The Presbyterian Church (USA) has selectively disseminated two “privileged and confidential” documents by denominational lawyers calling on presbyteries to use draconian measures when claiming local church property.
The tone of the documents is reflected in the words they use to describe the parties: the “true church” ”“ meaning those who submit to the government and decisions of the PCUSA ”“ versus the “schismatics” ”“ meaning those who believe the denomination has abandoned its Biblical and Reformed roots. One recommendation for presbytery representatives is to portray themselves as the aggrieved party embattling the ungodly ”“ “keep the presbytery in a ‘defensive’ secular legal posture. (Let the schismatics seek Caesar’s help.)”
That proposal is interesting in that most litigation in church property disputes is begun by presbyteries filing civil complaints and congregations having to defend themselves.
It might be advisable to ensure that dioceses download this article for use in defense against TEC in the event of property lawsuits.
Actually, these documents have been out for a bit over a year.
The more I’ve thought about this type of litigation, the more convinced I am that the so-called “Hierarchical Deference Rule” as mentioned in the legal strategy memorandum is an unconstitutional violation of the separation of church and state. By doing so, the state weighs in on one side of these conflicts and against another side.
One might argue that a contrary rule would favor a congregationalist type of denomination, but I don’t think that is true. If a church is a true hierarchical church, then the upper levels of the hierarchy would be the ones holding title and then the neutral principles approach would protect their stake.
In any event, I have no doubt that 815 has issued similar memoranda — it sure fits with their playbook style.
Sounds like RICO might apply.
The PCUSA and ECUSA lawyers have been working with each other. For example, in the California ECUSA suits, PCUSA lawyers have filed “friend of the court” briefs saying the ECUSA position is absolutely correct.