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Posted by evanoff (Member # 4176) on :

High Court Decides Breakaway Church can Keep Property

In a ruling that may affect the trust clauses of several mainline denominations, the California State Supreme Court let stand a lower court ruling that allowed a Fresno congregation retain its property after severing ties with the UMC

Saturday, Dec. 4, 2004 Posted: 12:18:56PM EST

In a ruling that may affect the trust clauses of several mainline denominations, the California State Supreme Court let stand a lower court ruling that allowed a Fresno congregation retain its property after severing ties with the United Methodist Church (UMC), on Wednesday, December 1, 2004.

The case began in 2000, when St. Luke’s Community Church in west-central Fresno broke away from the denomination, citing theological disputes over homosexuality. Specifically, the congregation was angered at the leniency of the denomination toward those who broke the church’s Book of Disciplines that prohibit pastors from participating in same-sex union services. Following this dispute, St. Luke’s pastor and members withheld funds to the denomination, and removed the trust provisions from its deeds that defined the congregations as belonging to the UMC.

The denomination took the congregation to court, and in 2002, a Superior Court judge in Fresno ruled St. Luke’s could not remove the trust provision and that the UMC controlled the property.

Despite the dispute, the congregation continued to meet in the chapel and made an appeal to the California 5th District Court of Appeal.

On August 13, 2004, the court of appeals overturned the 2002 ruling and said St. Luke’s acted legally in changing the terms of trust language in its deeds.

Following the victory, St. Luke’s Rev. Kevin Smith said he loves the UMC but was thankful for the appellate court ruling.

“I love the United Methodist Church. But they can’t just pick and choose which parts of the Discipline they want to adhere to,” said Smith, who also said California’s corporate laws favor the congregation.

“California corporate law allows us, as owners of the property, to change terms of the trust in which we hold the property,” said Smith.

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http://www.christianpost.com/article/church/1696/section/high.court.decides.breakaway.church.can.keep.property/1.htm