry to discern wisely in what will be a historic and unique moment in their history.

But to close with something a bit lighter, the Herald ran a political cartoon today that probably sums up the feelings of much of the population, one way or another, on this day before the vote.

A Property Settlement In Texas

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My most recent post was on “A Matter of Perspective.” Well, as I read the news from Texas yesterday there were certainly multiple perspectives, some might go as far as to call it spin, in the different accounts of a recent property settlement.

The news was that Highland Park Presbyterian Church and Grace Presbytery had reached a mediated settlement in a civil suit brought by the church that allows Highland Park to leave the Presbyterian Church (U.S.A.) and join ECO: A Covenant Order of Evangelical Presbyterians with its property. The headline in the press is that the monetary portion of the agreement has Highland Park paying the Presbytery $7.8 million in the settlement.

What initially caught my attention were the statements from each side with each one having a favorable spin. The church’s statement begins:

After much deliberation and prayer, last night HPPC’s elders, trustees and pastors unanimously approved the settlement agreement previously approved by Grace Presbytery over the ongoing property litigation. This resolves once and for all that the congregation of Highland Park Presbyterian Church owns and controls the assets of Highland Park Presbyterian Church, free and clear of any claims by the PC(USA). This result achieves HPPC’s goal in the litigation of clarifying its exclusive ownership and control of its property.

The Presbytery statement (which is reproduced on the PC(USA) news page) lede is:

Highland Park Presbyterian Church will pay $7.8 million to Grace Presbytery in order to obtain both a release of its obligations under the Presbyterian Church (U.S.A.)’s trust clause and ecclesiastical dismissal from the denomination.

And as you might expect you will not find the term “trust clause” in the church’s statement although it is mentioned by the pastor in his video on that page.

The other wording that caught my attention was how the monetary settlement was presented, or spun if you will. There is no question that it is $7.8 million and we are not told whether there is a breakdown for real estate, other assets and past or future per capita or mission giving. But the Presbytery describes the amount as “The $7.8 million settlement figure represents 26% of Highland Park’s “approximately thirty million dollars” of property, as alleged in Paragraph 18 of Highland Park’s amended petition filed in the lawsuit.” By contrast the church statement says “In the settlement, HPPC has agreed to pay Grace Presbytery $7.8 million, or 11% of the fair market value of the approximately $70 million of assets that were at issue in the litigation.”

And both sides cite their experts about the strength of their claims. In an April update the church says “Based on a review of HPPC records from 1925 through the most recent Texas Supreme Court rulings, Prof. Johanson states without a doubt that HPPC holds title to all of its church property and that none of it is subject to any trust agreement with the PC(USA) or Grace Presbytery.” Similarly, the presbytery settlement announcement has the line “Ultimately, three experts in Texas trust law retained by Grace Presbytery agreed that Highland Park’s agreement to hold its property in trust for the use and benefit of the denomination was enforceable under neutral principles of Texas law. ”

Since Highland Park initiated the lawsuit it is interesting to consider their reasons for settling at this time. The stated purpose of the lawsuit was to clarify the nature of the trust clause and ownership of their property under Texas law – something that is not clear at this time as I will discuss in a minute. A follow-up letter from the session provides some additional reasons including that the legal filing will provide a shield and time for the church to look at its options.

In the video statement from the Pastor and Head of Staff TE Bryan Dunagan regarding the settlement he does talk about the witness of the legal proceedings saying:

“We believe that it would not be a good witness to the community of Dallas to allow this litigation to run its course in the court system. Moving forward with a prolonged court battle would jeopardize our mission, our outreach efforts and our ongoing ministry for years to come.”

While I accept and respect that statement, for those of us that have been through this we know there are also plenty of practical reasons to settle. In particular it allows the church to put the case behind them and move on. It is also a matter of counting the cost: What are the chances of prevailing in the courts a couple of years from now versus what can we settle for now.

In the end each side seems to have gotten an important result. The church has gotten their dismissal with property from the PC(USA) and in the $7.8 million payment the presbytery – and by extension the denomination – has gotten a tacit acknowledgement of the trust clause.

Which brings us to the future of the trust clause in Texas…

The most advanced case regarding the trust clause and the application of Texas’ neutral principles test is a case in The Episcopal Church – Masterson and others v. Diocese of Northwest Texas and others. In the trial court the Diocese, representing The Episcopal Church, was granted summary judgement and on appeal it was affirmed. However, the Texas Supreme Court in their decision considered the issue in light of neutral principles, overturned the summary judgement and sent it back down to the trial court for a full hearing.

While Highland Park mentions this decision as a favorable sign for them in their early communication, I don’t think a particular church in a hierarchical denomination in Texas should jump to conclusions too quickly.

Let me begin by saying that I found the court decision, written by Justice Johnson, an interesting read and actually a great primer on the legal theories of church property law and their development.

When the decision gets to its final summary of Texas law, it says this (pg. 18-19, emphasis added):

The method by which this Court addressed the issues in [ a previous Texas case Brown v. Clark, 1909, ] remains the appropriate method for Texas courts to address such issues. Courts do not have jurisdiction to decide questions of an ecclesiastical or inherently religious nature, so as to those questions they must defer to decisions of appropriate ecclesiastical decision makers. But Texas courts are bound to exercise jurisdiction vested in them by the Texas Constitution and cannot delegate their judicial prerogative where jurisdiction exists. Properly exercising jurisdiction requires courts to apply neutral principles of law to non-ecclesiastical issues involving religious entities in the same manner as they apply those principles to other entities and issues. Thus, courts are to apply neutral principles of law to issues such as land titles, trusts, and corporate formation, governance, and dissolution, even when religious entities are involved.

We recognize that differences between ecclesiastical and non-ecclesiastical issues will not always be distinct, and that many disputes of the type before us will require courts to analyze church documents and organizational structures to some degree. Further, deferring to decisions of ecclesiastical bodies in matters reserved to them by the First Amendment may, in some instances, effectively determine the property rights in question. See Milivojevich, 426 U.S. at 709-10; Brown,116 S.W. at 364-65. Nevertheless, in our view the neutral principles methodology simply requires courts to conform to fundamental principles: they fulfill their constitutional obligation to exercise jurisdiction where it exists, yet refrain from exercising jurisdiction where it does not exist. The neutral principles methodology also respects and enforces the manner in which religious entities and their adherents choose to structure their organizations and their property rights in the same manner as those structures and rights are respected and enforced for other persons and entities.

As I read this decision, and particularly the highlighted section of the second paragraph, the high court seems to be leaving open the possibility that in a hierarchical denomination the ecclesiastical structure could be considered off limits to the courts and as such may  “…effectively determine the property rights in question.” This will of course have to go to trial in the Masterson case and then most likely be tested and interpreted on multiple rounds of appeal. But the hole the Texas Supreme Court decision seems to leave for ecclesiastical independence might be large enough that this decision is not a simple win for neutral principles but could be much more complicated.

So with Highland Park out of the legal mix that won’t be a Presbyterian test case for Texas, but it will be interesting to see how the Masterson case ends up as it winds its way back through the courts over the next couple of years.

So as each party in this dispute finds something positive in the settlement and the case is ultimately kept from going to trial, we wish them all well and we will see how the legal landscape in Texas develops.

UPDATE: After publishing this two other items were published that relate to this:

An article in the Christian Post has quotes from the church’s communications director and says that the $7.8 million figure was arrived at by taking the $70 million fair market value of the assets and taking 11% of that based on the percentage of members who voted “no”.

On the Layman website Carmen Fowler Laberge asks “Why did Highland Park settle?” and has an analysis much like mine above, although she reaches slightly different conclusions.

A Matter Of Perspective

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Long-time readers of my blog probably understand that this was an exciting weekend for me. Between the increasing seismic activity beneath the glacier in Iceland the the possible volcanic eruption yesterday and then the northern California earthquake today there was a lot of active geologic activity. Yes, that is my actual profession – playing with Presbyterianism as I do on this blog is a side line.

Now, both of these are significant geologic events and the earthquake this morning in the Napa area is directly related to my research on California seismic hazard. But when these events occur I have to scratch my head a little bit about the perspective from here in the States (I can’t speak for readers in other parts of the world). As a specialist I see a bigger picture that is not present in the media accounts around me.

For example, where was the largest earthquake in the world this weekend? It was not Napa, but rather a 6.4 yesterday near Hacienda La Calera, Chile. Interestingly the reports so far indicate there were more injuries and more severe ones from the Napa quake than the Chile quake. Why so? If I had to make an educated judgement it would be that the population in Chile has been through enough large earthquakes over the years that building strength and population preparedness is better than for California. [Ed. Note – as I was editing this an M7.0 (preliminary) earthquake happened in Peru. See how much coverage that gets.]

But what about volcanoes, what’s up with them? Well, the most recent weekly bulletin from the Smithsonian/USGS Volcanic Activity Report lists 20 volcanoes in various stages of eruption. Some are ongoing like Kilauea which just keeps on erupting, doesn’t really explode and after a couple decades has pretty much cleared out all the structures that were in the area. But did you hear about Fuego in Guatemala? While it has rumbled for a while it had a particularly active phase earlier this month and the description in the Latin American Herald Tribune included these paragraphs:

GUATEMALA – Guatemala’s Fire volcano was spewing huge columns of ash and smoke in hourly eruptions as it came back to life after a period of moderate activity, officials reported.

and

The Insivumeh said the volcano was “belching out huge columns of grey ash” up to a height of 4,300 meters above sea level and at a distance of 12 kilometers (7½ miles).

The nearby villages of Morelia, Santa Sofia and Yepocapa were covered with ash from the eruptions.

Yes, there are people around the world that live in the shadow of perpetually active volcanoes.

And my point is…?

When I got into geology I had a professor who spoke of the “magic eyes of a geologist” and how we would never look at the scenery the same way again. He was absolutely correct – when I look at the landscape as a trained geologist I see things others don’t see and we may see the same things but I my training has me see them differently. And my family members in other disciplines are the same way as they see things through their lenses and filters.

Similarly with the news. I don’t watch a single news feed but actively seek out a variety sources of information about active geologic activity around the world. And right next to it I have my multiple sources of information regarding Presbyterians around the world for my hobby of writing this blog.

But the narrow focus of the mainstream media coverage around me this weekend reminded me of a number of things about perspective.

First, we must sometimes be deliberate in seeking out a broad range of sources to get the big picture.

Second, even with multiple sources our background, experiences and training impose on us lenses or filters that may help us see some or all of the situation more clearly or in a bigger context. In addition, at the same time we may see one part more clearly our increased focus in that area may distract us from other areas. [As a side note, this is the major strength of Presbyterianism as we bring the community together to listen to each other as we bring our own strengths to the table and then discern and decide as a group using all our collective talents and stories.]

Finally, even with deliberate effort we must recognize that we can not know everything, that we have limitations and blind spots, and graciously confess that and then look for opportunities to try to fill in those gaps.

When I originally outlined this reflection I was going to put in a case study here at the end but I will leave that as an exercise for the reader. As you have probably figured out this reflection is not really about earthquakes and volcanoes. It is about how we as the Body of Christ respond to the situations around us. There is so much going on in the world right now, so many situations where there are multiple points of view, some of which our filters and lenses let us understand and some where they get in the way. This is a challenge, maybe even a charge, to the reader to try to find a way to set filters and lenses aside, or redirect them, see another perspective in a situation, no matter how much you may not agree with it. The point is not agreement but rather understanding.

Update: Shortly after publishing this I came across a quote from Aristotle that may sum it up better – “It is the mark of an educated mind to be able to entertain a thought without accepting it.”

May God bless your efforts at seeing things with a different perspective.