Posted on 07/29/2007 9:45:02 AM PDT by wagglebee
HUNTINGTON, Ind. - A judge has upheld a vote by a northeastern Indiana congregation to leave the United Church of Christ over the denomination's recognition of homosexual marriage.
Special Judge David L. Hanselman Sr. dissolved a temporary restraining order that had prevented St. Peter's First United Church of Christ in Huntington from leaving the United Church of Christ and denied the denomination's claim on the assets of the church.
The restraining order had been in place since October 2005. Church members Paul Krieg and William Kruzan had won it following a 115-92 vote the month before by members of the congregation to leave the denomination. The congregation had about 500 members at the time.
In his ruling Thursday, Hanselman determined that the congregational vote was proper and binding and that there had been no "division" of the church as defined by its bylaws that would trigger a transfer of its assets to the Indiana-Kentucky Conference of the United Church of Christ.
Kruzan said he was happy the matter was settled.
"I have no ill feelings toward anybody over this. I'm willing to live with the judge's decision," he said.
The UCC's 25th Synod in July 2005 passed a resolution in support of equal marriage rights for same-sex couples.
The court ruling was delayed by the illness of former Huntington Circuit Judge Mark McIntosh, who issued the restraining order. Hanselman, the circuit court judge in neighboring Wells County, was appointed special judge and heard arguments last September.
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Hopefully this will be a persuasive precident for other judges to pay attention to. (persuasive only because of jurisdictional issues)
Different version posted in news the other day:
Judge Upholds Decision of Church to Leave Denomination Over Homosexual “Marriage”
http://www.freerepublic.com/focus/f-news/1871243/posts
UCC is basically Congregationalist, so it shouldn't have even gotten this far. It will be of limited help with Episcopal cases; perhaps more help with the Presbyterians, although the PCUSA now claims to have abandoned its roots as a connectional church.
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