Advisory opinion reinforces hardline stand on property
By John H. Adams, The Layman Online, August 10, 2006
The Office of the General Assembly has now encouraged what could become a messy fight between presbyteries and synods over who should make a departing congregation pay the highest price for leaving the Presbyterian Church (USA).
The OGA’s Department of Constitutional Services recently posted Advisory Opinion: Note 19, which, in effect, tells presbyteries they have a constitutional obligation to “take appropriate action” to prevent congregations from leaving the denomination with their property – unless, of course, they pay a suitable exit fee.
But if the presbyteries fail to do the job, the opinion says, then the synod must either 1) step in and “direct the presbytery to appropriate action” or 2) “assume jurisdiction over the presbytery’s powers.”
The advisory opinion offers no suggestion that graciousness be applied toward a friendly agreement suitable to both the presbytery and the congregation.
The opinion was posted on the PCUSA’s Web site before The Layman Online published the “privileged and confidential” documents of PCUSA lawyers who called for draconian measures to rigorously enforce the denomination’s property clause.
Jim Berkley, formerly the issues director for Presbyterians for Renewal and currently director of Presbyterian Action, has written a scathing commentary on the advisory opinion, titled “Putting the Squeeze on Generous Presbyteries.”
“This is a narrow, parochial, covetous, desperate, bullying Advisory Opinion, unworthy to be emanating from our highest constitutional authority. Or his office. Or whoever was on duty at the time and didn’t see fit to attach his name,” Berkley said.
“[W]hen governing bodies might perhaps make decisions about being gracious with departing churches, when a small part of the King’s riches might depart with a congregation for the congregation’s continued welfare and vitality rather than accrue to the bureaucracy of the denomination, where did the presumption of wisdom about that decision go? Pfffft! It’s gone.”
Berkley paraphrased a portion of the controversial authoritative interpretation on ordaining practicing homosexuals and adulterers that has fueled discussions of leaving the departure to make it applicable to denominational enforcement of the property clause. “All parties should endeavor to outdo one another in honoring one another’s decisions, according the presumption of wisdom to presbyteries in graciously blessing departing congregations and to synods in respecting that generosity.”