Statement on church property, resources
After holding an extensive interview with Stated Clerk Clifton Kirkpatrick, reported in recent weeks on this Website and in the magazine, Outlook editor Jack Haberer, pressed Mr. Kirkpatrick to answer some of the particular questions that have arisen from Outlook's readers regarding the legal advice circulated by denominational leaders on the matter of church property disputes. Mr. Kirkpatrick met via conference call with the editor, along with Mark Tammen, Associate Stated Clerk for Constitutional Services, and Eric Graninger, General Counsel: Legal/Risk Services for the General Assembly Council. After discussing these matters, they agreed to prepare a detailed response to those questions. Here is that response
Over the past several months, some have expressed concern about two resources relating to church property that critics have called the 'Louisville Papers.' Others have expressed support for them. The first is a Polity Memorandum prepared by the Office of the General Assembly's Department of Constitutional Services, while the second is a Legal Memorandum prepared by the General Assembly Council's Office of Legal Services. (1) This statement comes to clarify the origin and timing of these resources.
The Polity Memorandum and the Legal Memorandum were created as resources enabling presbyteries to better understand and work with these processes. Presbyteries are in no manner compelled to use these documents. They are simply advisory and, hopefully, helpful. (2) While some may believe that the Legal Memo presents matters in rather stark terms, this simply reflects the legal process and terminology of secular litigation, where decisions are made by attorneys and judges (for whom Presbyterianism may be wholly foreign) under strict rules of evidence and procedure. The Legal Memo is a practical introduction to civil litigation, to assist presbyteries when they find themselves in such circumstances, but is by no means intended to encourage recourse to that forum.
