Churches --- A matter of trust

Opinion

By Creede Hinshaw
http://savannahnow.com/column/2009-11-05/hinshaw-churches-matter-trust
November 5, 2009

It is heart-wrenching to observe the courtroom struggle played out over who holds title to the property of Savannah's historic, downtown Christ Church, very likely the oldest congregation in Georgia.

This case took a dramatic turn recently when Superior Court Judge Michael Karpf ruled that the national body (The Episcopal Church USA) rightfully owns the property on Johnson Square and those members now occupying that building must surrender the property immediately, a verdict the defendants swiftly appealed to the Georgia Supreme Court.

The basis for Judge Karpf's decision rests on the meaning of the trust clause, an issue probably misunderstood even in churches that have such a clause in their deed or, as in the case of Christ Church, have no such explicit clause but still fall under its provisions.

The trust clause stems from the theological conviction that the local church is not a separate entity, but that Christians who join the local church also join a larger body. Thus, the local church holds property in trust for the denomination, the larger body.

The trust clause theoretically discourages church members from fighting over property ownership, knowing that the property is held in trust for the denomination. Members must find ways other than the courtroom to resolve their differences.

Independent/congregational churches have no trust clause. The deacons or a particular family or the local church itself owns and is final arbiter of the church property.

The pastor and members of Christ Church who are protesting the theology of their national church believe they should be able to take their property with them because Georgia deeded the land to Christ Church prior to the existence of a national Episcopal Church and their deed has no trust clause language in it.

The legal battle over who owns Christ Church thus narrowly revolves around a proper understanding of the trust clause, a battle that has been overwhelmingly decided in favor of national churches: congregations in national churches with trust clauses in their national constitution/bylaws must uphold that clause even if their own congregation's deed doesn't contain such actual wording.

Judge Karpf's 21-page ruling employs the bedrock conservative principle that judges should not legislate from the bench, but should base their rulings on well-established precedent, original intent and case law. He cites over 20 significant, similar trust clause decisions nationwide and even explains why an apparent exception (in South Carolina) has no legal similarity to the Christ Church case.

Complex theological and sociological issues underlie the property battle being played out on Johnson Square and elsewhere in our nation. People of faith are engaged in principled, prayerful discussion of divisive subjects.

And so the larger community grieves with and for both the local plaintiffs and defendants. Many Savannahians have friends in both camps. I am sure that church members at Christ Church and Christ Church, Episcopal have friendships with each other that are familial, loving and deep. Out of such concern I hope the community will show compassion to both parties as this conflict is being resolved.


----Rev. Creede Hinshaw is pastor of Wesley Monumental United Methodist Church in Savannah.