Proposed change in Texas law aimed at church property disputes
Episcopal News Service. January 30, 2009 [013009-03]
Pat McCaughan
An Episcopal priest who proposed rewriting Texas law to favor dissident congregations in property disputes said January 30 he considers it "the next natural step" in an attempt to halt lawsuits within the church.
"It's shameful we're spending so much money suing one another when we could be using that money for mission," said the Rev. Canon Ed Monk, rector of St. John's Episcopal Church in Corsicana.
He and other leaders of the conservative 300-member St. John's, located about 50 miles southeast of Dallas, contacted state Representative Byron Cook, a three-term Republican. On January 22, Cook introduced House Bill 729, which directs courts to find a "just and right" division of property, having "due regard" for all parties.
Cook did not return Episcopal News Service calls January 30, but Monk said that the changes were inspired by a Virginia law which awarded property to dissident congregations, contradicting Episcopal Church canons. "I thought it would be good to have a similar one," he said.
"I sat on the Standing Committee in Dallas for the last two years while we lost congregations," Monk said. He also cited property disputes in the dioceses of Pittsburgh, San Joaquin, "and soon-to-be Fort Worth" where a majority of members voted to realign with the Anglican Province of the Southern Cone yet sought to retain property and assets.
Lawsuits are pending in Pittsburgh and San Joaquin, and the Rev. Canon Courtland Moore, co-chair of the steering committee of North Texas Episcopalians in the Diocese of Fort Worth, has also acknowledged the possibility of future litigation over property and assets there.
But the Rev. Canon Charles Robertson, Canon to Presiding Bishop Katharine Jefferts Schori, said that "the Episcopal Church (TEC) is confident that the proposed Texas legislation, which would conflict with Texas law, will not impact the property rights of hierarchical religious denominations in Texas or elsewhere.
"Recent decisions by the highest courts in California and New York confirm the bedrock principle that the First Amendment protects a church's authority to determine its own polity without interference by the state," Robertson added. "We believe that this view will continue to prevail in other states and other courts, including in Texas."
Jon Nelson, a lawyer who represents continuing Fort Worth-area Episcopalians, told the Dallas Morning News he assumed the bill was directed at the Episcopal Church controversy, but could affect other hierarchical churches.
But he added: "When you have a hierarchical church that has determined ownership of property, I don't believe a state legislature has the ability to change that. If it attempts to do so, I believe the legislation is unconstitutional."
Monk said he hasn't personally received much reaction to news of the proposed legislation and emphasized that it isn't an action of St. John's. "The vestry hasn't voted on it and we're not seeking to leave the church," he said.
"It's fair to say I'm not particularly pleased with the direction of the Episcopal Church and I am pleased with the leadership of (diocesan) Bishop Stanton," he added.
The Texas legislature meets 180 days every other year, and just began a legislative session, he said. "We are waiting to find out if the bill will go to committee or straight to the House floor," he added.
Cook described himself to the Morning News as an "old Southern Baptist" who introduced the bill on behalf of constituents with legitimate concerns. He predicted the property disputes weren't going to go away anytime soon.
Still, Monk said that's what he hopes for. "At the last convention of the Diocese of Dallas I sponsored a resolution to be sent to General Convention, calling for an end to the lawsuits," said Monk. "To me this is the next natural step in that.
"My experience in Dallas has told me that Christians in good faith can negotiate these difficulties without resorting to anything else. What I believe the bill does is level the playing field."