Supreme Court hears arguments from school seeking separation from Georgia Baptist Convention

Attorneys for a private college in north Georgia that split from the Georgia Baptist Convention argued Monday before the state Supreme Court the separation was necessary for the school's survival.

Shorter College, founded in 1873 in Rome, has been affiliated with the Georgia Baptist Convention since 1959. In November 2003, Shorter's board of trustees voted 17-8 to dissolve itself and move forward under independent management and without the church - a move the Georgia Baptist Convention challenged.

"The purpose wasn't to oust the GBC. The purpose was to be accredited," attorney Bruce Brown said during the 45-minute hearing. "The board did the only thing it could for the college."

An appeals court ruled in March that Shorter's reorganization plan could not remove the Georgia Baptist Convention from its structure or transfer its assets out of the convention's control.

The school's accrediting body, the Southern Association of Colleges and Schools, accused the convention in 2003 of placing "undue pressure" on Shorter's trustees.

Lawyers for the convention countered the dissolution was a sham meant to disenfranchise the church.

"You can't do one thing and call it another," attorney Walter Bush told the seven-member panel of judges, adding that Shorter's actions more resembled a merger or transfer of funds.

At issue is whether the Court of Appeals improperly applied for-profit corporation law to Shorter College, a non-profit corporation.

Dozens of Shorter College alumni packed the courtroom for the hearing, eager to learn the fate of their alma mater.

Jean Porter and her niece, Elizabeth Porter-Royals - whose family boasts five generations of Shorter graduates - said after the hearing they were in favor of the autonomy and diversity they said could be gained from splitting from the convention.

"It would help us grow as an institution," Elizabeth Porter-Royals said.

Mary Skinner-Archer, who graduated from Shorter in 1949, said she believes the school can be independent while staying true to its religious roots.

"Shorter will always have its Christian foundation and values," she said. "We're not breaking away to become a totally secular school."

Her husband, Herbert Archer - an alumnus of Furman University, which was formerly affiliated with the Baptist Church - said the school's independence could lead to improved academics.

"You can't attract a strong faculty with strong, dictatorial policies," he said.

The Supreme Court is expected to rule on the issue by July 31.