A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife

Abstract

Although congregational disaffiliation from mainline churches is not a new phenomenon, the current disputes threaten the deepest divisions yet. Although the "presenting issue" in the current disputes generally has to do with the sexuality of clergy or higher leaders, many argue that the disputes stem from fundamental differences over biblical interpretation and the authority of scripture. According to some estimates, the number of congregations that have departed TEC in the wake of the Robinson consecration is around 100, and includes some of the denomination's largest and most influential traditionalist parishes. Disputes over controversial actions at the most recent national gatherings of both Episcopalians and Presbyterians have continued to draw additional scrutiny from dissenting member congregations. As the relationships break down and long-term attempts at reconciliation fail, the parties involved are more frequently taking their disputes to the civil courts, where national churches and their regional organizational bodies have sought to assert ownership of the property. Although the majority of disaffiliating congregations have been composed of traditionalists seeking to leave more progressive regional authorities, conflicts occasionally occur in the opposite orientation: progressive congregations in relatively traditionalist regions have voiced concern that they may not be allowed to remain in the general church if the entire regional structure chooses to disaffiliate.

Courts adjudicating such disputes face a complex array of legal issues, ranging from applying intricate state trust law provisions to determining what relative weight to give often-contradictory documents. These tasks are particularly difficult because the entities involved in church property litigation tend to be very unlike their secular counterparts, and because courts must always be wary of impermissibly involving themselves in religious matters. Given these considerations, courts, churches, and their attorneys must be informed about the constitutional standards involved, the ways in which states have adopted, adapted, and applied these standards, and where this area of the law might be headed as America's mainline Protestant denominations continue to struggle with competing visions of self-identity.

Accordingly, Part II of this Comment briefly reviews the history of civil adjudication of church property disputes in America, focusing on the challenges posed by forms of church polity such as those of mainline Protestant denominations, as well as the jurisdictional limits established by the Constitution. It then surveys extant scholarship on the relevant Supreme Court decisions and categorizes the different approaches the states have taken in implementing those decisions. Part III proceeds to an evaluation of the various approaches to church property disputes, examining the asserted need for a uniform standard as opposed to one that is more flexible and factspecific. After briefly weighing several inferior proposed solutions to the current confusion, it commends a strict neutral-principles-of-law approach as the interpretation that best comports with appropriate deference to precedent, the interests and desires of the parties involved, and the fundamental principles of American religious and civic practice. Part IV offers some thoughts on the future direction of the law in church property disputes in light of current events, focusing on several ongoing situations with national implications, the possibility of further consideration by the U.S. Supreme Court, and the potential impact of factors external to civil adjudication on future jurisprudence in the area. Part V will briefly conclude the Comment.