UMC Supreme Court closes ‘merciful exit’ for departing churches

By means of Michael Gryboskieditor-in-chief of the church Wednesday October 30, 2024

The United Methodist Church’s highest court has ruled that congregations seeking to leave the denomination over theological differences cannot do so through a church closure provision.

Recently, many congregations have left the UMC through a Book of Discipline measure known as Section 2549, which focuses on how a church property should be officially closed.

The United Methodist Judicial Council released a ruling last Saturday known as Decision number 1512which stated that municipalities cannot use Paragraph 2549 to leave the UMC.

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According to the decision, the UMC’s Trust Clause, which requires all church property to be held for the benefit of the entire denomination, cannot be ignored, as would be the case by using Section 2549 to separate.

“Connectionalism is a basic tenet of United Methodist constitutional polity, and the Trust Clause is its foundational element,” the ruling said.

“Disaffiliation is a radical departure from connectionalism, and therefore church property can be exempt from the Trust Clause only to the extent permitted by church law.”

The Judicial Council further stated that Section 2549 “cannot be interpreted or used as legislation authorizing the ‘gracious departure’ of local churches because it applies to the closing of churches and the sale of property, and not to disaffiliation. ”

“Paragraph 2549 does not give an annual conference the disciplinary authority to close a local church and then provide all assets to the departing congregants,” the ruling continued.

“Paragraph 2549 is not an appropriate provision of the Abandonment Discipline. The provisions of ¶2549 are inconsistent with what is being requested, namely ‘disaffiliation’ and the request to breach the fiduciary clause.”

The Judicial Council’s ruling came in response to an official inquiry from the UMC Kentucky Conference and the UMC Alabama-West Florida Conference.

The Kentucky Conference has a statement Tuesday that, as a result of the Judicial Council’s decision, the regional body is “unable to provide local churches with a path to separation from the United Methodist Church.”

“Of course, as has always been the case, individuals are free to pursue the expression of faith of their choice,” the conference said.

“We continue to believe that the United Methodist Church is a place for all people, and we remain committed to our mission to make disciples of Jesus Christ for the transformation of the world.”

For decades, the UMC has debated whether it should change its rules to allow the blessing of same-sex unions, the ordination of non-celibate homosexuals and the funding of LGBT advocacy groups, which was finally approved earlier this year the General Conference happened.

At a special session of the General Conference in February 2019, delegates voted to add Paragraph 2553 to the Book of Discipline. The measure, which expires at the end of 2023, created a process for municipalities to leave the UMC due to the debate on sexual ethics.

About 7,500 congregations have broken away from the denomination during that time, while thousands have joined the recently launched theologically conservative Global Methodist Church.

Even after Section 2553 passed, many churches continued to leave the denomination Section 2549 of the Book of Discipline, which is about closing churches.

Under the measure, a district superintendent can recommend that a local church be closed if it “no longer serves the purpose for which it was organized or established.”

From there, conference leadership can declare the site closed and then “retain, sell, lease, or otherwise dispose of the property of a closed local church, in accordance with the direction of the annual conference, if any” is.”