Date: Wed, 3 Sep 1997 03:56:57 -0400 (EDT)
From: Darrell128@aol.com
Subject: NR 97094: Muskegon Classis Responds to Christ Community Lawsuit
NR #1997-094: Muskegon Classis Responds to Christ Community Lawsuit
Acting just before the Labor Day weekend, attorneys for the Reformed Church
in America's Muskegon Classis responded to a lawsuit by Christ Community
Church of Spring Lake asking the Ottawa County Circuit Court to direct the
classis to let the church withdraw from the RCA and pay more than $10,000 in
damages. The July 25 lawsuit claimed that the Muskegon Classis is guilty of
"breach of contract," "multiple violations of due process," "slander," and
"libel" for its treatment of the church's longtime pastor, Rev. Richard Rhem.
Rhem, has been under fire for almost two years due to his views on the
authority of Scripture and belief that Christ is not necessary for salvation.
Less than two weeks after his church sued the classis, classis deposed Rhem
from the RCA ministry on charges of "gross sexual misconduct" alleging an
affair with a former organist. Classis met again in special closed session on
August 26. Speaking on condition of anonymity, delegates said the meeting
focused on responding to the lawsuit and deciding how to handle allegations
that Rhem's church board failed to properly respond to the sexual misconduct
charges. In documents filed with the Circuit Court on August 29, classis
denied each major allegation. "Defendants deny that [Christ Community Church]
is an independent church," the classis claimed. "Defendants further deny that
Richard A. Rhem is a pastor, having been deposed as a minister of the Word on
August 5, 1997."
NR #1997-094: For Immediate Release
Muskegon Classis Responds to Christ Community Lawsuit
by Darrell Todd Maurina, Press Officer
United Reformed News Service
GRAND HAVEN, Mich. (September 2, 1997) -- Acting just before the Labor Day
weekend, attorneys for the Reformed Church in America's Muskegon Classis
responded to a lawsuit by Christ Community Church of Spring Lake asking the
Ottawa County Circuit Court to direct the classis to let the church withdraw
from the RCA and pay more than $10,000 in damages. The July 25 lawsuit
claimed that the Muskegon Classis is guilty of "breach of contract,"
"multiple violations of due process," "slander," and "libel" for its
treatment of the church's longtime pastor, Rev. Richard Rhem.
Rhem, has been under fire for almost two years due to his views on the
authority of Scripture and belief that Christ is not necessary for salvation.
Less than two weeks after his church sued the classis, classis deposed Rhem
from the RCA ministry on charges of "gross sexual misconduct" alleging an
affair with a former organist.
Classis met again in special closed session on August 26. Speaking on
condition of anonymity, delegates said the meeting focused on responding to
the lawsuit and deciding how to handle allegations that Rhem's church board
failed to properly respond to the sexual misconduct charges.
In documents filed with the Circuit Court on August 29, classis denied each
major allegation.
"Defendants deny that [Christ Community Church] is an independent church,"
the classis claimed. "Defendants further deny that Richard A. Rhem is a
pastor, having been deposed as a minister of the Word on August 5, 1997."
Classis also said it didn't slander or libel Rhem by trying him for sexual
misconduct. "Defendants deny that the charges were false, as they were
proven to be true in a judicatory proceeding," said classis.
The key point in Christ Community's lawsuit is its claim that classis, by
voting to allow the church to leave but not requiring its executive officers
to sign the separation agreement after the alleged victim of sexual
misconduct appealed to the regional synod, committed a breach of contract.
Classis responded that such claims are banned by the United States and
Michigan constitutions and that the civil court lacks jurisdiction in the
case.
In line with prior policy, classis president Rev. Mark Nieuwsma declined
comment beyond the text of the civil lawsuit. "We want to do what's in the
best interests of the church of Jesus Christ, and at this point we feel this
is the best way to proceed," said Nieuwsma. Spokesmen for Christ Community
Church could not be reached for comment.
According to Roger Swets, a Grand Rapids attorney specializing in assisting
churches with denominational affiliation and other corporate issues, the
Christ Community case raises serious legal questions and could set a
precedent for Michigan church law. "Without finding one way or the other, I
think there are some plausible factual and legal questions," said Swets.
"Clearly this case would provide the opportunity to make precedent as to when
a presbyterian denomination has completed contractual negotiations. The rules
set down by the court in this case would guide any further decisions made by
a presbyterian body."
Part of the RCA problem is that denominational general secretary Rev. Wesley
Granberg-Michaelson, citing provisions of the RCA book of church order, has
argued that denominational rules prohibit the RCA from letting churches
become independent and only allows them to transfer to other denominations.
"A church corporation cannot enter into an agreement that violates its
charter, and if the RCA prohibits letting churches become independent that
would determine the validity and the binding nature of the contract," said
Swets. "The question is whether there in fact was a contract. First they
would have to establish there was a contract, then that it was a valid
contract under the Book of Church Order, and then that it has been breached.
Clearly if there was a contract it has been breached; if in fact there was a
contract, it would be a valid action of the court to require specific
performance."
"The idea of transferring to independency is completely foreign to the
Reformed Church in America," said Rev. Patrick Shetler, overtures and
judicial business committee chairman of the RCA's Regional Synod of the Great
Lakes.
"Granberg-Michaelson's rather famous remark about 'making a mockery of our
polity' applies right there," said Shetler, who cautioned that the classis
ought not be blamed for trying to find a compromise. "The Book of Church
Order is not intended to be a restrictive document, it's supposed to be a
guide for us to follow, and this was an extremely difficult situation from
the beginning. The original writers of the Book of Church Order never
anticipated a lot of the things we've run into in the last couple of years."
Swets also warned that the civil courts did have the right to evaluate the
former church organist's sexual misconduct charges. "If it came to trial, the
court would have to consider the truthfulness because if they are false the
RCA could have liability for reporting libel," said Swets.
Cross-References to Related Articles:
#1996-013: Special Meeting of RCA's Muskegon Classis Discusses Homosexuality,
Scripture, Salvation Apart from Christ
#1996-023: Muskegon RCA Classis: No Room for Pastor Questioning Salvation
Apart from Christ, Authority of Scripture
#1996-086: Muskegon Classis Rebukes Rhem for "Heretical" Views, Restarts
Negotiations "to Reach a Mutually Acceptable Separation Agreement" with
Christ Community Church
#1996-091: Rhem Conflict Leads to Homosexuality Debate in Muskegon
#1996-092: Back to the Drawing Board: Muskegon Classis Tables Proposed
Settlement with Pastor of RCA's Fourth-Largest Church
#1996-093: Dr. Jonathan Gerstner on Rhem: "Tragedy is the Only Word"
#1996-094: Second RCA Minister Faces Discipline for Theological Views
#1996-103: Classis Muskegon Averts Heresy Trial, Completes Separation
Agreement with Richard Rhem, Christ Community Church
#1996-110: Appeal Stalls Settlement Agreement on Rev. Richard Rhem; Protests
Greet Upcoming Rhem Keynote Speech for RCA Regional Synod of the
Mid-Atlantics on "The Church in Conflict... Can Non-Believers be Saved?"
#1996-118: Rhem to Reformed Church in America: "The Bible is a Wax Nose"
#1997-001: Muskegon Classis Suspends Separation Agreement Until Regional
Synod Adjudicates Appeal on "Gross Sexual Misconduct" Allegations Against
Richard Rhem
#1997-002: Rhem's Attorney Responds: "Classis... Has Engaged in
Conspiratorial Actions Which Were Maliciously Calculated to Damage Rev.
Richard Rhem and Christ Community Church"
#1997-007: Appeal of Charges Against Rhem Sent Back to Committee by RCA's
Regional Synod Executive Committee; Van Hoeven Appeal to Proceed with
Recommendation of Dismissal
#1997-019: Reformed Church in America Classes Poised to Vote on Church Order
Change: Should All RCA Ministers and Churches Annually Reaffirm that
Salvation is Through Christ Alone?
#1997-026: SW Michigan Becomes First RCA Michigan Classis to Ratify Church
Order Amendment on Salvation Through Christ Alone
#1997-028: Rhem Case on Hold; Muskegon Classis Affirms Salvation Through
Christ Alone
#1997-031: Reformed Church in America's Second and Third Largest Classes Vote
to Affirm Salvation Only Through Christ
#1997-032: South Grand Rapids Classis Overtures Reformed Church in America to
Reject "Full Communion" with United Church of Christ Due to UCC Approval of
Gay Marriage and Ordination
#1997-033: Holland Classis Rejects Church Order Amendment to Require Annual
Declaration that Salvation is Through Christ Alone
#1997-034: Reformed Church in America Rejects Annual Declaration that
Salvation is Through Christ Alone
#1997-040: Typo Leads Reformed Church in America to Recommend New Vote on
Salvation Apart from Christ
#1997-043: RCA Committee Asks Regional Synod of the Great Lakes to Send Rhem
"Gross Sexual Misconduct" Case Back to Muskegon Classis for Investigation,
Possible Trial
#1997-044: Great Lakes Regional Synod Minister: Reformed Church in America
not "Dead," but Needs to "Wake Up"
#1997-045: Reformed Church in America Regional Synod of the Great Lakes Sends
Rhem "Gross Sexual Misconduct" Case Back to Muskegon Classis for
Investigation, Possible Trial
#1997-046: Rhem's Attorney Responds: "The RCA in Western Michigan [is] Truly
a Dysfunctional Family"
#1997-057: RCA's Muskegon Classis Calls Special Meeting to Consider Trial for
Richard Rhem on Sexual Misconduct Charges
#1997-058: Reformed Church in America's Muskegon Classis to Investigate
Sexual Misconduct Charges Against Rhem
#1997-079: Muskegon Classis to Meet June 24 for More Inquiry on "Gross Sexual
Misconduct" Charges Against Rev. Richard Rhem; Classis Also Asked by Regional
Synod to Consider Charging Rhem's Church with Leaking Documents to News Media
#1997-080: Muskegon Classis Seeks to Avoid Media Expose; Votes to Try Rhem on
"Gross Sexual Misconduct" Charges
#1997-083: Christ Community Church Sues RCA Classis; Asks Civil Court to
Order Classis to Let Church Depart with its Property
#1997-086: Reformed Church in America's Muskegon Classis Finds Rev. Richard
Rhem Guilty of "Gross Sexual Misconduct"
Contact List:
Rev. E. Wayne Antworth, Director, RCA Stewardship & Communication Services
475 Riverside Drive, New York, NY 10115
O: (212) 870-2954 * FAX: (212) 870-2499
Roger W. Boer, Esq., Attorney for Christ Community Church
Partner, Rhoades, McKee, Boer, Goodrich, & Titta
161 Ottawa Ave. NW, Suite 600, Grand Rapids, MI 49503-2793
O: (616) 235-3500 * FAX: (616) 459-5102 * E-Mail: webmaster@grlaw.com
Rev. Howard Moths, Stated Clerk, Regional Synod of the Great Lakes
2795 Rosewood St., Jenison, MI 49428
O: (616) 669-6690 * H: (616) 669-1983 * E-Mail: HMoths@aol.com
Rev. Mark Nieuwsma, President, Muskegon Classis
704 South De Spelder, Grand Haven, MI 49417
O: (616) 842-4170 * H: (616) 842-2984
Rev. Richard Rhem, Senior Pastor, Christ Community Church
225 East Exchange St., Spring Lake, MI 49456
O: (616) 842-1985 * H: (616) 846-7777 * F: (616) 842-3476 * E-Mail:
christcommunity@novagate.com
Rev. Patrick Shetler, Chairman, Great Lakes Synod Overtures and Judicial
Business Committee
271 E. State Rd., PO Box 365, Grant, MI 49327
O: (616) 834-8668 * H: (616) 834-7246 * E-Mail:
grantreformedchurch@worldnet.att.net
Robert W. Sikkel, Esq., Attorney for Classis
Attorney, Warner, Norcross, & Judd
400 Terrace Plaza, PO Box 900, Muskegon, MI 49443-0900
O: (616) 727-2600
Rev. Steve Smallegan, Stated Clerk, Muskegon Classis
3025 Glenside Blvd., Muskegon, MI 49441
O: (616) 759-3238 * H: (616) 755-8446 * E-Mail: SGLMusk@aol.com
Roger Swets, Attorney, Law Weathers & Richardson
800 Bridgewater Place, Grand Rapids, MI 49546
O: (616) 459-1171 * FAX: (616) 732-1740
Rev. Merwin (Mike) Van Doornik, Counsel for Appellant
1985 Driftwood Dr., Holland, MI 49424
H: (616) 786-9155 * O: (616) 744-4781
Rev. Sherwin Weener, Synod Minister, Regional Synod of the Great Lakes
4500 - 60th St. SE, Grand Rapids, MI 49512
O: (616) 698-7071 * H: (616) 457-3572 * E-Mail: SGLSherwin@aol.com
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