QUESTIONS & ANSWERS Posted Wednesday, January 31, 2007 Editor's Note: The following "Questions & Answers" paper has been prepared by Central Presbyterian Church in Huntsville, Ala., for members of the congregation. Q: What is the lawsuit about? A: The board of trustees of the local church corporation is seeking a "judicial declaration," or court order, on who has the right of ownership and use of all church property titled under the name "Central Presbyterian Church in the United States of America of Huntsville, Ala." No claim for money or damages is involved. Q: Why was the lawsuit filed? A: Several things prompt the need for a judicial declaration. First, a simple issue of stewardship. The members of Central Presbyterian Church and former generations put their time, money and effort into this structure and the ministries that the Lord presented. An assumption of ownership by the members needs to be affirmed or corrected. Second, this building is in need of repairs and renovation, and there are potential plans for an addition. In order to make these possible, a Capital Funds Campaign would need to be launched to raise sufficient funds. Lack of ownership of the property will hinder these efforts. Third, debate over local Presbyterian church property has become widespread throughout the United States in the aftermath of passage, at the 217th General Assembly in June 2006, of the "Peace, Unity and Purity" (PUP) report. That passage effectively amended the denominational constitution without the normal requirement of submission to the presbyteries for ratification, and adopted a "local option" policy for ordination. This policy permits sessions and presbyteries, at their choosing, to suspend any ordination standard they feel appropriate. As a result of the passage of PUP, many traditional Presbyterian congregations throughout the United States are evaluating their future relationships with the PCUSA. This in turn prompted denominational officials to invoke provisions in the Book of Order that assert that a presbytery has the right to determine who the owner of local church property is, and which assert that all local church property is held for the benefit of the denomination. Q: Is it right for Christians to sue one another in civil courts? A: The Biblical admonition against Christians using the civil courts to resolve grievances against each other must be considered and rightly understood. A Biblically faithful distinction can be made between Christians inappropriately using civil courts to seek vindication against each other for personal offenses and, on the other hand, appropriately using legal remedies when necessary to fulfill a moral, ethical or legal obligation to act on behalf of others. Local church corporation trustees have a legal, fiduciary obligation to the church corporation to defend title to property. Failure to seek legal recourse may not only jeopardize the property rights of the corporation (the local church), but also expose the trustees to personal liability. The Apostle Paul's objections to the household of faith resorting to civil courts was based on concern about vindicating personal grievances, improper motives, and the Church's witness to the world. Paul's prohibition was thus not absolute, and he appealed to the civil magistrate in the exercise of his rights as a Roman citizen. In the present case, the issues before the court are not personal, right motive has been examined, and the effect on the Church's present witness has been weighed against the negative impact which loss of any local property rights would have on the future witness, ministry and mission of Central Presbyterian Church. John Calvin concluded that Scripture does not bar Christians from civil courts in every case. He notes that: a lawsuit is not evil in itself, but is only rendered corrupt by abuse; God's purposes are furthered by appointed courts of justice; through civil courts, the pious may know the extent of their liberties and be kept within appropriate bounds; and through courts of justice that a sovereign God superintends, "the audacity of the wicked" may be lawfully constrained. Q: Is the position being taken by Central Presbyterian Church something new? A: No. Documents dating from the middle of the 19th century to just a few years ago when the Cooper house was purchased all point to ownership of all properties associated with Central Presbyterian Church by the congregation and its corporation. The lawsuit seeks judicial acknowledgement of these facts. Q: How long will the litigation last? A: It really depends upon what steps the presbytery takes in answering the request for Declaratory Judgment. It is hoped that resolution will come quickly. However, court cases like this generally take at least six months. Q: Will this lawsuit affect Central Presbyterian Church's relationship with the North Alabama Presbytery or the PCUSA? A: Filing this suit is not an act of disaffiliation from the denomination. That is an act that can only be taken by the congregation. It is hoped that our well-documented claim to ownership of the property and all assets will not lead to an adversarial relationship with the presbytery. The legal office of the PCUSA has recently issued Advisory Opinion No. 19, warning presbyteries that if they do not seek to enforce the denomination's claim to local property ownership and control, then the synods may appoint administrative commissions to take control of presbyteries. There is also a document known as "The Louisville Papers" that was produced at the request of the Stated Clerk's office that encourages presbyteries to take a very hard and aggressive stance relative to any church that has taken action to determine property rights. It should be plainly stated that at some point in time we may need to candidly discuss our continued relationship with the PCUSA, but the action the trustees has taken does not in any way deal with disaffiliation. Q: What can I do? A: Pray. Pray that our position is right and that the presbytery will acknowledge it as so. Pray that the presbytery and/or the denomination will not take an adversarial position. Pray that we will remain faithful to Christ and sensitive to the leading of the Spirit. Pray that this congregation will act appropriately in response to the actions of our denomination. Pray that no incorrect information will circulate and that gossip, innuendo and speculation would be avoided. Pray that we can quickly move beyond this and return our full attention to the ministry we have been called to do here at Central Presbyterian Church.

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