A United Methodist official in Alabama released a statement this week responding to two court rulings against the Alabama-West Florida Conference that came down last week.

“The Alabama-West Florida Conference recently received rulings in two pending court cases, both of which denied the conference’s motions,” wrote the Rev. Emily Kincaid, president of the Alabama-West Florida Conference Board of Trustees.

The two rulings involved churches in Auburn and Perdido Key.

On March 10, Lee County Circuit Judge Mike C. Fellows denied the conference’s motion to dismiss a lawsuit filed by the Auburn Methodist Coalition contesting the conference’s control and ownership of the Auburn United Methodist Church property.

The administrative board of Auburn United Methodist Church had voted April 24, 2023, not to pursue disaffiliation from the United Methodist Church. A group of members of that church, the Auburn Methodist Coalition, filed a lawsuit on Oct. 16, 2023, against the Alabama-West Florida Conference.

“A group calling themselves the Auburn Methodist Coalition sued the conference, claiming ownership rights to the church property,” Kincaid wrote. “Our motion to dismiss this lawsuit was denied. We will continue to defend our position as the legal process moves forward.”

The other case involved a lawsuit filed by the conference.

The Alabama-West Florida Conference filed a lawsuit against Perdido Bay Methodist Church, challenging the amendment to its incorporation documents that declare it is no longer affiliated with the United Methodist Church.

The congregation voted to drop UMC affiliation from its charter but kept two appointed clergy on staff and banned denominational officials from setting foot on the campus popular with Gulf Coast residents and tourists.

The Alabama-West Florida Conference filed a lawsuit Nov. 21 against the Perdido Bay Methodist board of trustees and two pastors who had been appointed by the conference, Levi Gardner and Scott Hohn, who stayed with the church as it voted to leave the denomination.

On March 10, an Escambia County judge ruled against the conference’s request for a temporary injunction.

“Most recently, the conference sought a temporary injunction for trespass due to actions by former pastor Levi Gardner and other leaders,” Kincaid wrote. “In a letter dated October 31, 2024, attorneys for ‘Perdido Bay Methodist Church’ stated that any attempt by the conference to access the property would result in removal by law enforcement if necessary.”

Conference leaders, however, noted that in the judge’s ruling, there was an opening for the conference to hold its own United Methodist worship service in the building while the case was awaiting a final ruling.

The conference had asked the Escambia County judge for “declaratory relief, quiet title, ejectment,” in an effort to gain control of the church property at 13660 Innerarity Point Road in Pensacola, east of Alabama’s Ono Island.

“While we are disappointed in the court’s ruling, Circuit Court Judge Stephen Pitre stated in his order that ‘no sufficient showing is made of any peculiar irreparable harm because access to UMC for purposes of worship is not or no longer prohibited,’” Kincaid wrote. “He further noted that United Methodist members would not be restricted from worshiping at the church properties as they had before the litigation.”

Kincaid announced plans for an official United Methodist service to resume at the building this Sunday.

“Based on this ruling and Dr. Gardner’s sworn testimony on March 4 that all are welcome at Perdido Bay United Methodist Church, we are formally requesting use of the church’s activity center for a worship service at 10 a.m. each Sunday, beginning March 23, 2025, as well as on special holy days such as Maundy Thursday and Good Friday,” Kincaid wrote. “These services will be led by Rev. Dr. Debora Bishop, the appointed pastor of Perdido Bay United Methodist Church. We await a response to our request from Dr. Gardner.”

Despite the two court setbacks last week, the conference remains confident in its case, Kincaid said.

“The Alabama-West Florida Conference remains confident in our legal team and the facts of these cases,” Kincaid wrote. “Our Trustees, Chancellors, and legal counsel remain committed to upholding the trust clause and protecting the conference’s interests wherever unauthorized or unlawful actions have occurred.”

Perdido Bay Methodist was one of more than 40 churches in Alabama and the Florida Panhandle whose requests to leave the denomination were stalled before the Dec. 31, 2023 disaffiliation deadline. Paragraph 2553, a special provision allowing disaffiliation due to disagreement over issues such as gay marriage, expired at that point.

The United Methodist General Conference voted in May 2024 to reverse its longstanding bans on gay marriage and ordination of LGBTQ clergy.

Congregations that were opposed to that change but not allowed to leave have adopted a new tactic: either suing the conference, saying the church property belongs to the congregation, not the denomination; or simply voting to change the church’s legal documents that have any mention of the United Methodist Church.