The United Methodist Church’s South Central Jurisdictional Conference last week filed a lawsuit against Southern Methodist University to prevent the university from reconfiguring its relationship with the church.

At stake is whether the university is controlled by the South Central Jurisdictional Conference or by the university’s own board of trustees.

The dispute is related to division within the United Methodist Church over the church’s stance on LGBTQ inclusion.

Delegates at a conference in February voted in favor of a proposal called the Traditional Plan, which strengthened bans on LGBTQ-affirming practices within the church. The proposal widened a rift within the church's progressive and conservative members. The controversy has raised the possibility that the church will split into different denominations.

On Nov. 6, SMU amended its articles of incorporation to say the university is not controlled by the SCJC but by the school’s own board of trustees.

SMU President R. Gerald Turner said the university’s actions were done to protect the school’s future.

“We’re trying to get this done before the church decides what kind of split they’re going to have, so that we can continue to educate everybody from all Methodist denominations and from other denominations, and people who don’t believe at all.” he said.

The Rev. Kim Jenne, director of Connectional Ministries for the Missouri Conference of the United Methodist Church, offered a statement via email late Saturday: “The Mission Council of the South Central Jurisdictional Conference regrets that a lawsuit was even necessary. However, SMU’s actions jeopardize the over 100-year relationship between the two institutions by terminating the Conference’s rights and relationship with the University.

"Changes to the relationship between the two organizations should happen through prayer, dialogue and discernment and do require the legislative action of the SCJC according to the 1996 articles of incorporation,” the statement read.

SMU president R. Gerald Turner said the university's actions to assert its independence were caused by what is believed to be a looming split in the church over LGBTQ rights. (DMN file photo / Staff Photographer)

According to the lawsuit, SMU’s actions last month violated the Restated Articles of Incorporation of Southern Methodist University, which were filed June 27, 1996.

Those articles state that SMU is “to be forever owned, maintained and controlled by the South Central Jurisdictional Conference of the United Methodist Church.”

The 1996 agreement does not leave any room for SMU to withdraw from the conference’s jurisdiction without its consent.

“The November 2019 Articles are plainly founded upon and resulting from unauthorized acts by SMU’s Trustees,” the lawsuit reads. “Put simply, the Trustees of SMU had and have no authority to amend the Articles of Incorporation without the prior approval and authorization of SCJC.”

As if to emphasize its point, the words “no authority” were presented in bold typeface in the lawsuit.

The November action was taken covertly, the lawsuit states, and provisions were enacted by a board of trustees whose “identities and number are unknown to SCJC.”

The SCJC’s lawsuit seeks to have SMU’s actions in November declared void and the provisions of the 1996 pact upheld.

Linda Brinkworth, associate director of SCJC, referred all questions concerning the lawsuit to Jenne and another spokeswoman from the Arkansas Conference of the United Methodist Church.

Amy White Ezell, director of the Center of Communication for the Arkansas Conference, said SCJC had no advanced knowledge that SMU was planning this action.

“The [SCJC] was presented basically the statement from the board of trustees at SMU, and that was the way they were notified,” Ezell said. “This was the first to our knowledge that anything was brewing.”

The purpose of the lawsuit, Ezell said, “is to preserve and protect the valued relationship that has been a benefit to both SMU and the SCJC for more than a century, as well as protect the South Central Jurisdictional Conference’s rights and beneficial assets in SMU.”

SMU holds the title to its assets, Ezell said, “which are held in trust for the benefit of the SCJC.”

She said she couldn’t clarify what was meant by “assets.” SMU has an endowment of $1.6 billion.

Eric Folkerth, senior pastor at Kessler Park United Methodist Church, said that he thinks both entities are “just protecting their assets” but that SMU has a right to assert its independence.

“My sense is probably this is a pre-emptive move by SMU to protect themselves because none of us knows where this going,” Folkerth said, referring to growing division between liberal and conservative denominations within the church. “There’s five or six plans out there for what may happen in our future. I’m pretty confident that one way or another, there’s a split coming or a restructuring. I don’t know what to call it, but it’s coming. SMU has a lot of smart people. They can figure it out.”

Joe Stobaugh, pastor of Modern Worship at Grace Avenue United Methodist Church in Frisco, was disappointed to learn of the lawsuit.

“It’s just a sad development, and it’s a direct outgrowth of the disastrous move to support the Traditional Plan,” he said. “SMU’s actions make total sense when you look at the unsteadiness in the church right now. It just makes perfect sense.”

Stobaugh’s church is a staunch supporter of the LGBTQ community.

“On the whole we very opposed [to the February vote to approve the Traditional Plan],” he said. “To double-down on discrimination is just not a healthy way to go, and it’s a further illustration of the sadness I feel.”

Eric Folkerth (left) and Joe Stobaugh (File)

The university began the process of updating its articles of incorporation in September. The changes were approved by the Texas secretary of state in November to explicitly state the university is solely maintained and controlled by the school’s board of trustees.

Turner said state law upholds the university’s argument. Changes were made to the Texas Business Organization Code in 2006 that gives the board of trustees sole authority over a 501(c)3 organization such as SMU, he said.

“By that Texas law, the university is not owned, controlled or maintained by a third party, the church,” he said.

The school will continue to ensure a Methodist presence on the board of trustees, Turner said, with at least seven members being from the Methodist church. Currently, there are 42 members on the board and half are members of the church.

Turner said it's unfortunate the dispute led to a lawsuit, but said the goal is to maintain a relationship with the church. The school isn’t severing its relationship with the church, just redefining it, he said.

“Hopefully their problems become resolved because we have ‘Methodist’ in our name,” he said. “And we intend to stay Southern Methodist University.”