PLC files amicus brief
June 4, 2008
Dear Reader,
It is no secret that denominational officials of the Presbyterian Church (USA) have been siding against local churches in regards to property rights. Yet in recent months, the PCUSA has gone so far as to file court briefs misrepresenting the polity of Presbyterians in support of Episcopal lawsuits, claiming that the Episcopal Church and the Presbyterian Church are similar.
In an effort to maintain the integrity of the manner in which Presbyterians are perceived, the Presbyterian Lay Committee has taken steps to counter the misperceptions, and has filed a Friend of the Court brief to set the record straight.
If you are a long-time reader of The Layman, you know the history. From supporting the removal of the Ten Commandments from a courthouse to backing the use of hallucinogenic drugs, soon-to-be former Stated Clerk Clifton Kirkpatrick has consistently supported the wrong side of the issues in court. And of course, there is the fiasco of the Louisville Papers, which outline how presbyteries are to take harsh legal measures against local churches in order to garner control over local church property.
In April of this year, as reported by The Layman, the PCUSA filed a brief challenging a ruling by a Virginia court that allows local Episcopal churches to keep ownership of their property after they have left the denomination. This action by the PCUSA does not represent either Presbyterian polity or Presbyterians in the pews, but rather sides with the denominational hierarchy and against the local church. Late last year the PCUSA asked the California Supreme Court for permission to file its own brief in another Episcopal Church case, claiming that the PCUSA was like the Episcopal Church in its (self claimed) hierarchical structure.
The Presbyterian Lay Committee decided that it was time for action. We believe that the filings of Kirkpatrick and the PCUSA necessitated another voice before the California Supreme Court, lest it mistakenly assume that Kirkpatrick speaks for the church. We want to assure that this grab for power does not go unchallenged.
So, with the support of some friends, we have filed an amicus brief (Friend of the Court) that points out the differences in polity between major denominations, and further delineates rights of local churches. We advocate the position that all property matters should be decided in accordance with the neutral laws of the state where the church is located. There should not be blind deference to a denominational body which claims it owns property it does not actually own.
Filing court briefs is a step of faith for us. While it is costly and time consuming, we cannot stay silent or stand idly by when the rights of local churches and the very foundations of Presbyterian polity are at stake. As Paul appealed to civil authorities for protection under the law, so must we. And as the PCUSA Book of Order recognizes that the need for civil power “may be necessary for protection and security … equal and common to all others (G-1.0301b),” so do we.
If you pray for or give regularly to the Lay Committee, I urge you to continue and perhaps double your efforts: Both will be essential in the days to come.
If you would like to support us with prayer or finances, I assure you that both are welcome and needed. Please call us at (828)758-8716. Or write to P.O. Box 2210, Lenoir, NC, 28645. Thank you in advance for your support.
In the grip of grace,
Charles F. Burge
Executive Director