Ecclesiastical Divorce in Hierarchical Denominations and the Resulting Custody Battle over Church Property: How the Supreme Court Has Needlessly Rendered Church Property Trusts Ineffectual‪.‬

INTRODUCTION Controversy and conflict often define political life in America. Republicans and Democrats, along with the occasional third party, constantly fight to gain political power by emphasizing their differences on the hot political issues of the day, whether they involve foreign policy, taxes, abortion, or homosexuality. Political conflicts, especially those with moral overtones, divide neighbors and families. In political discourse, conflict is considered normal and even lauded because it fosters vigorous debate, which is necessary to the health of democracy. (1) But political conflicts do not always remain confined to the political arena; they often spill over into other aspects of Americans' lives, including their religious lives. (2) And when controversy embroils a religious organization, the organization may formally split. (3) Once a denominational split occurs, a constitutionally fraught question arises--who gets the church property? (4)