Colonial leaving PCUSA;
Heartland presbytery counters
By Edward Terry, The Layman, August 23, 2010
Colonial Presbyterian Church near Kansas City has made it official: The 1,700-member, 2-campus congregation voted 927-27 Sunday to leave the Presbyterian Church (USA).
Members also voted 914-29 to join the Evangelical Presbyterian Church (EPC), a popular destination for congregations departing the PCUSA due to disagreements over theology and moral standards. According to the 2009 comparative statistics, Colonial is the second largest congregation in Heartland Presbtery.
Since January 2010, the congregation had been in a period of discernment about its future in the PCUSA. The discernment period included town hall meetings, a survey and regular correspondence with members. On Aug. 5, Colonial’s session recommended leaving the PCUSA for the EPC.
The congregation overwhelmingly (approximately 97 percent) supported the session’s recommendation, with more than half of the membership (56 percent) present.
Even though both sides sought an amicable result in the discerning of the congregation’s future, the situation took a turn for the worse once it became evident that the rift between Colonial and the denomination could not be mended.
Constitutional challenge
In the days leading up to the Aug. 22 vote, the presbytery informed Colonial leadership that two Heartland Presbytery congregations had filed remedial complaints on the congregation’s vote about its future in the PCUSA.
According to the complaint, the sessions of Southminster Presbyterian of Prairie Village, Kan., and First Presbyterian of Lee’s Summit, Mo., claim that Colonial’s session is failing to act constitutionally by calling the meeting. The two sessions asked the Permanent Judicial Commission (PJC) of Heartland Presbytery to declare both proposed actions “irregular” and as having “no force or effect.” The sessions also asked that the PJC direct (Colonial’s) session not to call such meetings in the future.
The complaint alleges that Colonial’s session erred in calling a congregational meeting to:
- terminate its affiliation with the PCUSA;
- affiliate with the EPC
- approve terms of call for ordained pastors and make revisions to comply with the EPC’s requirements
- change corporate documents and bylaws in a way that diminish its relationship with PCUSA
The arguments are based largely on sections G-7.0304 and G.11-0103i of the Book of Order, and the General Assembly PJC case Sundquist et al. v. Heartland Presbytery.
On Aug. 19, Heartland’s Permanent Judicial Commission granted a stay of enforcement against Colonial. “Harm” will occur is the action is not stayed, according to the document.
Pre-emptive action
Being familiar with Heartland’s tactics, the Colonial session took pre-emptive action in the secular courts.
A district court in Johnson County, Kansas granted a restraining order request by Colonial to keep the administrative commission from making a claim on the church’s session and property. The congregation also is seeking, in secular court, a declaratory judgment protecting its property from a seizure attempt.
The legal action in secular court came a few days after the presbytery warned Colonial’s session that a vote to leave the denomination is not allowed. The administrative commission’s clerk, in the letter, also warned that the action could lead the presbytery to assume jurisdiction and replace the session “until such time as members of the True Church can elect a new session from its membership.”
Colonial’s response
The Colonial session followed up with a letter to the congregation.
“This is exactly the type of communication and threatened action we anticipated,” the letter said. “Although not surprised, we are disappointed that the administrative commission would continue to ignore the reality of our situation at Colonial. Instead, it insists on dogmatically pursing its own agenda despite the apparent will of more than 90 percent of the members of our congregation who participated in the survey in May.”
The letter warns Colonial members of the claims they could expect from the administrative commission.
“These claims of the administrative commission are disruptive and divisive,” the letter said, adding that the legal action is to protect the church from threatened action. “We have always maintained and continue to believe that The Colonial Presbyterian Church owns all of its real and personal property despite the claims of Heartland Presbytery. Session does not view this filing as a form of hostile litigation or unwarranted court action.”
Calls from The Layman to Colonial Presbyterian Church and Heartland Presbytery were not returned as of Monday afternoon.