Yesterday's Washington Post reported on the growing number of Presbyterian congregations that are trying to break away from the Presbyterian Church (USA) over the issue of ordination of gay clergy. The sticking point in most of these fights is whether the break-away congregation can get title to its church building and other property. Church leaders say that the national body's constitution is clear in providing that local churches hold church property in trust for the denomination.
These kinds of property disputes have a long history in American law and in the Presbyterian Church. An article in last April's issue of The Layman points out that four U.S. Supreme Court cases, beginning with the groundbreaking 1871 decision in Watson v. Jones, involved Presbyterian congregations seeking to become independent or change their affiliations.
