Recent discussions in many quarters are focused on congregations and presbyteries considering removing themselves from the denomination. Questions about dissolution and secession or expressions of grave concern about future relationships with the Presbyterian Church (U.S.A.) have arisen largely in response to the Report of the Task Force For the Peace, Unity, and Purity (PUP) and possible responses to it by the General Assembly meeting in Birmingham.
The clearest expressions of concern came from presbyteries and congregations, and also from coalitions of Presbyterians not officially connected with the PC(USA), governing bodies and groups that opposed the recommendations, usually from a conservative evangelical perspective. The Presbyterian Coalition, for example, indicated in a statement released on October 10, 2005, that the PUP report, “… if adopted, will undermine the church’s purity and exacerbate the denomination’s disunity. Indeed, it will promote schism by permitting the disregard of clear standards of Scripture and the Constitution of the Presbyterian Church (U.S.A.).” The Coalition will meet in Atlanta with the recently formed Presbyterian Global Fellowship after the General Assembly, presumably to make common plans about direction in a post-Task-Force-Report church. In its mission statement the latter says that it considers the PC(USA) to be in a deep crisis, an inward looking organization that is “an aging, dying, visionless denomination.”
Comments from a few presbyteries are more threatening. The Presbytery of San Diego voted 114-3 on March 21, 2006, to raise critical questions about its relationship with the denomination if the Report is passed and is concerned that the changes recommended in it will compromise the ability of the PC(USA) to exercise government in its presbyteries (PresbyteryNewsOnline). Prospect Hill Presbytery in Iowa, somewhat similarly, calls for future actions if the Task Force Report is endorsed.
Ironically, the degree of division is indicated further by overtures endorsed by 23 other presbyteries that call the denomination to head in exactly the opposite direction by eliminating G-6.0106b (the demand for fidelity and purity) from The Book of Order rather than strengthening it.
What information can be provided to church officers, pastors, or presbyteries concerned about the possibility that churches and presbyteries may petition to be dismissed from the denomination? The following questions and answers are designed to provide thumbnail responses to the most common queries. Readers must be aware, of course, that the issues involved are complicated and that any governing body considering such an action should be fully aware of the intricacies of Presbyterian polity, and state and federal law.
1. Can members, officers, and pastors of the PC(USA) leave the denomination?
Yes. The session of a church has the authority to transfer members to other churches or remove them from membership when they request (G-10.0302b (1), (3). Members can leave a local church at any time for matters of conscience or differences of opinion about policy or theology. That “God alone is the Lord of conscience” is one of the Historic Principles of Church Order (G-1.0301(a). When a church officer, whether a minister of the Word and Sacrament, elder, or deacon, renounces the jurisdiction of the church, that is, says that he or she wants to stop being connected with the PC(USA), the renunciation shall be effective upon receipt (G-6.0500). An officer would be removed by the session and the minister by the presbytery of which he or she is a member (D-3.0106). Ministers and officers may also be removed when they continue work disapproved by the appropriate governing body (G-6.0502) or when they have been accused of an offense and have been censured (D-12.0000).
2. When the pastor leaves the denomination what happens to her/his pension and medical benefits?
Frank Maloney, Executive Vice-President of the Presbyterian Board of Pensions, provides this answer (from a previous issue):
“If an individual leaves the denomination, the person is classified as a terminated member. If that person is vested in the Pension Plan, the individual is terminated, vested, and is entitled to receive a retirement pension at the point of retirement. If a local church or employing organization leaves the denomination, the local church or employing organization is not eligible to participate in the Benefits Plan and the minister would be classified as a terminated member. Again, if the member is vested in the Pension Plan, the individual is a terminated, vested member and is entitled to receive a retirement pension at the point of retirement.”
3. What does The Book of Order say about dissolution?
The Constitution of the PC(USA) makes it clear that there is no possibility for the unilateral withdrawal of any congregation. Only the presbytery has the power to dissolve a congregation, with or without its property (G-11.0103i). Although such a decision can be reversed by the Permanent Judicial Commission of the synod or the General Assembly, neither body is required to make such a review or take part in the presbytery’s decision. A congregation does not have any automatic right to become independent or join a denomination unaffiliated with the PC(USA). (See “On Clarifying Dismissal Of A Church”, General Assembly Minutes, 1989, Part I, p. 237; “On An Interpretation Of The Book Of Order With Respect To The Power Of Presbyteries To Receive And Dismiss Churches”, General Assembly Minutes, 1988, Part I, p. 140.)
4. What is the difference between “Dissent” and “Defiance“?
According to the Constitutional Services Department of the Office of the General Assembly (Note 2, October 2002), dissent is a basic constitutional provision from which members derive the right to disagree and exercise mutual forbearance toward one another. As Christians we honor the expression of the diversity of opinion and The Book of Order allows the individual the right of a written protest, dissent (G-9.0302-9.0308), or a more formal complaint (D-6.000) when he or she wants to express disagreement with any governing body. Recently there has been increased discussion of the declaration of “scruples” of non-essential matters, i.e., the open statement of an individual’s disapproval of a stated policy or theological position, especially upon ordination as an officer or a pastor. How that will be interpreted in regard to G-6.0106b after the 217th General Assembly meets remains to be seen. As the footnote to G-6.0108b points out, any member always has the right to withdraw peaceably from a congregation when these avenues do not provide satisfaction.
Defiance, on the other hand, constitutes the action of a person or governing body when a course is adopted that stands in open opposition and avoidance of an established position of the church. If a session or presbytery, for example, decides to ignore certain provisions of the Constitution, it is doing more than stating a matter of opinion, but is openly breaking covenant with the rest of the church and judicial charges and actions can follow (a disciplinary case against an individual, or a remedial case against a governing body).
5. Is it possible for a congregation to leave the denomination?
It is possible, but not easy. The presbytery alone has the power to decide whether or not a church can leave the PC(USA) (G 11.0103i). Generally speaking, dissolution will not be allowed merely because a session or congregation expresses disagreement with presbytery or denominational policies, is angry about certain rulings, or simply wants out. The presbytery is obligated primarily to examine questions of mission and only dismisses a congregation to another denomination if it is unable to fulfill its mission to the best of its ability due to distance from other churches in the presbytery, financial considerations, or the lack of enough members loyal to the PC(USA). See “On Clarifying Dismissal Of A Church”, General Assembly Minutes, 1989, Part I, p. 237.
6. If a congregation wants to leave, how would that decision be made official?
The clerk of session would have to communicate the session’s intention to the stated clerk of the presbytery. Normally the presbytery would then send a team, usually from the Committee on Ministry, to talk to the session, pastors, and congregation to discuss their concerns and see if reconciliation can be effected. Later an administrative commission may be appointed to make a recommendation or take action (G-9.0503.
7. If the congregation and session, or the session and the pastor(s) are divided on this matter, how can the disagreement be resolved?
If there is a split (schism) in a congregation about remaining in the denomination the presbytery has the power to decide which faction is entitled to the property. This decision is not based on a majority vote within the congregation (G-8.0601) but on the presbytery’s judgment about which group has remained in conformity with The Book of Order, principles of Reformed theology, the standards of The Book of Confessions, and the proper use of the Directory for Worship.
8. If my congregation still wants to leave, can we keep our property anyway?
The decision is entirely up to the presbytery. All property held by a congregation, presbytery, synod, or the General Assembly is held “in trust” for the use and benefit for the whole church, i.e. the PC(USA) (G-8.000). If a presbytery determines that a particular church is no longer using the property in accordance with the Constitution, such property shall be held, used, applied, transferred, or sold as provided by presbytery (G-8.0301). This precedent has been upheld through years of rulings in previous general assemblies, by federal courts, and the Supreme Court. Congregations must understand that the argument that they were created prior to the formation of the Presbyterian Church in the 18th century or that they have disagreed with the policies of the denomination in the past are not sufficient to enable them to keep property or investments. Church officers and pastors who think that a presbytery would never prevent them from taking their property and checking accounts with them if they bolt from the denomination are being naïve. They should consult the stated clerk of the presbytery, the appropriate office of the General Assembly, and an attorney versed in church/state relations before making any decisions.
For more detailed discussion and further references see Earl S. Johnson Jr., The Presbyterian Trustee, An Essential Guide (Geneva Press, 2004, 28-39); Legal Resource Manual for Presbyterian Church (U.S.A.) Middle Governing Bodies and Churches (Louisville: Office of Legal/Risk Management Services, www.pcusa.org/legal/property.htm ); and Constitutional Services Department of the Office of the General Assembly, Note 2, April 2, 2004, www.pcusa.org/oga/ad-op/note11.pdf.
The undeniable legal precedents behind the concept of the “held in trust” clause help explain why The Presbytery of Stockton proposed an amendment to the Constitution (Overture 71) to make the congregation the sole owner of the property, if 60 % of the congregation votes for dissolution.
Ironically, when it comes to considering the possibility of congregations and presbyteries wishing to leave the PC(USA) over the current debate about the ordination of gays and lesbians, it is clear how Presbyterians on both sides of the question might come to the same conclusions. Some do so for reasons connected with conservative biblical interpretations and strict ethical commitments, and others for reasons related to a more liberal concept of the Bible or deeply rooted concerns about justice, reconciliation, and mercy. In every case, members of all churches must consider the cost of such a decision. If your congregation is determined to leave the denomination because of matters of conscience, biblical interpretation, and belief, do you really know what it will cost your church in terms of property, investments, and the continuity and future of a long-standing witness to Christ in your community?
Earl S. Johnson Jr. is the pastor of First Church, Johnstown, N.Y.
