(AAC) Phil Ashey–On lawsuits and losses: a Meditation from Psalm 37

The decision of the South Carolina Supreme Court in the matter of the ACNA Diocese of South Carolina vs. the TEC Diocese of South Carolina (Heard September 23, 2015 and filed August 2, 2017) appears to be such a case. The net effect of this case seems to be the transfer of the property of 29 congregations from the ACNA Diocese of South Carolina to TEC. Ultimately this could mean the displacement of thousands of families from the place where they have worshiped for generations. It could mean the loss of all the ACNA Diocese of South Carolina offices, the bishops residence and more.

The legal effect is to overturn the South Carolina Supreme Court decision in All Saints Parish, Waccamaw v Diocese 385 S.C. 428 (2009) that neither the then Episcopal Diocese of South Carolina nor the national church (by the Dennis Canon) can create a trust in favor of themselves in any church in South Carolina unless they already have an express property interest in that church. This 2009 decision was based on long settled common law principles of trusts in South Carolina law. The legal effect of the Court’s August 2 decision is to reinterpret the facts of this case de novo, and by bare majority of 3-2 to reinstate the validity of the Dennis Canon by turning the “neutral principles” approach to church property disputes (see Jones v. Wolf , 443 U.S. 595 (1979)) into a “deference to internal hierarchical church law,” approach—turning “neutral principles on its head.” As Justice Kittredge concluded in his opinion (dissenting in part and concurring in part): “The message is clear for churches in South Carolina that are affiliated in any manner with a national organization and have never lifted a finger to transfer control or ownership of their property—if you think your property ownership is secure, think again….”

I am reminded constantly of the example of The Falls Church Anglican in Virginia. Under years of costly litigation and appeals, they planted three churches in the DC Beltway (Arlington, Alexandria and Vienna) and one on the outskirts of Northern VA, in Winchester. All are thriving. TFC lost their buildings, but their congregation grew even as they gave away hundreds to these church plants! Now they have a location and a building that exceeds what they had before, as they are growing in mission and evangelism where God has planted them.

How tragic it would be if litigation and appeals took our eyes off God and the things that delight him—especially reaching those who do not yet know the transforming love of Jesus Christ.

Read it all.

Print Friendly

Posted in - Anglican: Commentary, Ethics / Moral Theology, Law & Legal Issues, TEC Conflicts: South Carolina, Theology: Scripture