Navigating the Legal Path: Success Stories of Disaffiliated United Methodist Churches
The United Methodist Church (UMC) has experienced a series of disaffiliations in recent years. By March 2023, the General Conference gave congregations until December 31, 2023, to meet the disaffiliation requirements. While most disaffiliations are negotiated without the need for court cases, successful church disaffiliations have often led to court rulings in their favor due to state property and corporation laws. This article explores the legal strategies and outcomes of these successful cases.
Outcomes of Disaffiliation Cases
The majority of disaffiliations have not required court intervention. However, for those that have ended up in court, the success of churches in winning their cases has largely been due to the application of state property and corporation laws over the trust clause of the UMC. The trust clause, while a well-documented policy, is not a hidden loophole but a measure meant to protect congregations from those who might try to abscond with their assets.
Key Legal Strategies
Efforts to win court cases primarily revolve around demonstrating that state laws supersede the trust clause in the UMC. This usually involves detailed legal arguments and evidence to support the church's claims. In the last few years, disaffiliating congregations have largely followed the procedure outlined in Paragraph 2553 of the Book of Discipline, which has helped in resolving the issue more calmly and without significant conflict.
Settlements vs. Disaffiliation
A significant number of disaffiliations have been resolved through negotiations with the annual conference, the legal owner of the assets. Such agreements benefit both sides, especially when the majority of the congregation truly wishes to leave the denomination. Negotiated settlements allow the congregation to acquire the facilities over a period, even if it is just a token amount. This approach is seen as preferable to the congregation moving out and leaving the conference with an unused, costly building.
Individual and Corporate Rights to Disaffiliate
It is important to note that individual members and congregations as a whole have always had the right to disaffiliate from the UMC. There is no need for paperwork or an exit interview. However, the sticking point is often financial. Disaffiliating churches aim to take the property and assets with them, which, while it sounds reasonable, must be seen in the context of shared history and responsibility.
Reflections on Disaffiliation
My own congregation, celebrating its 200th anniversary, stands as an example of a strong community committed to its mission. A church campus, originally donated to host the Methodist Episcopal Church, now valued in the tens of millions of dollars, carries the legacy of many faithful members who have invested their time, effort, and financial gifts into its ongoing ministry. Our congregation has no desire to disaffiliate, highlighting the complexity and significance of these decisions.
Through careful legal strategies, calm negotiations, and respect for the shared history, many disaffiliating churches have navigated their way to peaceful and manageable outcomes. These success stories offer hope and evidence for those considering the path of disaffiliation.