General Comments
- Historical Context: A disaffiliation process was originally added to the Church Order connected to the Women in Office discussions, and the subsequent departure of a number of churches. Synod 1997 adopted a required disaffiliation procedure and placed it in the Church Order, Article 38-f and Supplement to ensure disaffiliation, whatever the reason, is done in an orderly way with congregational involvement.
- Two Key Provisions: (a) opportunities for classis to meet with the council & congregation to present the case for remaining with the denomination (b) requirements for two congregational meetings and a congregational vote (ie. a council can’t make the decision on their own)
- Emerging churches: are under the care of an organized church, have no council, and are not required to follow the Church Order. They also might not have legal articles of incorporation in place. So they can leave the denomination without following the disaffiliation process, but should still use it as a guide, working with their supervising church council and classis.
- Refusing to Follow Process: If an organized church refuses to follow the required disaffiliation process, and there are no internal disputes about the disaffiliation process within the church, realistically classis has little recourse. While churches should abide by the Church Order, the classis cannot force them to if they have collectively decided to leave the CRC following their own process. However, churches may not realize that it is advantageous to them to follow the process and to be transparent about it since it avoids potential disputes within the church about whether the disaffiliation was handled properly, what is to be done with property, etc. Additionally, the process is much simpler and minimal than many expect it to be.
- Disputes about Property: Historically, when disputes have ended up in civil courts, especially with regard to property owned by the church, judges have sided with those who stayed in the CRC. Note that in the CRC property is owned by the local church, not the classis.
- Forcing a Church to Disaffiliate: There is no procedure for forcing a church to disaffiliate (i.e. kick them out). Although about 15 years ago a church was told that its decision to consider ordaining same-sex married persons to office would entail disaffiliation, that threat was never tested in the assemblies (classis or synod), nor in that congregation, which agreed to conform its practices to the position of the CRC on homosexuality before any disciplinary action was taken against them.
An UNOFFICIAL Sketch of Disaffiliation Process in Phases
Discernment Phase
This is a more unofficial time, when the church may be starting to wonder whether to stay or go.
Indicators a church is discerning disaffiliation may include things such as:
- Overtures or communications to classis about dissatisfaction with the CRC
- Indicating markers that would prompt the church to leave the denomination (“lines in sand”)
- Decreased or stopped denominational or classical ministry share contribution
- A non-CRC ordained pastor of the church stopping their candidacy, EPMC, or Art.8 process
- Other…
We consider this phase to end and move into the next phase when the council has made a decision to begin the disaffiliation process. Note: a council might assume that deciding to move forward with the disaffiliation process is the disaffiliation itself; however, this simply starts the official process.
Deliberative Phase
(Art. 38-f & Supplement)
- Council informs classis of its plan to disaffiliate, with grounds.
- Classis sends representatives to meet with the council to attempt to dissuade them from leaving.
- Council, if not dissuaded, calls the first congregational meeting.
- Classis representatives are given the opportunity to speak to the congregation.
- Congregation takes preliminary vote on disaffiliation. If it passes, a second meeting is scheduled.
- Second congregational meeting is held at least one month but no more than one year later. Ordinarily this meeting would include more detailed information about property matters, potentially joining another denomination, what happens to membership for those who wish to stay in the CRC, etc.
- Congregation votes to disaffiliate. Majority required is determined by the congregation’s bylaws or articles of incorporation.
Departure Phase
(Art. 38-f & Supplement)
- Classis provides for members who wish to remain in the CRC.
- Classis settles any disputes between different factions (and synod upon appeal).
- Disaffiliation is complete when classis votes to acquiesce in the congregation’s decision.
Potential additional steps:
- A member or group of members may appeal council’s decision, keeping in mind that appeals should only come in response to a lack of following the proper process itself. A member or group of members may also appeal classis’ decision to acquiesce in the disaffiliation.
- Classis will need to deal with any ministerial credentials or commissioned pastor ordinations for pastor(s) in the disaffiliating church. Ministers who stay in the CRC would be released from their call by Art. 17-a and be declared eligible for call. Ministers who leave the CRC with their church would be released from CRC ordination by Art. 14-b and classis would declare them honorably released, released, dismissed or in the status of one deposed, depending on the manner and spirit in which they acted. The last option is to be considered if the minister promoted schismatic activity. Commissioned pastors also need to be released by classis with one of the four declarations.
Chuch Order, Art. 38-f
Article 38-f. When a council decides to disaffiliate from the denomination, the set process for disaffiliation adopted by synod shall be followed. —Cf. Supplement, Article 38-f
Supplement, Article 38-f
A local congregation may disaffiliate from the denomination only according to the following procedure:
- A church council which adopts a resolution to disaffiliate from the denomination shall inform its classis of its actions, ordinarily at the next scheduled meeting of classis. The council shall provide written grounds for its intention to withdraw.
- Classis shall appoint representatives to meet with the council to attempt to dissuade the council from such action. Representatives of classis shall have the opportunity to meet in person with the council and to present written rebuttal to the council’s grounds. Meetings between the council and classical representatives shall continue no longer than two months unless both parties agree to a continuation.
- If the council is not dissuaded by the classical representatives and wishes to continue the disaffiliation process, the council shall issue a call for a congregational meeting. It will present together with this call its written grounds for disaffiliation and any written rebuttal presented by the classical representatives.
- Representatives of classis shall be informed of the time and location of congregational meetings at which a congregation’s withdrawal from the denomination is being considered and shall be given opportunity to persuade the congregation to remain within the denomination.
- At the congregational meeting a preliminary vote may be taken following the discussion. If a majority favors withdrawal, a second meeting to confirm this decision shall be scheduled no earlier than one month and no later than one year following.
- If the second congregational vote favors disaffiliation and the council follows through on its decision to disaffiliate, classis shall provide for the pastoral care of those members who wish to remain within the denomination.
- If the congregation wishes to disaffiliate from the denomination, classis (and synod upon appeal) shall settle any disputes between differing factions within the disaffiliating congregation. The separation will be complete when classis (or synod upon appeal) declares it acquiesces in the decision of the congregation to disaffiliate from the denomination.
(Acts of Synod 1997, pp. 613-14)