Separatist PCA and EPC voted against property trusts

Separatist PCA and EPC voted against property trusts

By John H. Adams, The Layman Online, January 25, 2005

Members of two evangelical Presbyterian denominations that separated from mainline denominations learned two things about church property issues: 1) It’s better not to make property the tie that binds and 2) there is strength in numbers.

Both the Presbyterian Church in America and the Evangelical Presbyterian Church made it explicitly clear in their constitutions that, should some of their own constituency act as they had, the separatists could take their property with them at no charge.

When dozens of congregations voted in 1972 to leave the Presbyterian Church U.S., the mainline Southern denomination, to form what was initially called the National Presbyterian Church (later PCA), the PCUS issued condemnations but few civil actions to take their property.

Likewise, when 12 congregations bolted, mostly from the United Presbyterian Church (USA), the Northern denomination, in 1981, the UPCUSA responded with more condemnations but few civil actions.

One of the factors in the mainline denominations’ decision not to take the separatists to court was the sheer volume of the legal work that would be required to fight property disputes on several fronts simultaneously. However, as congregations left the PCUSA and its predecessor denominations later, the mainlines aggressively fought to retain the property or require compensation. And they still do.

In 2002 and 2003, five congregations voted – each overwhelmingly – to leave the PCUSA. Presbyteries required four of them to pay exit fees, which ranged up to $1.1 million, to keep their property. In the fifth case, the presbytery confiscated the property.

Both the PCA and the EPC wrote into their constitutions statements refuting denominational property trust clauses, knowing that its intended penalties discouraged the freedom in Christ that Christians have been granted. Both have lost a few congregations over the years, but they have grown steadily and have vibrant foreign mission ministries.

Statistics reported by the PCA and the EPC show that the breakaway denominations have a deep commitment to foreign missions. As a denomination, the PCUSA employs one foreign missionary per 8,000 members. The PCA ratio is one missionary per 450 members. The EPC’s is one missionary per 1,200 members.

The PCA and EPC are still much smaller than the PCUSA, which has 2.4 million members. But the breakaway denominations are growing rapidly. The PCA reported a membership gain of 7.1 percent from 1999 to 2003. The EPC’s gain was 11.9 percent. The PCUSA lost 7.5 percent of its membership during the same five years – and more than 43 percent since 1967.

The leaders of PCA and EPC say in their constitutions that they believe a connectional church thrives through its theology and mission, not through its hierarchal claims that their property must be held in trust for the denominations.

Both the PCA and the EPC organized before the PCUS and the UPCUSA reunited in 1983 to become the Presbyterian Church (USA).

The PCA was organized in 1972. It adopted a Book of Order that says:

25.8. The corporation of a particular church, through its duly elected trustees or corporation officers, (or, if unincorporated, through those who are entitled to represent the particular church in matters related to real property) shall have sole title to its property, real, personal, or mixed, tangible or intangible, and shall be sole owner of any equity in any real estate, or any fund or property of any kind held by or belonging to any particular church, or any board, society, committee, Sunday school class or branch thereof. The superior courts of the Church may receive monies or properties from a local church only by free and voluntary action of the latter.

25-9. All particular churches shall be entitled to hold, own and enjoy their own local properties, without any right of reversion whatsoever to any Presbytery, General Assembly or any other courts hereafter created, trustees or other officers of such courts.

Particular churches need remain in association with any court of this body only so long as they themselves so desire. The relationship is voluntary, based upon mutual love and confidence, and is in no sense to be maintained by the exercise of any force or coercion whatsoever. A particular church may withdraw from any court of this body at any time for reasons which seem to it sufficient.

The Book of Order for the Evangelical Presbyterian Church does spell out some requirements that must be met before a congregation may be dismissed to another denomination or independent status. However, the church law is clear: Property is owned by the local congregation and not held in trust for the denomination.

In section 7-4 of its Book of Order, the EPC says,

“The particular church has ownership of its own property. It may buy, sell, lease, rent or otherwise determine the use of its property. It may incur debt and other legal obligations. However, care should be exercised that the good name and the reputation of the Church not be harmed through unwise and imprudent management.”

Section 7-6 adds:

“The particular church has the right to withdraw from the Evangelical Presbyterian Church, with its property, provided the conditions set forth for dismissal have been met.”

The EPC’s conditions for withdrawal are spelled out in Section 5-614:

Should a particular church desire to be dismissed to another body, or to independence, the following procedures shall be followed:

A. The Church Session shall notify the Presbytery of its desire to be dismissed. Once a Church Session has notified Presbytery of its desire under this section, Presbytery shall take no action to dissolve or divide the particular church and its elders until all proceedings under this Section 5-6 are fully completed.

B. At a duly called meeting of the congregation, with representatives from the Presbytery present and having the privilege of the floor, the motion for dismissal shall be put and discussed. The meeting shall recess for no less than three months and no more than six months, to a date determined at the meeting.

C. At the time set, the congregation shall reconvene, with representatives from the Presbytery present and having the privilege of the floor, and the question shall again be put to the congregation and the floor opened for discussion. The congregation shall then vote on the motion by written ballot. If it passes by a two-thirds majority, the Presbytery shall dismiss the congregation as requested with all of its property and assets. Those not desiring to participate in the dismissal shall notify the Presbytery, which will assign them to other congregations of the Evangelical Presbyterian Church.

The property clause in Presbyterian Church (USA) differs sharply from the PCA and EPC rules. The PCUSA states in G-8.0201:

All property held by or for a particular church, a presbytery, a synod, the General Assembly, or the Presbyterian Church (U.S.A.), whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, and whether the property is used in programs of a particular church or of a more inclusive governing body or retained for the production of income, is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.).

From 1983 to 1991, the PCUSA Book of Order did allow dismissal with property of former PCUS congregations, if they affiliated with another Reformed denomination. But that eight-year escape hatch has closed.

The PCA held its first constitutional convention in December 1973 with 260 congregations and a combined communicant membership of 41,000 Presbyterians who had left the Presbyterian Church U.S. Today, the PCA has 1,450 congregations and more than 320,000 members.

The first EPC General Assembly was held in 1981 with 75 delegates representing 12 congregations. Today, the EPC has more than 70,000 members in 190 U.S. congregations. It also has a presbytery in Buenos Aires, Argentina.

Both the PCA and the EPC have a single confessional standard – the Westminster Confession and its Larger and Shorter Catechisms. The former United Presbyterian Church (USA) abandoned Westminster as its sole confessional standard in 1967 by adopting a Book of Confessions, which included the controversial Confession of 1967.

The UPCUSA and PCUSA denominations that reunited in 1983 also adopted a Book of Confessions, which now includes 11 creedal statements that are sometimes at odds with each other. For instance, Westminster’s calls Scripture “infallible truth” with “divine authority;” the Confession of 1967 refers to it as “… nevertheless, the words of men.”

Although it requires candidates for minister, elder and deacon to “sincerely receive and adopt the essential tenets of the Reformed faith as expressed in the confessions of our church …,” the PCUSA has rebuffed numerous overtures seeking to spell out what those essentials are.

The constitutions of the PCA and the EPC are clear about their essential tenets. The PCA refers to the Westminster Confession as its essential beliefs, but adds a condensed statement:

We believe the Bible is the written word of God, inspired by the Holy Spirit and without error in the original manuscripts. The Bible is the revelation of God’s truth and is infallible and authoritative in all matters of faith and practice.

We believe in the Holy Trinity. There is one God, who exists eternally in three persons: the Father, the Son, and the Holy Spirit.

We believe that all are sinners and totally unable to save themselves from God’s displeasure, except by His mercy.

We believe that salvation is by God alone as He sovereignly chooses those He will save. We believe His choice is based on His grace, not on any human individual merit, or foreseen faith.

We believe that Jesus Christ is the eternal Son of God, who through His perfect life and sacrificial death atoned for the sins of all who will trust in Him, alone, for salvation.

We believe that God is gracious and faithful to His people not simply as individuals but as families in successive generations according to His Covenant promises.

We believe that the Holy Spirit indwells God’s people and gives them the strength and wisdom to trust Christ and follow Him.

We believe that Jesus will return, bodily and visibly, to judge all mankind and to receive His people to Himself.

We believe that all aspects of our lives are to be lived to the glory of God under the Lordship of Jesus Christ.

The EPC includes in its constitution a list of seven essentials:

1. We believe in one God, the sovereign Creator and Sustainer of all things, infinitely perfect and eternally existing in three Persons: Father, Son, and Holy Spirit. To Him be all honor, glory and praise forever!

2. Jesus Christ, the living Word, become flesh through His miraculous conception by the Holy Spirit and His virgin birth. He who is true God became true man united in one Person forever. He died on the cross a sacrifice for our sins according to the Scriptures. On the third day He arose bodily from the dead, ascended into heaven, where, at the right hand of the Majesty on High, He now is our High Priest and Mediator.

3. The Holy Spirit has come to glorify Christ and to apply the saving work of Christ to our hearts. He convicts us of sin and draws us to the Savior. Indwelling our hearts, He gives new life to us, empowers and imparts gifts to us for service. He instructs and guides us into all truth, and seals us for the day of redemption.

4. Being estranged from God and condemned by our sinfulness, our salvation is wholly dependent upon the work of God’s free grace. God credits His righteousness to those who put their faith in Christ alone for their salvation, thereby justifies them in His sight. Only such as are born of the Holy Spirit and receive Jesus Christ become children of God and heirs of eternal life.

5. The true Church is composed of all persons who through saving faith in Jesus Christ and the sanctifying work of the Holy Spirit are united together in the body of Christ. The Church finds her visible, yet imperfect, expression in local congregations where the Word of God is preached in its purity and the sacraments are administered in their integrity; where scriptural discipline is practiced, and where loving fellowship is maintained. For her perfecting, she awaits the return of her Lord.

6. Jesus Christ will come again to the earth-personally, visibly, and bodily-to judge the living and the dead, and to consummate history and the eternal plan of God. “Even so, come, Lord Jesus.” (Rev. 22:20)

7. The Lord Jesus Christ commands all believers to proclaim the Gospel throughout the world and to make disciples of all nations. Obedience to the Great Commission requires total commitment to “Him who loved us and gave Himself for us.” He calls us to a life of self-denying love and service. “For we are His workmanship, created in Christ Jesus for good works, which God prepared beforehand that we should walk in them.” (Eph. 2:10)