Federal judge sends congregation's motion for temporary restraining order back to state court

layman online ^ | January 2, 2008 | Patrick Jean

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A legal complaint pitting a Mississippi congregation that left the Presbyterian Church (USA) against the Presbytery of Mississippi has been returned to state court by a federal judge.

Grace Chapel Evangelical Presbyterian Church in Madison, Miss., is seeking a temporary restraining order to prevent Mississippi Presbytery from violating a final declaratory judgment that resolved a property ownership lawsuit that the church brought against the presbytery in March. Mississippi Presbytery moved the church's request to U.S. District Court within 30 days of its Aug. 29 filing, saying there was a federal question about the free exercise of religion under the First Amendment to the U.S. Constitution.

But in his ruling Dec. 21, U.S. District Court Judge Daniel P. Jordan III said there was no such question. "The only relief sought in the TRO motion is the enforcement of the final judgment and the preservation of the property rights delineated therein," he wrote.

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The congregation got a declaritory judgment that it owned the church property. They then voted to leave the denomination. The PCUSA then tried to take over control of the church and property. When the congregation asked the state court judge to enforce his judgment, the PCUSA tried to remove the case to federal court to get a second bite of the apple. The Federal judge sent them packing back to state court, where they'll have to tell the judge why they think they can ignore his prior ruling.