Who Owns Church Property?

The members of St. Luke’s of the Mountains Church in La Crescenta, California have received an eviction notice from the Episcopal Church and the local Episcopal diocese. Their offense was to vote to leave the Episcopal Church over its recent liberal moves such as the ordination of openly practicing homosexual and lesbian bishops. The church members contended that they paid for and owned the church property while the national denomination also claimed ownership. The civil courts sided with the denomination.

Property disputes of this type (in a hierarchical structure) will be handled differently by the courts than would be those arising in the congregational denominations because of the differences in traditional church governance.

The real issue here is whether or not the dispute should have gone before the civil authorities at all. Traditionalists would say that 1 Corinthians 6:1-7 says no. Some would go so far as to say that Christians are required to not defend themselves at all in civil or church courts.

A review of the relevant scriptures shows that Paul, in Acts, defended himself in court and insisted on his legal rights. Jesus defended Himself before the civil authorities, “according to the Law.” (Exodus 23:1, Deuteronomy 1:16, 17:6, 19:15, John 5:51, 18:33-37.}

A balanced interpretation of the issue recognizes that the civil authorities are ordained by God to handle legal matters and civic issues (Romans 13:1-4) and that we are to respect and honor them (1 Peter 2:14).

Doctrinal issues and personal matters between believers should not be judged by unbelievers but by faithful church leaders as defined in each church tradition.

Another consideration: if pursuing the issue will produce negative effects on the church, Christians can choose not to assert their legal rights. (1 Corinthians 6:7).