The Trust Clause

We have had a situation unfolding here in the Frederick area for over a year now. In fact, I think it was about this time last year...maybe even longer ago...that I first learned of it.

Sunnyside UMC, a small African-American congregation on Mountville Rd between Adamstown and Jefferson (at the top of the hill) essentially decided they no longer wanted to me United Methodist. Now, you have to understand that it takes a lot of cajoling by SOMEONE for a church to get to that point. A lot of churches get ticked off at some point. Most never imagine taking such a step.

Until recently, the district superintendent (TR Chattin, who has had far more grace with the people there than I may have mustered given some of what they've done), working with the bishop and conference officials, were dealing through the appropriate channels and the congregation. In fact, she tried very hard to talk with the congregation...time and again, but their rudeness in at times not even responding to her approaches is itself a stain upon Sunnyside's entire argument. They did not make a good faith effort early on to address concerns. By the time the conference was aware of what was happening, Sunnyside refused to earnestly discuss the matter.

What has complicated Sunnyside's attitude is the United Methodist Church's well-established (and impressive legal standing) trust clause. The trust clause dates all the way back to John Wesley, the founder of the Methodist movement. ALL CHURCHES within the Methodist system have this clause written into their founding documents or implied through other avenues. Essentially, all local church property is held in trust for the denomination.

There are many reasons for the trust clause, including maintaining the unity of the church. The trust clause also guarantees the original intentions of the founders of a local church are maintained. In the case of Sunnyside, while some churches' trust clause is implied, it is my understanding that their is EXPRESSLY stated in their founding documents. Their ancestors PURPOSEFULLY chose to be part of this system. It is not the conference, but rather those seeking division, who are failing to honor the founders of that congregation.

The trust cause has also been important during times when the church needed to speak up for social justice. During the height of the Civil Rights Movements and the desegregation of the Methodist church, the trust clause was a powerful tool to prevent racism from sweeping away church property.

I could go on and on about the trust clause, and if you want to talk with me more about it, I invite you to contact me. But all this said and beyond, the fact of the matter is that the trust clause is not only well established by legal precedent but also expressly written into Maryland's law code by my understanding. There is no legal question here. None. Whatsoever. That the bishop and conference leadership have continued to try to be in discussion with the congregation is an act of grace which has not been reciprocated by these brothers and sisters who will, inevitably, put a lot of money into a court battle they will lose. And all this when they could stop the whole thing by taking a step back. The conference has already shown a willingness to appoint a well-experienced, loving pastor to this troubled situation (to which the congregation responded by changing their worship service time and trying to lock this pastor out).

Of late, some Maryland legislators, in a show of sympathy for this congregation (sympathy which is understandable but displays a lack of knowledge of the entire situation) have drafted a bill which would create a special exemption of Maryland law for this congregation. Such a special exemption is necessary because there is NO QUESTION what the law actually is.

This effort poses so many problems it's mind boggling. Separation of church and state (the state doesn't want to church to guide it's policies and needn't feel entitled to rule the churches' own policies). Separation of powers (the legislative branch trying an end run around well-established legal precedent, and at any rate trying to get around a legal decision on a legal matter).

The Frederick media have at times portrayed this as a David and Goliath thing. Of course they relish this opportunity to stick it to the big church and yell and scream for the little guy. But you know what? Sometimes the little guy is actually wrong. Sometimes the larger entity is in the right. Some legislators may not like the trust clause, but that is our church's rules. And the courts have and will uphold them.

I could go on about the dangers to the UMC if the trust clause is negated in this case. Frederick state reps don't care about our denomination or the challenges we face and they don't understand the stakes. The stakes are high. They always have been. Which is why the denominational leadership treads lightly. But the truth is the trust clause will be legally upheld. If it (against wisdom and all legal and political guidance) should pass the MD legislature, it will be over turned in court. The people of Sunnyside will have spent even more money, MD will look foolish in the eye of jurisprudence, and we will have all gotten worked up over something that we already know how it's going to turn out.

That said, I hope we don't go that far. For the sake of everyone, let's stop spending money of this and start trying to make disciples of Jesus Christ instead. This whole thing makes us look silly. Below is an e-mail sent today. If you have opportunity to call your MD reps and ask them to uphold not only UMC church law but also the separation of church and state as well as the (constitutional) separation of powers, please do so.

Brothers and sisters in Christ:

I join you and your congregation in celebrating the power of the resurrection and the joy of this Easter season. I am writing to seek your support on an important and timely matter.

As you are aware, the congregation of Sunnyside UMC in Buckeystown, has expressed its intention to leave the denomination and to take the church property with it. This action is a violation of church and state laws. To get itself exempted from the Trust Clause, the church sought the assistance of a handful of area state legislators. House Bill 1554 and Senate Bill 1091 are the result.

Unfortunately, the Senate’s Judicial Proceedings Committee passed an amended bill yesterday that removes the entire section relating to United Methodists out of the state law. This will have a substantial impact - not only in our dealings with Sunnyside UMC but also potentially on the entire United Methodist Church. The bill goes to the full senate today for a first read and a vote will possibly take place Thursday. The House of Delegates Economic Matters Committee has not done anything with the bill yet.

I urge to you contact your state legislators today – particularly those who represent Frederick County, members of the Economics Matters Committee and members of the Judicial Proceedings Committee and voice your opposition to House Bill 1554 and the amended Senate Bill 1091. The legislative session ends April 12. Your action on this matter is of utmost importance. Attached is the contact information for all Senate and Delegate committee members considering the bill, as well as all Frederick County delegates and Senators.

Last week, I, and other conference leaders, testified before legislative hearings against these bills. I am now asking you to add your voice. As the leader of a vital United Methodist congregation, you know the importance of our connectional system. Both church law and the state constitution uphold the conference’s concerns about legislators granting an exemption to Sunnyside, or to the churches of Frederick County, (as a Senate amendment to the bill suggests) so that they might stand separate, functioning outside of our denominational rules.

Please be assured we are working very hard to find a grace-filled resolution to this issue. We need the voices of you and your congregations to be heard today.


Keep the Faith,

Bishop John R. Schol
Rev. Terri Rae Chattin
Rev. William T. Chaney, Jr.