Individuals, groups and the nature of membership
Have a look at The Episcopal Church News Service's story on yesterday's developments.
It includes this:
"Dioceses and congregations, however, do not officially 'leave' the Episcopal Church simply because leaders or
any number of members depart, said the Rev. Jan Nunley, deputy for Communication at the Episcopal
Church Center in New York. 'Parishes are created by dioceses and dioceses are created by action of the
General Convention,' she said. 'People are free to leave,' but congregations and dioceses continue within
church structures.
"Nunley confirmed that the Episcopal Church's elected leadership may, if necessary, declare a diocese
vacant, and that in such a case the Presiding Bishop would call for the election of a new diocesan bishop,
among other actions."
This raises an interesting philosophical question, I think. Obviously, individuals leave churches all of the time. And I'd be surprised if any of them, whatever the duration of their membership, expected to get back money they contributed during their membership. Does the situation change if lots of people want to leave at the same time for the same reasons? Do they have rights, or perhaps a better word would be standing, as a group that they wouldn't have as individuals? There are interesting legal, ecclesiastical and theological issues here that I would love to here people's views on.
I believe that it is called "theft". I was taught that when you give something away, you do not get to change your mind and take it back again. A gift to the church is simply that. I doubt very much that a donation can be considered as an investmnet. Also, how does one claim that they own something that they gave away?
How many people claim deductions to the IRS every year, siting what they have given to their church?
I am not an attorney, but, on the face of it, this practice of claiming ownership of diocesan property because TEC did something that you don't like is blatantly dishonest.
Posted by faithwatch | June 29, 2006 10:07 PM
No, the numbers do not make a difference. Parish property is held by parish vestries in trust for the diocese. If a large number of parishioners leaves, some remain. They are the parish. If their numbers cannot support the parish, it may require support from the diocese until they can be self-supporting, or they may have to be closed temporarily, or the property may have to be leased or sold. It still belongs entirely to the diocese. Those leaving have no "rights." Contributing to or belonging to a charitable organization does not provide any basis for ownership. "Rights" in this case are no more than claims and claims must be justified on grounds that are reasonable and legal. Clarity is gained in seeing "rights," as many contemporary ethicists do, as claims which must be justified. In this case there can be no justification since the property unequivocally belongs to the diocese.
Phillip Cato
Posted by Phillip Cato | July 1, 2006 9:58 AM