More Than 100 Florida Churches File Lawsuit to Leave United Methodist Church
The lawsuit comes amid a slow-moving schism in the United Methodist Church largely over its stance on biblical sexuality and the ordination and marriage of its members who identify as LGBTQ. And, according to the head of a new, theologically conservative Methodist denomination that recently split from the United Methodist Church, it likely won’t be the last.
More than 100 churches are suing the Florida Annual Conference of the United Methodist Church to immediately disaffiliate from the denomination.
The lawsuit comes amid a slow-moving schism in the United Methodist Church largely over its stance on biblical sexuality and the ordination and marriage of its members who identify as LGBTQ.
And, according to the head of a new, theologically conservative Methodist denomination that recently split from the United Methodist Church, it likely won’t be the last.
“Florida is the first of what I would anticipate might be a number of similar lawsuits occurring,” said Keith Boyette, transitional connectional coordinating officer of the conservative Global Methodist Church.
In the lawsuit—filed Thursday (July 14) in Bradford County, Florida, by the National Center for Life and Liberty—106 churches allege the requirements for disaffiliation approved by a special session of the United Methodist Church’s General Conference are “onerous, and in many cases, prohibitive.”
That disaffiliation plan allows churches wishing to leave the denomination over its stance on sexuality to take their properties with them through 2023 after paying apportionments and pension liabilities. It was added to the Book of Discipline by General Conference delegates in 2019 alongside legislation called the Traditional Plan that strengthened the denomination’s language barring the ordination and marriage of United Methodists who identify as LGBTQ.
The annual conference is using the disaffiliation plan and the denomination’s trust clause to “hold for ransom Plaintiff Churches’ real and personal property,” according to the suit, when previously existing provisions in the Book of Discipline allow churches to simply deed their properties to other evangelical denominations.
Meanwhile, the lawsuit alleges the Council of Bishops and its past president—Bishop Ken Carter, who heads both the Florida and Western North Carolina conferences—are not abiding by the same Book of Discipline. Among other things, it said they did nothing as the California-Nevada Annual Conference elected the denomination’s first openly LGBTQ bishop, the Illinois Great Rivers Conference certified its first drag queen as a candidate for ministry, and the Western Jurisdiction declared itself a “safe harbor” for LGBTQ clergy.
In a written statement in response to the lawsuit, Carter said the Florida Annual Conference was “deeply grieved by this, as we seek to be a church united in love and in mission.”
The Florida Annual Conference is committed to the “gracious exit” provided in the Book of Discipline and has tried to engage churches in that process, according to its bishop’s statement.
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Life in the Valley
Written by Bruce A. Little |
Saturday, September 28, 2024
Like many young people I did not make the most of what was offered, but that was my fault. At that that time, nobody told me I should be ashamed of my whiteness or if I wanted to become a girl I could. We believed good and evil were objective categories. No one suggested that I deserved anything I had not worked for—well except for my birthday and Christmas, which were such special times. I was not told that my country was evil, and I learned that my happiness was not the first virtue in life.The memories of my childhood in Nobleboro, Maine (mid coast) are a source of immeasurable delight. Life was not perfect, but it was good. My parents were part of what Tom Brokaw celebrated as “The Greatest Generation.” After World War II (my father fought in the Pacific), my parents settled in “the valley” when I was three years old and eventually started a small dairy farm where we worked alongside adults in the fields and in the barn. That provided the context for the next 15 years of my life. It was a wonderful life which I shared with my brother, who was three years my elder (a hero in the Vietnam war). When we were working on the farm, we spent hours playing outside using our imagination to make up worlds that allowed us to pretend to be adults. Spring and early summer evenings would find us playing baseball with neighborhood children until it was so dark you couldn’t see the ball. In the winter, wonderful hours were spent with the same children sliding down Reed hill where road conditions (early on it was a dirt road) and traffic volume were different in those days, so I do not suggest anyone try it today. It was a simple or should I say an uncomplicated life. Life was ordered according to the rhythms of nature where each season brought something different and enjoyable. Although I never liked weeding the garden, when the harvest was gathered in the fall it gave a wonderful sense of security. We were prepared for the winter. It is true we did not have all the electronic gadgets of today but as time has proven, all of that would not have made us better or happier.
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A Worthy Wife to Be
Ruth did what she could (even straining her capacity at times) to care for those God had given to her, even when the risks were great, even when her strength ran low, even when others would have understood if she stopped, because Ruth was a worthy woman.
She knew that typically the man would make the first move. She knew that what she was doing would appear at least suspicious, perhaps scandalous. She knew what other people might say. She knew just how much she might lose (after all she had already lost). And yet there Ruth lay, in the dark — vulnerable, hopeful, trusting, courageous — waiting quietly at the feet of a man who might wake up at any moment.
Even in a more egalitarian age, the strange and brave step Ruth took that night can make many of us uncomfortable:
When Boaz had eaten and drunk, and his heart was merry, he went to lie down at the end of the heap of grain. Then she came softly and uncovered his feet and lay down. (Ruth 3:7)
Such was Ruth’s way of asking Boaz to take her as his wife. But why did she ask like that? Wasn’t there another way? Couldn’t her mother-in-law have put out some feelers with Boaz’s servants?
Maybe. But God, in his wisdom, decided to join this man and this woman in this unusual way. And when we stop to look closer, the strangeness of the scene actually enhances the beauty of their love. This potentially embarrassing moment highlights what makes Boaz a worthy husband — and what makes Ruth a worthy wife.
Worthy Woman
As scandalous as it may seem for Ruth to lie down next to Boaz while he was sleeping, it seems that, in God’s eyes, she acted honorably and in purity. For all the beautiful glimpses we get of Ruth in these four chapters, she is called a “worthy woman” just once, and it’s right here, at this most vulnerable moment. Boaz, recognizing her in the dark and receiving her humble and submissive initiative, says to her,
Now, my daughter, do not fear. I will do for you all that you ask, for all my fellow townsmen know that you are a worthy woman. (Ruth 3:11)
Worthy when her husband died, worthy when her mother-in-law was left alone, worthy in a foreign land, worthy while working long days in the fields, worthy even here, in the darkness, on the threshing-room floor, waiting at the feet of the man she desired. A truly worthy woman is as worthy in secret as she is when others are watching — and Ruth was just such a woman.
So, what sets Ruth apart as a worthy wife-to-be — yes, in the eyes of Boaz, but all the more in the eyes of God?
Loyal Woman
The story of Ruth’s worthiness begins with her surprising loyalty.
Her mother-in-law, Naomi, had lost her husband as well as her two sons, including Ruth’s husband. Naomi saw how bleak their future had become and tried to convince her two daughters-in-law to go back to their families. In response, “Orpah kissed her mother-in-law, but Ruth clung to her” (Ruth 1:14). When Ruth had great reasons to leave and save herself, she stayed and cared for her mother-in-law instead. Listen to the intensity of her loyalty:
Do not urge me to leave you or to return from following you. For where you go I will go, and where you lodge I will lodge. Your people shall be my people, and your God my God. Where you die I will die, and there will I be buried. May the Lord do so to me and more also if anything but death parts me from you. (Ruth 1:16–17)
Ruth could have walked away, but faith and love had bound her to Naomi. Staying meant suffering. Staying meant sacrifice and risk. Staying could have even meant death — especially in a period when the judges in Israel, though charged to care for the widow, “did what was right in [their] own eyes” (Judges 17:6). But nothing would make Ruth leave now.
As news spread, her future husband was especially drawn to this loyalty in her: “All that you have done for your mother-in-law since the death of your husband has been fully told to me, and how you left your father and mother and your native land and came to a people that you did not know before” (Ruth 2:11).
Fearless Woman
Ruth could not have been loyal in these circumstances without also being courageous. You hear and feel her fearlessness in the vows she makes to Naomi:
Where you die I will die, and there will I be buried. May the Lord do so to me and more also if anything but death parts me from you. (Ruth 1:17)
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A Response to Terry Johnson’s Review of SJC Case 2021-13, Dudt vs Northwest Georgia Presbytery
The SJC was considering two questions in this case. The first was whether the session at Midway erred in convicting Phil Dudt of the charges brought against him, and the second was whether the Northwest Georgia Presbytery erred in upholding that conviction. The SJC answered yes to both questions, and that ruling is the subject of pastor Johnson’s disappointment.
As a member of Midway Presbyterian Church who recognizes and appreciates its importance to both my region of the country and the denomination to which I have fled as an SBC refugee, I have made it a point to closely follow the various controversies that exist within my own church, though I am not personally a party to the disputes. I was dismayed to read pastor Terry Johnson’s article criticizing the SJC’s ruling which overturned the conviction of RE Phil Dudt, finding his critique both poorly reasoned and generally unhelpful in that it serves to obfuscate the matter rather than clarify it.
Pastor Johnson complains that the SJC does not understand the context surrounding the case, but he provides very little for his readers as he does not even explain what Dudt was tried and convicted for. It is necessary for anyone interested in the matter to read the summary of the facts here.
On July 8, 2020, the session called a congregational meeting for the purpose of electing three assistant pastors as associate pastors to take place on July 19, 2020. Phil Dudt sent an email to the congregation in which he asked the congregation to support a substitute motion to postpone the meeting until January, 2021. The full text of his email can be read in the summary of the facts. He gave several reasons for this motion, one of which was the fact that Midway had only recently been involved in another controversy regarding the handling of officer nominations in which the SJC ruled against the session. His motion to postpone the meeting failed, and the congregation subsequently voted to install the three candidates as associate pastors.
The session at Midway then brought charges against RE Dudt, alleging that his email was a violation of the 5th and 6th ordination vows, as well as the ninth commandment. Dudt was convicted of the charges, appealed that conviction to the Northwest Georgia Presbytery, and then to the SJC.
The SJC was considering two questions in this case. The first was whether the session at Midway erred in convicting Phil Dudt of the charges brought against him, and the second was whether the Northwest Georgia Presbytery erred in upholding that conviction. The SJC answered yes to both questions, and that ruling is the subject of pastor Johnson’s disappointment.
Johnson’s first stated reason for his disappointment was that the SJC does not recognize the larger context within which the complaint was made. He speaks of a contentious minority that has been engaged in a prolonged battle against the will of the majority. The complaint being considered by the SJC was an appeal filed directly by Phil Dudt himself, not by any third-party members of the church. The context for the complaint is the actions of Phil Dudt and the trial that ensued, not the actions of other people within the church that took place before or after. There does exist a portion of the congregation which is vehemently opposed to the session at Midway in general and pastor David Hall in particular, but Phil Dudt has never publicly identified with them. Many of these members are anonymous in their opposition and therefore would be impossible to identify with in the first place. His only association with them is the fact that he is an officer of the church (which is a connection to this faction shared by all members of the session, not just Dudt) and the fact that they agreed with his arguments for postponing a congregational meeting called for the purpose of voting on a motion to install three associate pastors.
The second point made by Johnson in his critique of the SJC decision is the one I find most disappointing by far. The SJC agreed that there was no evidence in the ROC to support the charges that were brought against Dudt. Specifically, what the session failed to show was that Dudt’s actions constituted an offense according to BCO 29-1. This led to the sustainment of specifications of error 4, 5, 6, 14, and 24. Johnson argues that this constitutes an argument from silence and that the proper course of action by the SJC would have been to investigate further because, “the benefit of the doubt, or shall we say, the presumption of innocence, should be given to the majority in the local lower courts.”
This is extremely flawed logic. Pointing out that the prosecution failed to substantiate the charges is not an argument from silence. An argument from silence is when the absence of evidence for one proposition is taken as evidence for the truth of a contrary proposition, particularly in the field of historical analysis. The question being decided by the SJC was not whether Phil Dudt was innocent or guilty but rather whether or not the session erred in finding him guilty. The accused party has the presumption of innocence until proven guilty. The point is not that the lack of evidence of his guilt proves his innocence but rather that the failure to provide evidence of guilt renders a conviction unjustified.
More importantly, Johnson’s reasoning here shifts the burden of proof from the accuser to the accused. The burden of proof when bringing charges against any member of the church, let alone an elder, is on the one bringing the charges (BCO 29-1), not on the one being accused. This was addressed in specification of error 31, which was sustained in the SJC ruling. If no evidence to sustain the charges is provided, the proper course of action is for the court to render a verdict of “not guilty,” not to delay judgment until evidence can be found. The question being decided by the SJC was whether or not the conviction of Dudt by the court was warranted. To “presume innocence” on the part of the majority of the court on that question is to presume guilt on the part of Phil Dudt. Pastor Johnson’s logic essentially amounts to saying that the SJC should have upheld the rulings of the lower courts because they were the rulings of the lower courts. That is obvious question-begging and would defeat the entire purpose of the appeals process.
Johnson’s third point, that technical errors of process should not be given undue weight in light of the larger context is wholly irrelevant to the question at hand. He made no effort to explain how exactly the SJC gave undue weight to technical errors of process, and the facts do not support the claim. The SJC did not overrule Phil Dudt’s conviction on the basis of procedural errors but rather on the basis that the charges upon which he was convicted were unfounded and unproven. Furthermore, a number of the specifications of error listed by Johnson as technical errors of process are not in fact mere technicalities but rather are errors which fundamentally undermine the character of justice, particularly errors 25, 30, and 31.
Pastor Johnson’s fourth point, which he calls the heart of the issue, is another exercise in circular reasoning. He asserts that Phil Dudt “does not have the right to send private communication without the knowledge of the session, especially one which contradicts, and in the contradiction denigrates the session.” We can all agree that he does not have the right to denigrate the session, but the whole point here is that he did not denigrate the session. Phil Dudt only denigrated the session if you consider the act of arguing in favor of a substitute motion to be denigrating in itself. Such a position would be absurd. Dudt expressing disagreement with a decision of the session to call a congregational meeting to elect three associate pastors no more denigrates the session than pastor Johnson expressing disagreement with an SJC ruling denigrates the SJC. Dudt’s reasoning for delaying the meeting in no way denigrated the session. He did not even voice opposition to the session’s proposal to install the three associate pastors. All he argued for was to postpone the meeting until the following January. Johnson’s characterization of Dudt’s actions presuppose his guilt, and then he uses that presupposed guilt as a basis to criticize the SJC’s ruling overturning the conviction.
Pastor Johnson goes on to point out how the SJC decision has injured the ministry of a veteran, faithful, and devout minister. I assume he is referring to pastor David Hall. This is true, and I largely share the concern. Johnson explains that Hall, “has sustained constant, false, and destructive attacks from an organized and determined minority. At the foundation of their bitter opposition was an orderly process whereby the session voted to nominate assistant ministers to serve as associate ministers, and the congregation voted to concur with the recommendation to call the assistant ministers as associates. The minority did not like the decisions or the processes, though both were in order. They simply refused to submit to the majority.”
First, it is worth noting that Johnson’s assertion that both the decision and processes were in order is not a matter of unanimous agreement. The question of the orderliness of the process became the subject of another controversy when thirteen ordained members of Midway signed a 40-5 credible report alleging various BCO violations stemming from that meeting. That report was viewed as legitimate enough for the Review of Presbytery Records Committee to unanimously recommend that it be referred to the SJC for adjudication. That recommendation was ultimately rejected by the General Assembly by a 54% – 46% vote. Whichever side one might take on the questions surrounding that meeting, I do not think it is properly charitable to assume that these issues were raised out of nothing more than a stubborn refusal to submit to the will of the majority. It strikes me as unlikely that so many people—including many who were not themselves involved—would see legitimacy in the objections if those objections could not have been raised in good faith.
More importantly, even if you agree that the actions taken by the minority after the congregational meeting is a stubborn refusal to submit to a legitimate decision of the majority, that has nothing to do with the case of Phil Dudt. The actions for which he was tried and convicted occurred before the meeting, not after. He was not one of the signers of the 40-5 report. At no point did he indicate any unwillingness to submit to the results of that congregational meeting, and has taken no action to undermine it.
While I share pastor Johnson’s overarching concerns about the fact that many members of Midway have made use of this SJC ruling to launch all sorts of attacks on David Hall, it does not follow that the SJC made the wrong ruling in the case. Consideration should be given to the fact that Phil Dudt is also a veteran, faithful, and devout minister, and that his conviction did injury to his ministry as a ruling elder. To uphold a wrong conviction which injured one minister for the sake of protecting another from criticism would have been blatant partiality on the part of our denomination’s highest court, and I am thankful that did not happen.
As I see it, the true heart of the issue here is whether or not Phil Dudt deserved to be convicted of the charges that were brought against him on the basis of his email to the congregation. How an email advocating the postponement of a congregational meeting which contained no false statements, no accusations or assignment of ill motives, and no opposition to the proposed action itself constitutes violence to the unity, peace, or purity of the church, lack of subjection to the brethren in the Lord, or a violation of the ninth commandment is beyond any reasonable comprehension. That is why the SJC unanimously overturned the conviction, and I do not believe they erred in their judgment in doing so.
Jonathan McElrath is member of Midway Presbyterian Church in Powder Springs, Ga.
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