Same-sex “marriage” and sexual morality were hot topics in evangelicalism in the late-90s and early 2000s. Since the legalization of same-sex “marriage” in 2005, the issue appeared to have been resolved within the church: the affirming and orthodox churches had staked out their respective positions.

However, the issue has recently resurfaced in several denominations and will likely lead to further schisms in those communities.

Denominational schisms

Perhaps the most prominent of these recent examples is in the Christian Reformed Church in North America (“CRC”) whose Synod, at a meeting in June of this year, affirmed the orthodox biblical view of marriage and sexual morality. It raised the issue to the status of an explicit confession stating that “The church must warn its members that those who refuse to repent of these sins – as well as of idolatry, greed, and other such sins – will not inherit the kingdom of God.”

The consensus is that many congregations will split from the CRC over this issue. Several CRC churches have, over the years, admitted individuals who are married to their same-sex partners or otherwise openly and unrepentantly living a homosexual lifestyle into church membership and even church leadership. How can these churches remain in the CRC? Will they warn their membership of the consequences of engaging in these sins, while some of their leadership does so? That is unlikely, and thus a schism will develop within this denomination.

And the CRC is not the only denomination facing this challenge. There are other denominations where particular congregations are no longer operating within the theological parameters of their denomination. The CRC is simply more front-and-center right now, given the publicity generated by their June Synod.

Legal implications

Many complex legal issues arise when churches split from their denominations or associations. Churches whose names include “Christian Reformed” will likely need to amend their legal names and any trademarks they may hold. CRC-affiliated educational institutions which have adopted an affirming stance on same-sex “marriage” and sexual morality, like Calvin College in Grand Rapids, Michigan, may need to re-apply for government accreditation under their new identity. Perhaps the most difficult and important issue they will face is related to church properties.

Over the last decade, church property disputes arose after splits relating to beliefs over same-sex “marriage” in both Anglican and Episcopal churches in Canada and the USA. The schism resulted in protracted litigation over the proper ownership of church buildings and lands in both examples.

We will likely see similar litigation here in Canada, perhaps in the CRC, or perhaps in other denominations or in non-denominational churches. Different churches have different property ownership and governance structures. There could be a variety of legal cases and outcomes.

Who owns the church building or the private school? Some may be owned by the congregation. Some congregations may be incorporated while others are not. Some may be owned by the original trustees who founded the congregation. Some may have been bequeathed by an estate for specific use by the CRC. Some may have been purchased by an existing congregation.

The issues are complex and case-specific. Some congregations’ membership or leadership may disagree on whether to split from the denomination. Divisions may arise not only within denominations but within individual congregations and councils. In the past, we’ve seen such schisms divide communities and families. Churches need to brace for controversies that may be coming – theologically, relationally, and legally.

Be clear, early

I write this as a Christian first and a lawyer second. I am deeply concerned about churches caving to cultural pressures and denying Scriptural truths. I am also concerned about such practical costs as I see in my line of work – legal disputes that are financially and relationally costly. Denominations need to prepare themselves for potential battles ahead and should be consulting legal counsel pre-emptively to examine their risks and responsibilities. Ask yourself: is it clear where your church stands on certain controversial issues? Are you prepared legally to address divisions over such issues within your church?

Albertos Polizogopoulos is co-founder of the Acacia Group and a constitutional litigation lawyer who specializes in freedom of religion. The Acacia Group is Canada’s only openly Christian law firm devoted to offering legal and crisis communications services to churches, organizations, individuals, and businesses.