Judge denies presbytery’s attempt for TRO
The Layman, June 9, 2008
An attempt by the Presbytery of South Louisiana to ban one of its congregations from gathering in its own sanctuary on Sunday, June 8, was denied in civil court.
The session of Woodland Presbyterian Church in New Orleans had called a congregational meeting to be held following its worship service to decide if it would disassociate from the Presbyterian Church (USA).
Having learned of the called meeting, the presbytery’s executive, the Rev. Alan Cutter, sent a message to Woodland on June 5, warning it not to meet. On June 6, presbytery lawyers filed a petition with the Civil District Court of the Parish of Orleans, seeking a temporary restraining order (TRO), preliminary injunction and permanent injunction to prevent the congregation from gathering on Sunday and ordering it to comply with the presbytery’s policies.
Petition denied
Judge Michael Bagneris denied the petition for TRO and set a hearing on June 16 for arguments on the preliminary injunction.
Woodland’s attorney, Lloyd J. Lunceford, of Baton Rouge told The Layman that he was “amazed” at the presbytery’s petition. “It is a huge step,” he said, “for a presbytery to ask a state court judge to bar a congregation from gathering in its sanctuary. I’m not surprised that the judge denied the request, but I am surprised that such a TRO/petition would have been filed in the first place. The very idea of such a prohibition violates a basic freedom of assembly that is specified in the United States Constitution, as the trial judge said.”
Lunceford served from 1995 through 2002 on the board of directors for The Presbyterian Lay Committee which publishes The Layman. He is a legal counsel for many PCUSA congregations in South Louisiana Presbytery.
Strong-arm tactics
South Louisiana Presbytery’s action represents a growing trend toward coercion by denominational agencies that are attempting to prevent Presbyterian congregations from leaving the PCUSA. Although the PCUSA Constitution allows congregations to be dismissed to other Reformed denominations, PCUSA leaders have launched pre-emptive strikes to prevent them from initiating the dismissal process.
On Aug. 6, 2006, The Layman revealed “The Louisville Papers,” confidential documents drafted by attorneys at national church headquarters. The documents counsel presbytery officials to seize church property, padlock sanctuaries, freeze congregational bank accounts, defrock dissenting ministers and remove elected leaders from congregations that are discussing leaving the denomination. In cases where the majority membership appears to favor departure, denominational attorneys are encouraging presbyteries to identify a minority — no matter how small — and declare it the “true church.” That “true church” minority then is purported to hold a claim to the congregation’s property.
In some cases — Sacramento and South Louisiana presbyteries, for example – presbytery leaders have chosen to deal graciously with dissenting congregations by allowing them to leave the denomination with their property. The Office of the General Assembly has counseled presbyteries against such acts of grace, encouraging intervention by higher governing bodies.
The Synod of the Pacific intervened in Sacramento Presbytery, and attempted to block the presbytery-approved departure of two of its congregations. Similarly, the Synod of the Sun sent an administrative commission into South Louisiana Presbytery. They were empowered to override presbytery decisions not to contest property claims by some of its congregations.