c. 2000 Religion News Service

ANNAPOLIS, Md. _ When a former congregation of the African Methodist Episcopal Zion Church chooses to break away from its denomination, does it have the right to take its property with it when it becomes independent?

Two different answers to that question were presented Thursday (Sept. 7) when the case of From the Heart Church Ministries, formerly the Full Gospel AME Zion Church, of Temple Hills, Md., reached Maryland’s highest court. Lawyers representing the breakaway church and the denomination took turns giving their interpretation of church law and property rights to the seven red-robed judges of the Court of Appeals.

“This is a forfeiture case,” said Jack Lipson, a Washington lawyer representing the breakaway church pastored by the Rev. John A. Cherry.

He said the court would have to determine “whether From the Heart is going to be required to forfeit all of its property to the AME Zion denomination because it withdrew from the denomination.”

James E. Ferguson II, the Charlotte, N.C.-based attorney for the AME Zion Church, took a different view.

“This case is not about forfeiture at all,” he said. “This is about the enforcement of the trust provision in the Book of Discipline of a hierarchy church.”

In March, the Circuit Court of Prince George’s County, Md., ruled that Cherry and his new church must relinquish property totaling about $40 million that it owned while affiliated with the AME Zion Church. Cherry and his megachurch, which left the denomination in 1999, appealed.

The property includes two sanctuaries, a Learjet and 130 acres, all of which Cherry’s congregation _ which claims 24,000 members _ has been allowed to maintain until the Court of Appeals makes its ruling. About 100 members of Full Gospel AME Zion Church _ who did not join Cherry’s new congregation _ have been meeting in Washington in the chapel of another AME Zion congregation.

Lipson argued that the lower court ruling was based on a provision regarding trusts in the Book of Discipline, which contains the laws of the AME Zion Church, and that denominational officials were aware that the church property in question “was not deeded according to the Discipline.”

He said the denomination did not originally object, but decided after the church broke away to contest the ownership of the property.

“There must be an expressed notice that property is going to be forfeited if you withdraw from the denomination and that notice needs to be present before the ax falls and not after,” Lipson said. “Forfeiture by stealth is not appropriate.”

Ferguson argued that although the property deeds did not specifically state a tie to the denomination, the congregation was still bound by the Discipline.

“It’s not possible for the Board of Bishops to look at every deed,” he said.

Ferguson said it was the pastor’s responsibility to abide by the Discipline, which requires that deeds for church buildings should include a clause stating that the premises are “in trust” with the denomination.

But the next section of the Discipline adds that the “absence of a trust clause … shall in no way exclude a local church from, or relieve it of, its African Methodist Episcopal Church Zion Church Connectional responsibilities.”

“The church anticipated that someone might do exactly what Rev. Cherry did in this case,” Ferguson said of the denomination’s lawbook.

While Cherry’s congregation may argue that “somehow the church waived the trust provision,” Ferguson said the Discipline includes “a non-waiver provision.”

“In essence, what Rev. Cherry and those who follow him are asking is that the court allow them to flout the rules of the AME Zion Church,” he said.

Lipson responded that if the court follows the denomination’s line of argument, such a ruling could lead to the “possible destruction” of the breakaway church.

Apparently, some members of Cherry’s church did some arguing of their own prior to the hearing.

As soon as Lipson completed his first thought, Judge Dale Cathell questioned him about his knowledge of a protest against the court.

“Each judge received from your client upward of 30, 40 or 50 letters,” he said, adding that all but one ended with a line about how church members “will remember” elected officials in November. Judges of the court are retained through general elections.

Asked by Cathell if he was aware of the attempts “to intimidate this court,” Lipson said he was not.

“It is not part of the case that we are presenting,” he responded. “It is not part of the appeal.”

After the hearing Bishop George Walker, president of the AME Zion Board of Bishops declined to comment on the actions cited by Cathell other than to say “that speaks for itself.”

Cherry declined to comment after the hearing.

(OPTIONAL TRIM FOLLOWS)

Walker said eight active AME Zion bishops and one retired bishop were among those who attended the hourlong hearing in the packed courtroom, which included supporters of each side.

“It’s unfortunate that we are pitting neighbors against neighbors in this case,” said Walker, leader of the denomination’s Northeastern Episcopal District, which includes New York and New England.

Asked about Lipson’s comment about From the Heart possibly being destroyed, he responded: “There was no intent on our part to destroy a church. … The issue here is the ability of a denomination to set its own law and its rules and those persons who join it to govern themselves accordingly.”

Ten other denominational groups filed friend-of-the-court briefs supporting the AME Zion Church.

“More than 20 million people are affected by the outcome of this case,” said Walker. “What happens in this case could very well affect other denominations. … We believe the court will do what’s just and fair.”

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