Defeated by the 20-member Carrollton Presbyterian Church of New Orleans at trial, appellate and state Supreme Court levels, the PCUSA Presbytery of South Louisiana (PSL) is seeking U.S. Supreme Court intervention.

On May 17, bolstered by a phalanx of denominational lawyers from Louisville and New York, the presbytery went to Washington, asking the Supremes to validate its attempted confiscation of Carrollton Presbyterian Church property. There, its Petition for Writ of Certiorari has been challenged in a June 20 brief filed by Attorneys Lloyd J. Lunceford and Eugene R. Graves on behalf of the tiny congregation.

This David/Goliath contest has been many years in the making. It all started in 2007, when Carrollton decided to sell its building to a neighboring Catholic Church school that had been renting space in Carrollton’s educational building. This was to be a win/win transaction.

Carrollton would receive cash to invest in the congregation’s mission ventures, could continue worshipping in the sanctuary on Sunday, and would be freed from the expense of maintaining a large and aging building. On weekdays, the school could serve an increasing number of students who seek an alternative to New Orleans public education.

Presbytery Intervenes

Everyone cheered … except the Presbytery of South Louisiana (PSL) who intervened, claiming that a denominational trust clause gave it control over Carrollton’s property. Believing that the property which had been purchased, improved, maintained and insured exclusively by the Carrollton congregation belonged exclusively to Carrollton, the congregation pushed back. PSL responded by creating an administrative commission armed with the power to defrock Carrollton’s clergy, unseat its elected leadership and even dissolve the church.

In another New Orleans case during the same period a PSL administrative commission, having learned that leaders of the Woodland Presbyterian Church were discussing leaving the denomination, issued an order forbidding Woodland to hold a congregational meeting to discuss the matter. Reminding PSL that “USA” appears in the Presbyterian Church (USA)’s name and that all American citizens, including members of Presbyterian congregations, are guaranteed freedom of assembly by the US Constitution, Woodland obtained a temporary restraining order against PSL.

Carrollton Pushes Back

Carrollton launched a similar assault, protecting itself from a PSL takeover with a temporary restraining order from the trial court. Then, in a March 27, 2008 law suit Carrollton successfully argued that the PCUSA’s so-called trust clause is no good in Louisiana because it was imposed by the denomination without the explicit consent of the property owner (Carrollton). Further, the court warned PSL not to punish either the local church or its leaders for their stand in defending their property.

More and More Lawyers

Stung by Carrollton’s sharp stones, Goliath donned heavier armor. 441 emails were exchanged between PSL’s Louisiana attorneys, denominational headquarters, and attorneys with a New York firm known for helping gay, lesbian, bisexual, and transgendered groups change the PCUSA’s sexual behavior ethic. When Carrollton got wind of these exchanges it obtained a court order demanding that PSL attorneys reveal them. PSL dragged its feet until it was slapped with a “contempt of court” judgment, forcing it to comply with Carrollton’s demand.

The confab resulted in a flurry of depositions, motions, accusations, and quasi legal maneuvers designed by PSL and its colleagues to overturn the trial court’s decision. According to presbytery documents, PSL spent more than $300,000 in its assaults on Carrollton. Although outnumbered and outspent, the tiny congregation defeated every challenge, determined not to kowtow before denominational bullying.

Read More

[Editor’s note: the original URL (link) referenced in this article is no longer valid, so the link has been removed.]