Category Archives: civil litigation

Top Ten Presbyterian News Topics Of 2015

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Once again, as I think back on the year and review what has happened I decided to make a list of the different themes that stood out to me from different Presbyterian branches. Here, in no particular order, is my list. Your list may vary.

Racial Reconciliation

One of the more dramatic moments in a Presbyterian General Assembly this year occurred at the 43rd General Assembly of the Presbyterian Church in America. A good narration of the action comes from Travis Hutchinson’s blog. He begins his post with this description of the personal resolution offered from the floor of the Assembly:

Mississippi Teaching Elders, Drs Sean Lucas and Ligon Duncan entered a personal resolution at the beginning of the Assembly which acknowledged the involvement of our denomination (and our predecessor denomination) in promoting racism and failing to act to support the goals of the Civil Rights movement. It encouraged us to seek repentance and carry this message to our local churches. The resolution was referred to our Overtures Committee for a recommendation.

The Overtures Committee recommended referring it to the next GA to allow for it to be perfected but when it returned to the floor it was clear that many commissioners felt making the statement at the current Assembly was a more important action than waiting for refinement. But in that parallel universe that is Standing Rules and Parliamentary Procedure the choice before the Assembly was not to adopt the original motion but to refer it back to the Overtures Committee or refer it to the next GA. After much debate, a couple of votes and not a small amount of prayer the Assembly voted to send it to the next Assembly. Then a protest was filed “expressing [personal] confession of sin and hope for repentance.” Over 200 of the commissioners signed onto the protest according to the official news item. Another detailed description of the Assembly action on this item can be found on TE Timothy R. LeCroy’s blog.

Other news in this topic includes the continued work of the Reformed African American Network, the formation of the African American Presbyterian Fellowship within the PCA’s Mission to North America ministries, and the PC(USA) has launched an anti-racism campaign.

In the PC(USA) the presbyteries approved the addition of the Confession of Belhar to the Book of Confessions leaving only the final approval of the 222nd General Assembly in 2016.

Finally, in Canada, a Truth and Reconciliation Commission has been working with the indigenous peoples and at the release of their final report the Moderator of the General Assembly of the Presbyterian Church in Canada made a statement that acknowledged the pain of the past while expressing hope for the future.

 

Mass Shootings and Gun Violence

With several high-profile mass shootings in the U.S. this year it may be impossible to chronicle every Presbyterian connection. But two in particular caught my attention. The first was the shootings at Charleston’s Emmanuel AME Church in June. Among many connections, the church has had a long and close connection to Second Presbyterian next door. I chronicled some of the many connections in a headlines piece at the time. The other tragedy was the recent San Bernardino shootings close to where I live and several friends were mentioned in local news stories about responses and pastoral care. The PC(USA) issued both a pastoral letter as well as an initial and then a follow-up news article.

In addition, the Vice-Moderator of the General Assembly, Larissa Kwong Abazia, issued her own personal statement about the situation and asking the denomination to seek ways to respond to gun violence in general. In addition, in light of all the shootings it was a year in which the PC(USA) film about gun violence, “Trigger“, was highlighted.

As I said above, there were multiple incidents world-wide and that same June Headlines piece also contained links to several stories about a terrorist attack in Tunisia that killed adherents from the Church of Scotland.

 

Presbyterian denominations and same-gender relationships

This was an issue across many Presbyterian branches this year with the General Assembly of the Presbyterian Church in Canada beginning a study process to consider making their standards more inclusive and the General Assembly of the Church of Scotland debating and sending to the presbyteries under the Barrier Act the proposed changes to their governing documents. For the Canadian church the study documents have been released. In the case of the Kirk the indication is the changes to the Acts and Proceedings have been approved by a majority of the presbyteries but the results will not be certified until next year.

In the American Presbyterian church, the PC(USA) presbyteries approved a change in the definition of marriage in the Directory for Worship in the Book of Order. That change went into effect at the end of June and in early September the chapel at the PC(USA) national offices hosted its first same-gender wedding ceremony.

 

Reaction within the Presbyterian family to same-sex marriage decisions

The reaction to these decisions is worthy of its own item in the list with the reaction to the PC(USA) decision being swift and wide-spread. Within two weeks of the vote total being reached the National Black Church Initiative cut ties with the PC(USA) over the vote. A couple of months later the Independent Presbyterian Church of Brazil (IPIB) and the Evangelical Presbyterian and Reformed Church of Peru (IEPRP) ended mission partnerships on the national level. The PC(USA) has issued a news article acknowledging these breaks but also saying that other mission partners have decided to continue the partnerships.

Elsewhere, the decision by the Church of Scotland was a concern in the Presbyterian Church of Ireland which initially expressed “deep sorrow” at the decision and during their General Assembly decided that they would not send a representative to the Kirk’s 2016 General Assembly. Outside the Presbyterian family the Russian Orthodox Church has broken off ecumenical discussions with the Church of Scotland over this.

 

Shifting between Reformed branches

The movement of churches between different Presbyterian and Reformed branches continues unabated. ECO: A Covenant Order of Evangelical Presbyterians announced that their membership had grown to over 240 churches, most are congregations that have departed the PC(USA). In Scotland the Free Church continues to see a few congregations and ministers wishing to move from the Church of Scotland. In addition, a few churches completed the process of transferring from the Reformed Church in America to the PCA.

 

Property

With shifts in Reformed branches comes the question of taking or leaving property. Those moving from the Church of Scotland to the Free Church typically do not get to take it. University Reformed Church was assessed about $300,000 to take their campus to the PCA.

But bigger and more plentiful property disputes came from churches departing the PC(USA) including congregations that walked away, were graciously dismissed with a payment, kept their property in civil suits, lost their property in civil suits, and one of the more unusual cases where the court awarded the property to the PC(USA) faction of the congregation but not on behalf of the presbytery.

Other interesting property cases include a very convoluted property case in California with the KAPC and a case in Malawi where the Church of Central Africa Presbyterian (CCAP) “sued itself” over property.

 

Presbyterian branches working together

Particularly in light of very recent developments this might qualify as the most interesting topic of the year.

Let me begin with the Cumberland Presbyterian Church and the Cumberland Presbyterian Church in America whose Unification Task Force is on track to bring a proposed set of bylaws to the 2016 General Assembly. This would put the two denominations on track to make final approvals in 2017 and unite in a single general assembly in 2018.

While not a move with unification in sight, the Reformed Presbyterian Church of North America and the Associate Reformed Presbyterian Church held their General Synods jointly in a move to strengthen the ties between these two streams of American Presbyterianism. For those not aware, each of these branches traces their heritage back to Scotland separately and apart from the mainstream branch of American Presbyterianism.

Finally, in a move that is not between two Presbyterian branches but between two national churches, the Church of Scotland and the Church of England just formally announced their intent to be more intentional in their joint work in what they are calling the Columba Declaration. This was followed by the Church of England’s Anglican partner in Scotland, the Scottish Episcopal Church, issuing something of a “what about us” statement.

 

Refugees

In putting this list together it seemed at times that I could have filled it with humanitarian crises. But if there is one that that Presbyterians world-wide seemed not just outspoken about but responsive to it would be the Middle East refugee crisis.

Regarding statements, these came from all quarters including the Presbyterian Church in Ireland, the Presbyterian Church in Canada, the Free Church of Scotland, the Church of Scotland, the Presbyterian Church of Aotearoa New Zealand, and the PC(USA), and many others.

In terms of action, there are accounts of relief and resettlement efforts all over the news. The Presbyterian Church in Ireland is partnering with the Hungarian Reformed Church. Presbyterian churches are among those across Canada ready to help resettle refugees. Similar things can be said for the U.S. where, among many towns and churches, Trinity Presbyterian in Atlanta is ready to sponsor two families. And in Princeton, NJ, Nassau Presbyterian Church and the Seminary are working together to help resettle a family.

And we also have the account of a PC(USA) group traveling to Turkey and seeing relief efforts first hand as they worked in a local soup kitchen and food pantry to help feed Syrian refugees.

In another refugee story, the final Central American individual who found sanctuary at Southside Presbyterian Church in Tucson was able to go home after 15 months under a confidential agreement. However, with an announced round of deportations coming up the church, with others, has responded that they are ready to offer sanctuary to more refugees who fear for their lives if they are deported.

 

Membership trends continue

Not much new to say here. As with all the mainstream churches in the U.S., the PC(USA) membership decline continues with a loss of 2.1% in the number of congregations and a 5.3% decline in the total membership. What is interesting, at least to me, is that when normalized and compared the membership decline in the PC(USA) over the last decade is very similar to the decline in the Church of Scotland.

 

Publications and Media

Not sure what it was this year but publications and media, particularly those recognized with awards and honors, seemed to catch my attention more than most years.

Let me begin with the Learn resources from the Church of Scotland, particularly the Learn Eldership book that I reviewed last spring. It has been joined by two additional pieces – hard to call the relatively short How Will Our Children Have Faith? a book – that I might get time to review in the future.

But the series in general, and the Learn Eldership in particular, have been recognized by different organizations. In addition to being a best seller, Eldership was a finalist in the Publications category of the Scottish Creative Awards. It was also recognized in the Innovation category as being among the crème-de-la crème of Scottish magazines in the Scottish Magazine Awards.

From Westminster John Knox Press we have a winner of the 2015 Christianity Today Book Awards in the Theology/Ethics category. It is Faith Speaking Understanding: Performing the Drama of Doctrine by Kevin J. Vanhoozer. (Yes, technically announced in 2014 but awarded in 2015)

I would also include in this topic the just-released book by Dr. Sean Michael Lucas, For A Continuing Church: The roots of the Presbyterian Church in America. It is described as the “first full scholarly account of the theological and social forces that brought about [the PCA’s] creation.”

Finally, two films directed by PC(USA) Presbyterian Disaster Assistance agency photojournalist David Barnhart have been invited to the Beaufort International Film Festival in February. The films are “Kepulihan: When the Waters Recede” about the aftermath of the 2004 Indonesian Tsunami and “Locked in a Box” about immigration detention facilities.

 

So there you have my list of what caught my attention.

Some of you may be wondering where all the issues that were happening in Louisville are? In my list above I tried to capture more broad themes and those are more denomination specific. But, to add them here the news out of Louisville included: an outside audit of cost overruns at the last Presbyterian Youth Triennium; continued investigation, dismissals and lawsuits related to the New Church Initiative fiscal management; the departure of Linda Valentine and hiring of Tony de la Rosa in the Executive Director position; the search for a new Stated Clerk and Gradye Parsons announcing he would not apply again; and the Presbyterian Mission Agency’s own budget crisis.

For more information specific to the PC(USA) you can check out the Presbyterian Outlook’s list of top stories. For that matter, the Free Church of Scotland has their own year in review, and the Church of Scotland Mission and Discipleship agency has one as well.

And so I hope that 2015 was a good year for you and my prayers for all of you for a good 2016. My year will start out on a very high note, so stay tuned for that. Until then

Happy New Year and a Joyful Hogmanay

Brief Note On A California KAPC Civil Appeals Court Decision

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About a week ago a California appellate court handed down a decision affirming the trial court decision in the case of Jun Ki Kim et al. (Respondents) v The True Church Members Of The Holy Hill Community Church et al. (Appellants). From here I will use the annotation of Kim v. Church for the parties. The particular church at the center of this is in the Los Angeles area and a member of the Western California Presbytery (WCP) of the Korean American Presbyterian Church (KAPC). The two sides have been involved in a dispute over the church leadership and membership in the WCP since early 2011 which has resulted in a bit of a long and complex ecclesiastical and civil saga.

I am going to keep this relatively brief, or at least not dissect this decision as much as I commonly do, for two reasons. First, the history of the dispute and the presbytery involvement is complicated. In the time frame of the complaint each side has alternately been excommunicated by the presbytery and recognized by the presbytery as the true church. At the present time the Kim group is supported by the presbytery and the Church group is out. In addition, each group when they were in control tried to withdraw from the presbytery and the presbytery did not approve of their actions. Whether a KAPC church can take the action unilaterally I am not sure as I have not found an English language translation of their Book of Church Order (BOCO) to consult.

However, in the end the pivotal event of consequence to the trial was the Church group calling a congregational meeting to vote on whether to secede from the WCP, which they did. The presbytery did not recognize that vote, removed the church leadership, excommunicated the Church side in the dispute and brought the Kim side back into the church and the presbytery. The Church side alleged that the presbytery overstepped their authority and did not follow the process. The trail court said it was an ecclesiastical matter and did not interfere with the steps take by the presbytery.

The second reason that I will only consider part of this decision is that in the specifications of error the first applies to ecclesiastical control while the other two are legal procedural matters regarding admission of evidence and cross-examination.

So the Church group appealed the trial court decision on the three specifications of error including “the court erroneously found in favor of respondents based on appellants’ excommunication from the Holy Hill Community Church (Church) by the Western California Presbytery (WCP).” After reviewing the factual and procedural background, the decision discusses the deference to the presbytery’s excommunication decisions. In the discussion there is a section on the “Overview of law governing judicial deference to ecclesiastical decisions” which is an interesting read about the division of church and state (begins on page 8). The discussion is generally applicable since it focuses almost entirely on the classic U.S. Supreme Court decisions and only at the end brings in the controlling California decision, Episcopal Church Cases (2009).

One of the interesting polity arguments the appellants make is that while there was an internal dispute in 2011 there was no internal dispute in 2013 when the presbytery stepped in and excommunicated them. The court disagreed:

Substantial evidence supports the trial court’s conclusion that there was “an internal church dispute which exists to this day.”… The mere fact that both factions—appellants and respondents—continued to participate in this case demonstrates that the dispute continued for at least as long as the case itself.

The money quote in this decision, at least as far as the ecclesiastical deference is involved, comes right at the very end of this section (pg. 12-13):

Appellants’ last two arguments seek to overturn the trial court’s ruling on the grounds that the WCP lacked authority to excommunicate them either because they validly seceded from the WCP or because no one from the Church had petitioned for any action by the WCP. They argue their secession was valid even though the WCP had previously removed [an] interim moderator, because BOCO rules permitted a “minister from the presbytery” to act as a temporary moderator. However, in arguing the validity of their secession vote, they highlight the entire reason behind the ecclesiastical rule, which is that courts are ill-equipped to interpret ecclesiastical rules, particularly in hierarchical church organizations. No party disputes that the KAPC is a hierarchical organization, consisting of various presbyteries, and that churches are subordinate to both the KAPC and the presbytery to which they belong. (See Concord Christian, supra 132 Cal.App.4th at p. 1409 [explaining distinction between hierarchical and congregational church structures].)

We have already determined that the court correctly deferred to the WCP’s decision as a higher ecclesiastical authority. Similarly, the ecclesiastical rule of judicial deference to the highest authority within a hierarchical church on questions of church governance and church membership requires that we defer to the WCP’s decision that appellants’ vote to secede did not comply with BOCO, and that the WCP had authority to intervene.

Now if this were a property case my usual caveat is that interpretation of church property cases is highly variable from state to state. Not being a property case and primarily a membership case we can see that at least this California court gives the hierarchical church, in this case the presbytery, significant latitude to intervene in this situation.

In reading this decision a detail about KAPC polity jumped out at me. I was interested in a couple lines from a section of the BOCO quoted in the decision concerning church property:

Their argument rests on language in BOCO, which states “[w]hen an internal dispute arises in the local church that is within the jurisdiction of a presbytery, regarding membership in the presbytery and the ownership of church property, the right to manage the church property shall temporarily be placed within the hands of the presbytery until the dispute is resolved and the normal operation of the local church is restored.”

An interesting process in implementing what might be considered a trust clause – in a dispute the property is automatically placed in the hands of the presbytery.

Three legal notes that I probably should mention about the decision. First, not withstanding the property reference I just quoted, this decision stays completely away from property disputes and explicitly says this is not a property dispute so there is no reason for the court to become entangled in the ecclesiastical issues. The ecclesiastical portion of this decision was about process and the power and authority of the presbytery regarding membership and leadership. Second, the WCP was originally a party in this case but following the second schism in 2013 where the Church party was excommunicated they dropped from the case. Finally, this appellate court was very deferential to the findings of the trial court and was primarily judging errors that would have affected the outcome of the trial decision, not just any little errors that might have occurred.

So is this case relevant to other civil litigation over church secessions and responses? Maybe. It is a well written decision that sets out the circumstances for hierarchical deference in this case and could be used as a model for others.

On the other hand, this is a lower appeals court decision in one state and while it might set an example or model, it does not set precedent outside that circuit. Its applicability to the State of California would be more important if further appeals take it to the state supreme court. In addition, most of the other cases I look at include litigation about the property which this decision explicitly says is not in play here. How likely are the circumstances in this one particular situation to be replicated in other disputes? This could be a unique example and other cases may be different enough that its reasoning and model are not applicable.

However, as a polity wonk I found it to be an interesting insight into both the process within the KAPC in situations like this as well as a court dealing with the interface of church and state and the boundaries placed by the U.S. Constitution in the Establishment Clause and the Free Exercise Clause.

An interesting diversion. Your mileage may vary.

Now back to the next round of General Assemblies…