Date: Mon, 9 Jun 1997 04:26:15 -0400 (EDT) From: Darrell128@aol.com Subject: NR 97063: CRC Synod 1997 to Question Whether Seceding Churches Will Keep Their Property? NR #1997-063: Christian Reformed Synod 1997 Faces Crossroads Decision: Will Seceding Churches Keep Their Property? Is it "congregationalist" for churches which have theological problems with the denomination of which they are a part to be able to leave that denomination with their property? In a 1980 set of model articles of incorporation, synod proposed that each local church in the United States adopt a set of articles stating that "this corporation shall have exclusive control over all of its temporalities, nor shall the exercise of its property rights through the lawful decisions of its council and/or corporation be subject to revision by the classis of which this church is a member or the Synod of the Christian Reformed Church in North America." Much of that could change after synod convenes on June 14 if a committee reporting to Synod 1997 has its way. The new proposed articles specify that in the event of an irreconcilable division, "the confessing members of this church who, according to the exclusive determination of the classis (or synod on appeal) remain true to the purposes of this church as a member church of the Christian Reformed Church in North America and the principles of doctrine and ecclesiastical government outlined under Articles III and V of these Articles of Incorporation shall be the lawful congregation of this church and shall have the exclusive right to hold and enjoy the real and personal property of this church." NR #1997-063: For Immediate Release Christian Reformed Synod 1997 Faces Crossroads Decision: Will Seceding Churches Keep their Property? by Darrell Todd Maurina, Press Officer United Reformed News Service GRAND RAPIDS, Mich. (June 3, 1997) URNS -- Is it "congregationalist" for churches which have theological problems with the denomination of which they are a part to be able to leave that denomination with their property? After at least six decades during which Christian Reformed congregations lost their property if they seceded, Synod 1970 ruled that local churches hold exclusive title to their own property and that if the church splits as a result of theological differences, "every effort shall be made to achieve a just and fair division of property." While not explicitly specified by synod, the 1970 rule has been interpreted to provide for a proportional division of the property between the portion of the congregation seceding from and remaining within the CRC according to the relative size of each group. In a 1980 set of model articles of incorporation, synod proposed that each local church in the United States adopt a set of articles stating that "this corporation shall have exclusive control over all of its temporalities, nor shall the exercise of its property rights through the lawful decisions of its council and/or corporation be subject to revision by the classis of which this church is a member or the Synod of the Christian Reformed Church in North America." Much of that could change after synod convenes on June 14 if a committee reporting to Synod 1997 has its way. In the Agenda for Synod, the synodical board of trustees reported that it and a study committee appointed to review the matter "became convinced that the article regarding property needed rewording." The board of trustees cites six grounds for its conviction, including that the current article "is based on a 'congregationalist' principle of church government which posits the absolute autonomy of the local congregation." "Its introduction into our current model in 1970 was designed, among other things, to prevent the opposite extreme: a 'hierarchical' principle whereby the ownership of a local congregation's assets is held by broader assemblies of a denomination," wrote the board, arguing that the CRC "has always posited a 'relative autonomy' of the local congregation whereby the ownership and disposition of assets is indeed held and controlled by its members but the intervention in this area of broader assemblies on appeal or in case of serious difficulties is legitimate and to be honored." The new proposed articles specify that in the event of an irreconcilable division, "the confessing members of this church who, according to the exclusive determination of the classis (or synod on appeal) remain true to the purposes of this church as a member church of the Christian Reformed Church in North America and the principles of doctrine and ecclesiastical government outlined under Articles III and V of these Articles of Incorporation shall be the lawful congregation of this church and shall have the exclusive right to hold and enjoy the real and personal property of this church." The articles do allow for an exception, however, specifying that nothing in the article "shall prevent the classis (or synod on appeal) from determining, in keeping with the scriptural injunction of I Corinthians 6, that more than one group of confessing members of this church are each a lawful congregation and dividing the real and personal property between the groups of members as classis (or synod on appeal) may determine." The board of trustees also recommends that synod "instruct classical church visitors to conduct an annual review of the congregations' current articles of incorporation and recommend, where necessary, that congregations adopt articles that faithfully reflect the model" proposed by the board. In addition, all new congregations affiliating with the CRC and all congregations receiving financial assistance from the Fund for Smaller Churches, CRC Loan Fund, and CRC Home Missions would be required to adopt the new articles of incorporation on the ground that "this guarantees that all denominational grants will be used in furtherance of the purposes of the congregation as a member church of the CRCNA." CRC General Secretary Dr. David Engelhard made clear that the reason for the change was the secession of dozens of congregations in recent years. "The events of the 1990's with several congregations leaving and some have been somewhat secretive and not in up-front ways have kind of shocked us into re-looking at it and looking at what had come into the articles of incorporation," said Engelhard, citing the secession of Doon (IA) CRC and Second CRC of Wellsburg as recent examples of secretive secessions. Engelhard said the Synod 1970 procedure -- drafted by one of his predecessors, stated clerk Rev. R.J. Danhof -- was an "overreaction" to a US Supreme Court precedent in the 1960's which allowed member congregations of the former Presbyterian Church in the United States to leave the southern Presbyterian denomination with their property. "The Supreme Court decision led the committee to convince the synod this would be the direction we would be required to move by Supreme Court precedent that sometimes becomes the law," said Engelhard. "It's one of the times that the Christian Reformed Church moved hastily only to find later it should have moved slowly," said Engelhard. "The courts have found that vast numbers of denominations hold the property." "We didn't want to move in that direction completely, and this is the kind of wording that we were convinced would allow for the congregations to make their decisions as well as the classes to be involved in it and synod on appeal," said Engelhard, citing the example of controversial Reformed Church in America pastor Rev. Richard Rhem of Spring Lake. "Once it's a matter of the Church Order, if a congregation does not follow the Church Order, there are some options the church has," said Engelhard. "I suppose it's like the RCA process with Rhem, until the process is complete, they can declare themselves to be independent of the Reformed Church but as a matter of fact are not." Engelhard said the new procedure was necessary to safeguard the financial and moral interests of the denomination and of those church members who contributed money in prior years to support a Christian Reformed congregation in their community. "The property belongs to that congregation which remains faithful to the church order and the teachings of the Christian Reformed Church," said Engelhard. "It doesn't belong to the classis, it belongs to that congregation, perhaps only twenty percent of the local congregation, but still that congregation. The monies were given in trust to the local congregations of the Christian Reformed Church in North America, and it's not to be taken over to be used for the property of some other denomination." According to Engelhard, the classical review of local church splits and withdrawals is essential. "We are not claiming that the property is vested in the classis or that they would even take over the property, but that they have the jurisdiction to determine who is the lawful congregation and to determine what division would take place if any," said Engelhard. That classical review, however, is what concerns the chairman of the leading conservative organization in the CRC. "One wonders how classis would determine that," said Rev. Andrew Cammenga, pastor of Escondido (CA) CRC and chairman of the Interclassical Conference. "I wonder if the unity that we cannot achieve by way of biblical understanding and the creeds we're going to try to achieve by threat. It almost seems like an act of fear to me." Cammenga said he could see why the CRC would have an interest in preserving its financial investment in mission works but wondered why the current articles couldn't do the job. "I have some sympathy for the need of the denomination, if they have a significant financial interest, to see that their interest is protected," said Cammenga. "On the other hand, I wonder why the articles of incorporation that we have had since 1970 and have served us well no longer serve us well." According to Cammenga, adoption of the proposal by synod could encourage what it seeks to protect against. "I believe that churches on the fence now will be forced, at least encouraged to act now in order to save the property that they have sacrificed so much for rather than waiting to see what will happen with the denomination in the future," said Cammenga. Asked whether his own church was considering secession, Cammenga declined comment. "What synod does will be crucial to any decisions that we make with regard to continued affiliation with the denomination," said Cammenga, noting that he was most concerned to see Synod 1997 allow classes to organize themselves along theological lines. "We are still hoping and praying that synod will respond favorably," said Cammenga. Cross-References to Related Articles: #1996-104: New Denomination Born: Most Christian Reformed Seceders Organize as "United Reformed Churches of North America" #1996-106: $600,000 Christian Reformed Lawsuit Settled After Longstanding Dispute with Seceding Hamilton Church #1996-117B: Separation Without Secession: Interclassical Conference Urges Christian Reformed Synod to Create New Conservative Classes #1997-011: Classis California South Endorses Classes Grouped by Theological Affinity Instead of Geography; Organizers Hope a Tenth of CRC May Join New Conservative Classes #1997-020: Christian Reformed Membership Loss Speeds Up: 30,551 Members Lost in Five Year Slide Contact List: Rev. Andrew Cammenga, Pastor, Escondido Christian Reformed Church 1850 N. Broadway, Escondido, CA 92026 H/O/FAX: (619) 745-2324 * E-Mail: ACAMMENGA@aol.com Dr. David Engelhard, General Secretary, Christian Reformed Church in North America 2850 Kalamazoo Ave. SE, Grand Rapids, MI 49560 O: (616) 246-0744 * H: (616) 243-2418 * FAX: (616) 246-0834 * E-Mail: engelhad@crcna.org ---------------------------------------------------------- file: /pub/resources/text/reformed/archive97: nr97-063.txt .