Neutral principles used
State Supreme Court rules in favor of PCUSA in property case
The Layman, November 29, 2012
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Using neutral principles of law to make its decision, a state’s Supreme Court has ruled that a local congregation “held its property in trust for the benefit” of the Presbyterian Church (USA).
In Hope Presbyterian Church of Rogue River vs., the Presbyterian Church (USA) and the Presbytery of the Cascades, the Oregon Supreme Court upheld the decision of the Court of Appeals, which had granted the church property to the denomination, stating that Hope “expressed the intention of the congregation and its leadership that all property held by the church is held in trust for PCUSA, when the church amended its bylaws and included a section stating the church would be bound by the denomination’s constitution.”
In its decision, the Supreme Court recounted the history of the case, beginning when Hope was founded in 1901; and when the PCUSA was formed through the reunion of the Presbyterian Church in the United States and the United and Presbyterian Church in the United States of America (UPCUSA) in 1983.
In 1983 a “trust clause” was included in the PCUSA’s constitution which read:
“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 (USA).”
Not long following the reunion of the two denominations, Hope Presbyterian amended its bylaws to state
“This church being a part of the Presbytery of the Cascades, the Synod of the Pacific, and the Presbyterian Church, U.S.A., is governed in all its provisions by the Constitution of the Presbyterian Church, U.S.A.”
Simultaneously, the president and secretary of the corporation signed an amendment to the articles of incorporation of the church that stated:
“This corporation is a church congregation of and holds all property as trustee for the Presbyterian Church (USA).”
The amendment was approved by the congregation on October 23, 1983, and by the board of trustees on November 1, 1983.
Therefore, the Oregon Supreme Court ruled, “Here, the amendment to the articles of incorporation, the amendment to the congregation’s bylaws, and the relationship between the parties leading up to and following the adoption of the PCUSA constitution demonstrate Hope Presbyterian’s intent to hold its property in trust for PCUSA … both the board of trustees of the corporation and the members of the congregation approved a document that recited the intent to hold Hope Presbyterian’s property in trust for PCUSA.”
The ruling also called attention to the fact that Hope was a member of Cascades Presbytery when it voted in 1980 to include the trust provision in the UPCUSA constitution, and “three years later, two members of Hope Presbyterian attended the meeting where the presbytery voted to approve the adoption of PCUSA’s constitution, which also included an express trust provision. … Then, for more than 20 years after Hope Presbyterian’s bylaw amendment, the congregation’s conduct showed that Hope Presbyterian remained affiliated with PCUSA and subject to its constitution.”
“Based on Hope Presbyterian’s conduct, PCUSA’s constitution cannot be irrelevant, as Hope Presbyterian contends — even though it is not dispositive, as PCUSA contends. By voluntarily associating with the denominational church when Hope Presbyterian first organized in 1901 — and remaining associated with the denominational church for over 100 years until 2007 — Hope Presbyterian demonstrated that it intended to be bound by the governing documents of the church, including the constitution containing the express trust provision,” the decision read.
According to a 2011 Layman article written by Jason P. Reagan, “Hope’s property ordeal began in 2007 when it split with the PCUSA. Citing theological differences, specifically concerning Christology, Hope joined the Evangelical Presbyterian Church (EPC) …In addition, the church decided to leave the PCUSA due to what they described as the PCUSA’s circumnavigation of issues vital to Biblical truths – issues such as chastity and fidelity. Church leaders say the EPC offered a more Bible-based model of leadership and belief.”
The congregation voted on July 8 2007 to “realign its membership” from the PCUSA to the Evangelical Presbyterian Church. Sixty-five of the church’s 88 members took part in the vote. Of those, 62 voted for realignment and three voted against it.
As this ruling was issued by Oregon Supreme Court, the only appeal left for Hope Church is the U.S. Supreme Court. It is unknown at this time whether Hope intends such an appeal.