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Politics

Politics - "Church" in New Jersey Case

The Claim: A church in New Jersey is being sued for not allowing a lesbian wedding and may lose their tax exempt status.  

 What is the issue?   

per the internet ..  

This issue involves the requested use of part of a Methodist Campground, specifically their beach pavilion, by a lesbian couple  for a civil union ceremony.  When the campground refused to allow  this the couple then contacted New Jersey govt. agencies 

In response to the complaint the commissioner of the Department  of Environmental Protection decide that the Ocean Grove Camp  should lose its tax exemption for a large portion of its property. 

Further links on this story are here:   

FRC 

LifeSite News  

365 Gay News  

The following resource has an audio link... http://www.cwfa.org/articledisplay.asp? id=13423&department=CFI&categoryid=freedom  (no longer active) 

 One resource (Concerned Woman for America with audio link)  went so far as to say that the church is under attack by  homosexuals.  The question is asked on this resource: “Does this  mean that any church that operates a camp or retreat facility could  have this happen?”  The answer given is: “ Yes”.  After citing first  amendment rights they go on to say the recognizing of same sex  unions by New Jersey opened the door to this and that this is  being used as a tool to attack church property.  The resource  claims that this is proof that they (the resource) are not alarmists –  that this is really their (the homosexuals) agenda – to force the  church to change its view on homosexuality and eventually have  church leaders arrested who oppose the “homosexual agenda”. 

So it this true? ...

  • Did this couple set out to attack church property?  
  • Could this happen to any church anywhere in the United States  which owns a campground or retreat center?  
  • Is this the first step that will lead to the arrest of church leaders  that oppose Christianity?  

 Just by the information shared this certainly appears to be a  violation of the religious freedom of this United Methodist  campground which clearly has in its bylaws specific guidelines for the use of its facilities.   

So what is going on?   

To understand the answers to these questions we will need to  look at facts.  Not the off-the-wall ramblings of far right Christian radio. To understand what is going on we will need to look at New  Jersey’s Green Acres open space program. 

What is the New Jersey Green Acres open space program? 
This is a government funded program that exists to provide  matching funds to non- profit organizations (and others) for the  purpose of acquiring and developing land for public use.    

Here is the mission statement of this government program… 

 To achieve, in partnership with others, a system of interconnected open spaces            whose protection will preserve and enhance  New Jersey’s natural environment and its historic, scenic, and recreational resources  for public use and enjoyment. 

Here is an application for non-profit organizations to apply for  this funding 

http://www.nj.gov/dep/greenacres/docs/nonprofit_app.doc  Not an active link .. however the main page is here

If you peruse the above document you will see a long list of  qualifications and requirements for your organization to be  awarded government funds.  The words; “pubic use” occur  prominently throughout the document.  

Here are some excerpts..

  • Agree to provide public access, unless the Commissioner  determines that public accessibility would pose an  unacceptable risk to the land or its natural resources
  • Agree not to sell, lease, exchange, or donate the lands  except to the State, or local government unit, another  qualifying tax exempt nonprofit organization, or the Federal  government for recreation and conservation purposes (and  then only with the prior written approval of the  Commissioner);
  • The nonprofit may purchase land in fee simple or it may  acquire a perpetual conservation easement or historic  preservation easement on the property, as long as  meaningful public access is provided to the project area.   Meaningful public access must be provided to every project  funded under this program.  Eligible acquisition projects  include, but are not limited to, the purchase of water  reserves, natural areas, unique land types, historic sites,  conservation areas, and open space for active or passive  outdoor recreation purposes  (the bold is their emphasis,  not mine)

------------- As can be seen from the above, any nonprofit organization that  uses these funds MUST provide public access.  That is why the  fund is there.  Additionally, the organization cannot sell the property  to just anyone.  They must either sell it to another qualifying tax  exempt nonprofit organization or to the state or local govt. or to the  federal govt. for recreation and conservation purposes.  This can  only be done by the approval of the Commissioner.  If you accept  these funds you must accept the conditions that come with them. 

Additional excerpt from this document:   

TAX EXEMPTION PROGRAM 

There is an acute need in New Jersey for natural open space  areas to serve public recreation and conservation purposes.  The  New Jersey Legislature recognized that public funds for the  purchase and maintenance of open space are limited and should  be supplemented by private individuals and organizations. It was  determined to be "in the public interest to encourage the  dedication of privately owned open space to public use and  enjoyment." 

In 1974, the Green Acres Tax Exemption Program was created to  help meet the open space deficit in New Jersey.  This program  offers the incentive of local property tax exemption to certain  nonprofit organizations or corporations that own recreation or  conservation lands in New Jersey and are willing to open their  private land to the public. 

Any nonprofit organization that qualifies for exemption from Federal  Income Tax under Section 501(c)(3) of the Internal Revenue Code  and owns natural open space in New Jersey is eligible to make  application under this program. 

The Tax Exemption Program is in its thirty second year and, to  date, over 65,000 acres of privately owned open space have been  opened to the public for a wide variety of environmental and  recreational uses.  These sites are located in 134 municipalities  throughout the state.  Approximately 65 organizations have  benefited from the Program. 

The preservation of open space is a goal shared by many  individuals and groups in New Jersey. The Tax Exemption  Program is proof that the government and the private sector can  work together successfully to achieve this goal.  New Jersey must  continue to explore methods of preserving open space, other than  fee simple acquisition, if the state is to remain rich with "green  acres." 

Applications, procedural guides, and the enabling legislation  regarding the Tax Exemption Program are available on the Green  Acres webpage at www.nj.gov/dep/greenacres.  For more  information, please contact Larry Fink, Green Acres Program,  Department of Environmental Protection, P.O. Box 412, Trenton NJ  08625 (609) 984-0500. 

 6/07 ------------- 


Some facts..   

This is not a church rights issue.  This is a separation of church  and state issue.  When you accept government funds you must  jump through government hoops. This public fund was not created  for the church to build a special club that kept part of the public out.   It was created to provide financial assistance to those individuals  or groups who were interested in creating places for all the public  to go and enjoy the great outdoors. 

Additionally the pavilion had been rented out for marriage  ceremonies over the years.  See page 6 #15 of the ADF document After this request they discontinued this practice..  See page 8 item # 22 from the document 


So could this happen to any church that owns campground or  retreat property as stated by Christian resources?   

No   

What about their statement about homosexuals seeking to  attack church property? 


If you read the ADF document mentioned above you will find that  the couple did not even know it was a religious campground per  page 9 item #27.    

What about the question of pastors being arrested for speaking  out against homosexuality? 

This far out claim is explored throughout these various pages on  myths.  Suffice to say there is nothing in this case that even  remotely suggests that this is the intent.  The complaint is about  the use of a publicly funded building for use by the public.  It is not  about having religious leaders arrested for what they believe. 

So what is my take on this? 

Well here we go again.  I am again disappointed with the  misinformation given from Christian resources.  As reviewed  above, the claims given by Christian resources were false.  The  conclusions that they reached had no basis in the facts of the case  at hand especially since there was no  acknowledgment of the  Green Acres government funding issue.  Instead this was made to  look like so called “gay activists” trying to overrule a church over  use of the churches own property.  Fanatic bogus claims were  made that this could happen to any church anywhere.  Last time I  checked, bearing false witness was still on the list of the ten  commandments.  also note that they did not lose their exemption  on the entire property.  It appears they lost their funding on that  portion of the property that was not open for public use. 

This wasn’t really exclusive church property.  They tied themselves  in to a government funded program whose sole purpose was to  provide financial assistance for the creation of developed areas for  public use. They can’t sell it without government permission.  They  can’t close it to public access.  Yes it is a first amendment issue  but not the kind of issue that is presented.  This is a case of the  church entangling itself in governments funding which always has  strings attached.  The church cannot take governments funds and  then violate the agreement with the government .  If churches do  not want to deal with things like this then they need to stay  separate from government.  For a Baptist perspective on this sort of thing here is a link.  

But there is a greater issue apart from the legal issues raised…  

It’s called the great commission of Christ  .. to go and make  disciples.  This is supposedly even the mission of this  campground as stated in the ADF legal document page 6 item  #13..  This ceremony was not being done in a sanctuary. It was to  be done in an open air pavilion on the beach.   

God was sending a whole entourage of people to this church for  the church to be a witness to Him.  But they turned them away long  before the date.  All this church had to do was dust the sand off its  butt, walk up to these people and say: “You know, we don’t agree  with everything you do, but Jesus loves you and wants you to be  part of the kingdom”  That’s all they had to do.  That’s all it would  have taken to be a witness to Christ.   

How has this action affected our witness?  And what will God say  to this church when they meet him in heaven?  We will have to  leave that one to God. 

My fear is that we are so busy trying to protect the church and trying  to be right that we have forgotten our mission.   If it had been my  church, I would have served the food.  What an opportunity this  was.  Or in this case ..   a missed opportunity.  And not only a  missed opportunity but a destroyed opportunity.  And that is the  saddest thing of all 

 For more information…   

 GREEN ACRES PROGRAM INFORMATION: 
 
Main web site http://www.nj.gov/dep/greenacres/ 

Letter to non-profits http://www.nj.gov/dep/greenacres/pdf/nonprofit_letter.pdf  

For all regulations and forms… http://www.nj.gov/dep/greenacres/pdflaunch.htm  

Other news articles  

http://www.nytimes.com/2007/09/18/nyregion/18grove.html? _r=1&em&ex=1190260800&en=22b6d142cc99da65&ei=5087% 0A&oref=slogin 

http://www.365gay.com/Newscon07/09/091807nj.htm  

Christian sites…  

Family research council… 

http://www.frc.org/get.cfm?i=PV07J02 

Concerned  Woman for America  (Audio link on this page) 

http://www.cwfa.org/articledisplay.asp? id=13423&department=CFI&categoryid=freedom 

Life site news 

http://www.lifesitenews.com/ldn/2007/sep/07091902.html 

ADF 

http://www.telladf.org/UserDocs/OceanGroveComplaint.pdf

Disclaimer

The views expressed by myself and other Christians on this website and in our blog and / or forums (if we have them) may not necessarily reflect the official position of my / their respective denominations.  Additionally,  when I reference various web resources, it should not be assumed to be an endorsement of the entirety of that resource.
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 Gay Ambassador                        Gay Christian Network              Dialogue Decalogue                  Love Boldly                               Musings on   /  Bog                     New Direction  /  Blog            Sermon-Adam Hamilton