Louisville Papers prompt proposals
By John H. Adams, The Layman Online, October 18, 2006
The strategy team for the New Wineskins Association of Churches has issued an interim report that condemns the denomination’s “pre-emptive punitive action against any PCUSA congregation that seeks to leave the denomination” and suggests that it is urgent that congregations take steps to prevent their property from being confiscated by the denomination.
“As we move forward toward completion of the final report, we are mindful that there are preliminary steps that prudence demands of individual churches in the run-up to our February convocation in Orlando,” the report says. “Accordingly, the purpose of this letter is to make requests of, and to suggest certain preliminary actions to, our New Wineskins congregations and all others who would listen.”
Delegates to the New Wineskins Convocation in Tulsa in July voted to establish the strategy team to make recommendations to third NWI convocation on Feb. 8-9, 2007, in Orlando, Fla. But the team decided to issue an interim report now and said it will present a more complete report in February.
The interim report includes several references to documents dubbed “the Louisville Papers.” The “privileged and confidential” recommendations, prepared only for presbytery leaders and their lawyers, outline draconian legal and administrative strategies to confiscate the property of congregations considering leaving the PCUSA.
“We specifically encourage every member of the denomination to read the Louisville Papers in order to understand the urgency of the occasion,” the interim report says.
The report does not recommend a hasty exit from the PCUSA. “We sense that, due to matters of conscience or because of specific situations (theological or legal), some of you may feel you cannot wait until February to request that you be dismissed from your presbytery. We encourage you to wait until the convocation in February before you take action. We will have concrete recommendations for you at our meeting in Orlando. It is important to remain united in order that we may take unified and collective action. In the words of Benjamin Franklin, ‘We must hang together or, most assuredly, we will all hang separately.'”
The team said its final report will include a strategy for dismissal as well as a strategy for those who wish to remain in the denomination.
For the time being, though, the strategy team recommends:
- “… immediately retain legal counsel to evaluate the property issues that are specific to your individual church and to protect your trustees, elders, pastors and other church officers from potential litigation.”
- “… discuss with your attorney preparation for suit against governing bodies that attempt to implement the Louisville Papers … Your preparations should include petitions for temporary restraining orders that may be necessary in the event Presbytery attempts to take your church by force. While it is incomprehensible to us that a presbytery would employ such tactics, some have already done so. Ironically, during the same time the Stated Clerk of the PCUSA has called for a period of discernment.”
- “… local church officers (elders and trustees) may well have a fiduciary duty to the congregation/corporation” to protect the church’s property. “You should also protect your church officers through the purchase of insurance and/or making indemnification as Louisville may well sue the individuals personally (e.g., the ‘Louisville papers’). Consult your counsel and your insurance agent for the ‘hows and whys.'”
In preparation for meeting with an attorney, the strategy team recommends that congregations gather the Louisville Papers, articles of incorporation, corporate by-laws, deeds for all real property, financial information reflecting all bank accounts and trusts of which the congregation is a beneficiary, the Book of Order and other papers that “might reflect on the legal interests of your congregation and/or the denomination in your property.”
The interim report also suggests that congregations be fully informed about the issues over the last 40 years that “have brought the PCUSA to its present state,” including “intimidating tactics that have been used to suppress dissent by pastors within the denominations and the actions taken against congregations seeking to be dismissed from their presbyteries as provided by G-6.0103i.”
They should also review:
- The General Assembly’s action on the report of the Theological Task Force on Peace, Unity and Purity.
- The recent actions of presbyteries that have rejected the PUP recommendation that would allow presbyteries and sessions to ordain church officers who refuse to abide by the constitutional “fidelity/chastity” ordination standard.
- A denominational report titled “The Trinity: God’s Love Overflowing,” which advocates alternatives to the Biblical language of Father, Son and Holy Spirit, such as “mother, womb and child.”
In July, the New Wineskins Convocation decided not to identify publicly the members of the strategy team “to avoid punitive action against ordained members of the team the PCUSA national and regional leadership.” But the interim report is publicly signed by two elder/attorneys on the team: Michael R. McCarty of Cozen O’Connor in Philadelphia and Dennis W. Gorman of Schmiedeskamp, Robertson, Neu & Mitchell in Quincy, Ill. While making the necessary disclaimer that they are not representing the New Wineskins Association of Churches, the report does say “they are available to you or your attorneys to suggest additional sources of information and the names of attorneys and law firms that might be able to assist you.”
Near its beginning, the four-page report asks for prayers for the leaders of the denomination and the New Wineskins leadership team. “The potential for damage of Jesus Christ is very great. Please pray that the leadership of all concerned will come and reason together to peacefully resolve our many differences in accordance with Matthew 5:25, thus avoiding potentially devastating and costly waves of litigation.”
And the call for prayers resumes at the conclusion: “Our team has one principle that overrides all others as we labor in these efforts, and that is: ‘It is all about Jesus. These are difficult times because man-made polity has been elevated above Scripture by our denominational leadership. We pray that they will come to realize that fealty and devotion to the church universal – the bride of Christ – must always supersede temporary human organizational arrangements.”