2. It is up to the owner to decide with whom to make contracts for sale, PROVIDED, that laws which prevent discrimination, including religious discrimination, in the making of contracts are observed. Since these differ a bit in the various states, it was unwise of the Presiding Bishop to make overarching statements about this in San Francisco.

3. It is perfectly lawful for a congregation to engage a third party to purchase a property, and after closing on the property and becoming the owner of record, to sell it to the congregation. Naturally, such a transaction must conform to laws relating to fraud, in the narrowest construction. This could be a method that would save a lot of face for all sides, if the situation arises.

4. Even if only a rather small minority of faithful remain, you will need to show good faith by keeping the building open, no matter what the cost. In other cases, you will have to engage the sale of properties which may not have optimum potential for resale in markets which do not look optimum for the next several years. I can even imagine buyers who would demand the demolition of the building by the Diocese as a condition for land purchase.

5. I don't know what you can do about your Standing Committee or Council; however, I think you cannot stop Convention. There you are only the chair. Supposing a complete package is introduced, either through submission or by your process for a floor petition, any move by you to declare the motion out of order is subject to at least two appeals to the Parliamentarian and to the house.

If the submissions pass with required majorities, you might have to go to civil courts for relief, if you could get it. Such a fight would destroy the diocese. Quae cum it sint, I think you were unwise to be so glib about your power in the matter.

6. If no real or personal property may be had by departing congregations, what would be the point of their asking you to facilitate their departure?

I personally think that, where a unanimous or almost complete departure is concerned, it might be kind of you to allow prayer books, hymnals, music and worship instruments, vestments etc., to be taken. However, you are a bishop and you have a firm position so I think such flexible kindness is not in question.

I have written to remind you that your position will work as much hardship on you as on those departing. In one sense it will be a no-win game. Conscience, however, when held in the service of the Gospel (not other opinions or institutions) trumps everything and must be followed no matter the cost.

---The Rev. Michael P. Forbes
Rochester, MN
Michael P. Forbes: milou35@earthlink.net