[Yesterday]… April 15, 2015, the South Carolina Supreme Court agreed to take the appeal of Judge Goodstein’s February 3rd ruling in favor of the Diocese of South Carolina and its parishes. We are grateful that the South Carolina Supreme Court acted so promptly to take jurisdiction of this case, just as it did when requested during the attempted procedural delays prior to the trial. The more quickly the case is resolved, the more beneficial it will be for all parties, allowing us to get about the work of ministry without the incessant distraction of courtroom proceedings.

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…there are now two very good reasons why ECUSA and its rump group should have no cause to celebrate their opportunity to go before Judge Houck once more with their claims of “infringement.” The first is that the injunction against Bishop vonRosenberg remains in effect pending their appeal (which they have asked the South Carolina Supreme Court to hear directly, thus bypassing the Court of Appeals if the Supreme Court grants their request). If he is prevented from claiming to be the Episcopal Bishop of the Diocese of South Carolina, how can he say he owns the trademarks which have been adjudicated to belong to Bishop Lawrence and his Diocese?

Second, if the Episcopal Diocese of South Carolina had the right to withdraw from ECUSA, as now finally adjudged in the Illinois courts, then it has the right to keep its marks and trade names — and ECUSA (and by extension ECSC, since the latter claims to be one of ECUSA’s dioceses) are both now barred from arguing to the contrary.

Judge Houck thought he was doing Bishop vonRosenberg a favor by declining to accept jurisdiction of his suit. Now that he is required to revisit that decision, however, he might just proceed (in due course, after appropriate motions and briefing) to the merits, and add his own adverse decision to the ones in the State courts of Illinois, Texas and South Carolina. ECUSA has asked for a decision, and now it will get one (but not for several more months).

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Every religious tradition has its skeletons and its saints, and sometimes they are the same people. Paul is warning his hearers not to count themselves better than their ancestors, for they all depend on the same rootstock ”“ a root that nourishes the olive tree or the grape vine we cling to as intimate connection to God as Creator of all. That root is why we are here, and it is also why the LDS church is here.

When General Convention shows up here just over 3 months from now, many of the volunteers and dispensers of hospitality will be our sisters and brothers from that tradition. Will we recognize their welcome as a product of the same root, or will we assume that they come from a different and unrecognizable species?

Complexity defines human beings and their relationships, which just might convince us of the otherness of God. Difference is part of God’s creativity, from the riotous diversity of the species of creation to the inner chaos of most human beings. Paul names it when he says he wants to do the right thing, but he does something else instead.[8] Nevertheless, when people stay connected to that one rootstock, God can usually be found to bring something new and holy out of the mess.

Branches that seem radically different grow on the same tree and the same vine, even though we love to hate the ones who are not like us. We often in the church focus our attention on differences in reproductive customs and norms ”“ yet both the grape vine and the olive tree has multiple ways to be generative. Flowers can be fertilized by pollen from the same plant or another one. The fruit and seeds that result are eaten by birds and animals and left to grow far from the original plant, yet they are still related. The vine also generates new branches from its rootstock or from distant parts of its branches. But all those kinds of vines and branches are related, however they come about.

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But now add in the EMM figures (bottom of the third page):

(D) 2014 EMM reimbursements received were $ 13,322,419; while

(E) 2014 EMM expenditures amounted to $ 16,811,183; for a net

(F) Annual EMM operating deficit of $ 3,488,763, which more than wipes out (C) above, and leaves

(G) A net operating loss for 2014 of $ 1,092,161 !!

In other words, the Episcopal Church is in the hole to the tune of over a million dollars for calendar 2014.

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The Episcopal Church and its allies in South Carolina have filed an appeal with the state’s highest court in its legal battle over a breakaway diocese’s $500 million property.

After being denied a motion to rehear by a lower court, The Episcopal Church in South Carolina announced Tuesday that they are filing an appeal against the Diocese of South Carolina….

“Their policy of using legal action to drain the finances of dissident congregations is not working,” stated [Canon] Lewis.

“It only deflects denomination resources from projects to promote the faith and speeds the downward spiral of The Episcopal Church.”

Read it all from the Christian Post.

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Sometimes a news story drags on bit by bit, piece by piece, over the years and becomes so tedious that reporters miss the dramatic cumulative impact. It also doesn’t help that long, slow-developing, nuanced religion stories have been known to turn secular editors into pillars of salt.

So it seems with the lawsuits against conservative congregations and regional dioceses that have been quitting the Episcopal Church, mostly to join the Anglican Church in North America, especially since consecration of the first openly partnered gay bishop in 2003.

The Religion Guy confesses he totally missed the eye-popping claim last year that the denomination has spent more than $40 million on lawsuits to win ownership of the dropouts’ buildings, properties, and liquid assets. If that’s anywhere near accurate it surely sets the all-time record for American schisms. And that doesn’t even count the millions come-outers have spent on lawyers.

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Just over two months ago, when Heather Elizabeth Cook, a newly ordained Episcopal bishop, was involved in an accident that left a bicyclist dead, the tragedy made headlines around the world, while sparking controversy within and outside the church.

Cook ”” who was drunk at the time of the accident, according to Baltimore police and prosecutors ”” had been made a bishop despite an arrest on DUI charges four years earlier. The Dec. 27 crash raised questions about how the Episcopal Church, already split over dogma and facing steep membership declines, chooses its leaders.

And it has put the stewardship of the national church’s presiding bishop, the Most Rev. Katharine Jefferts Schori, in the spotlight.

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Read the remarks of Bishop William White, generally recognized as the leading founder of PECUSA, as I reported them in this earlier post (with my bold, again):

. . . And there appeared [at that more general meeting in October 1784] Deputies, not only from the said three States, but also from others, with the view of consulting on the exigency of the Church. The greater number of these Deputies were not vested with powers for the binding of their constituents; and therefore, although they called themselves a Convention . . . yet they were not an organized body. They did not consider themselves as such; and their only act was, the issuing of a recommendation to the churches in the several States, to unite under a few articles to be considered as fundamental.

Moreover, at pages 6-7 the motion again reverses temporal order: “The Diocese [of South Carolina] came into existence as the Diocese when TEC’s Constitution was adopted in 1789.” This claim is metaphysical, not legal — if the Diocese did not have any legal existence before its authorized representatives signed ECUSA’s Constitution in 1789, then how could their signatures on the Constitution have been authorized? And why did they sign as “Lay Deputies from the State of South Carolina” if the Diocese (i.e., “State”) did not yet exist? (The “State of South Carolina” [in the political sense] was not the entity forming PECUSA. The word “State” was also used in an ecclesiastical sense, as the predecessor to the later word “Diocese” — which began to be used after the State of New York split into two “Dioceses” in 1839.)

The motion goes right on inventing new facts and claiming them to be true….

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For more recent stories & commentary on the South Carolina Circuit Court Ruling, see here.

You can read the motion here (182 page pdf) and the press release there.

..Sutton said he got to know Cook over the summer before her consecration. “Having worked with her for a couple of months,” he said he suspected she was drunk at a private dinner given two days before her scheduled ordination.

“At that moment something clicked. There was this, and there was her DUI in 2010,” he said, referring to her arrest for possession of marijuana and drug paraphernalia as well as drunk driving in Caroline County, Md.

He said he did the “only thing I could do, canonically” ”“ he shared his suspicions with Bishop Jefferts Schori, who had also attended the private dinner party with her husband.

“Clearly the presiding bishop agreed with my assessment that. . . we want to make sure that this is nipped in the bud before it becomes a problem,” Sutton said last night.

A Lavish Ceremony

But by all accounts, Heather Cook’s suspected alcoholism was not mentioned on September 6 when 10 bishops and nearly 1,000 worshippers participated at her ordination at the Church of the Redeemer in Baltimore.

During the lavish ceremony, Bishop Jefferts Schori spoke out the words: “If any of you know of any reason why we should not proceed, let it now be made known.”

With no objections made, Jefferts Schori then announced it was the will of the people for Cook to be made bishop. Sutton followed later with an official welcome to the new bishop.

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From here:

One might wish that the leadership of the Episcopal Church would come to grips with reality. The people of the Diocese of South Carolina voted by an overwhelming majority to leave the Episcopal Church. Any church bureaucracy that would try to force its will on a Diocese where the majority of people have said they no longer want to be affiliated is manifestly evil. They are just trying to suck the life out of the Diocese of South Carolina (and the other dioceses they are suing) by bleeding them dry through lawsuits. (That’s just my opinion, of course. But this kind of continued pernicious evil from the Episcopal Church’s leadership has been going on long enough that it just makes you wonder what it will take to finally drive a stake through the vampire’s heart.)

“I write you at this time to repeat and emphasize several important realities,” Bishop Charles vonRosenberg, leader of TECSC, said in a pastoral letter Wednesday. “First, we believe that this action is an indication that justice has been delayed.

“As we celebrate Black History Month, we are reminded that the history of African-American witness, along with others, is that delayed justice simply calls us to persevere in our efforts. That certainly is our intention at this moment. We will persevere as we seek justice, even though the personal and financial costs will be significant. The present cause requires us to respond in this way.”

But the Rev. Jim Lewis, the Charleston-based diocese’s canon to the ordinary and a close aide to Lawrence, said he believes one man’s perseverance “may be another man’s persecution.”

“They have known from the beginning that the law in South Carolina was against them,” he said Wednesday. “But they drug us through this knothole and will persist to drag us through more knotholes.”

Read it all from the State newspaper.

The Rev. Jim Lewis, canon to the ordinary, applauded the ruling saying it “protects South Carolina churches from being added to the long list of properties that TEC seized, then either abandoned or sold off. The decision protects our freedom to embrace the faith Anglicans have practiced for hundreds of years ”” and not the new theology being imposed on TEC’s dwindling membership.”

A spokeswoman for local parishes that remain a part of The Episcopal Church declined to comment late Tuesday saying church leaders first needed time to analyze the lengthy ruling.

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A South Carolina court has ruled that the Diocese of South Carolina and its parish churches are the owners of their property, not The Episcopal Church.

In a decision handed down Tuesday, Circuit Court Judge Diane Goodstein wrote that the diocese and its churches are “the owners of their real, personal and intellectual property.”

Goodstein wrote that The Episcopal Church “has no legal, beneficial or equitable interest” in the diocese and its property.

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Update: Explanation and Timeline.
(Please note for important background on this case please review the article there–KSH).

IT IS THEREFORE ORDERED,
1. The Plaintiffs are the owners of their real, personal and intellectual property.
2. The Defendants have no legal, beneficial or equitable interest in the Plaintiffs’ real, personal and intellectual property.
3. The Defendant TEC, also known as The Protestant Episcopal Church in the United States of America and Defendant The Episcopal Church in South Carolina and their officers, agents, servants, employees, members, attorneys and any person in concert with or under their direction or control are permanently enjoined from using, assuming, or adopting in any way, directly or indirectly the names, styles, emblems or marks of the Plaintiff as hereinafter set out, or any names, styles, emblems or marks that may be reasonably perceived to be those names, styles emblems or marks . . .
4. The Dorchester County clerk is directed, upon the filing of this order, to refund the sum of $50,000.00 to the Protestant Episcopal Church in the Diocese of South Carolina.
5. The Defendants counterclaims are dismissed with prejudice.

Read it carefully and read it all (it is a 54 page pdf)

The bishop of the Episcopal Diocese of Maryland suspected that Heather Cook ”” now charged in the drunken-driving death of a Baltimore bicyclist ”” was drunk during her installation festivities this past fall, a new official timeline shows.

Officials with the diocese, which elected Cook its first female bishop last spring, have said for weeks that they knew before her election of a drunken-driving incident in 2010. However, they have declined to answer questions about whether they had any reason to be concerned about her drinking after she was elected ”” until the fatal accident in December.

The timeline, which the Diocese of Maryland said Monday it had added to its Web site, says the head of the national Episcopal Church was made aware that Cook may have been drunk during her installation celebration. Presiding Bishop Katharine Jefferts Schori was the leader of the Sept. 6 service that consecrated Cook, or made her a bishop.

Bishop Eugene Sutton ”” who oversees Episcopalians in much of Maryland aside from the D.C. suburbs ”” suspected Cook was “inebriated during pre-consecration dinner,” the timeline says, “and conveys concern to Presiding Bishop. Presiding Bishop indicates she will discuss with Cook. Cook consecrated.”

Read it all and there is still more there. Also, the fuill timeline is available here.

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In the context of the present dispute, this means that the Court will base its final decision upon a close examination of the various deeds and other documents evidencing ownership and title, as well as the governing documents (constitution, canons, articles and bylaws) of the parishes, the Diocese, and of the Episcopal Church (USA) itself.

As to the ability of the Diocese to withdraw from ECUSA, it would seem that it has already been finally adjudicated (by the courts of Illinois) that there is no language in the Constitution or canons of ECUSA which would prevent a Diocese from withdrawing. That is also a decision drawn under neutral principles, and so is in harmony with the method shown in the All Saints Waccamaw case. I should think that Judge Goodstein will find the reasoning of those two cases both persuasive and binding upon her.

Resolution of that question will not, however, necessarily resolve the issue of property held in trust. Under the Waccamaw decision again, an express written trust of some kind will be required — one that satisfies the Statute of Frauds under South Carolina law (it must be in writing, and signed by the actual owner of the person so placing the property into a trust). The Dennis Canon alone will not work — that was one of the express holdings in the Waccamaw case which will be binding upon Judge Goodstein.

There was no evidence of any such trust document or documents offered at the trial, to my knowledge. Consequently, the decision on this point, while open, should not be a difficult one under neutral principles.

Read it all and please follow and read all the links as well.

Mr Lyon then shared the preliminary plans for ACC-16. He stressed that there had been some thinking around how to ensure every participant, regardless of their background, to had a common understanding of what the Anglican Consultative Council meeting is and is for.

This prompted a discussion among the Standing Committee about the future of the Instruments of Communion in relation to other Anglican Communion gatherings that might be more relational, conversational and perhaps missional in nature.

Bishop Katharine Jefferts Schori mentioned that at a recent meeting between the Episcopal Church and several senior bishops from across Africa [read more], there had been “significant energy” behind the idea of an Anglican ”˜gathering’ of some kind, above and beyond the Instruments of Communion.

Archbishop Bernard Ntahoturi said, “The Toronto Congress created the language of mutual responsibility and interdependence. Now there’s a feeling that again we need that [another chance to meet in this kind of way]. A wider gathering of Christians””Anglicans and Episcopalians, lay and ordained””coming together to see and discuss and share and build relationships.

“The Instruments of Communion, they have a 10-year schedule or three-year schedule. In the present world of instant communications, that’s becoming a long time. What happens between those meetings? If communion is really communion then we want something new [over and above the Instruments].”

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Local Anglican priests gave parishioners an extra helping of good news during Thanksgiving Day services.

The Illinois Supreme Court on Wednesday denied a petition by the Episcopal Church to review a lower court ruling that decided contested money and property tied to a 2008 split rightfully belonged to the Quincy Diocese of the Anglican Church in North America, the Rev. Thomas Janikowski, public relations director, said Friday.

He shared the news with parishioners at Trinity Anglican Church in Rock Island, where he’s rector, during his Thanksgiving homily and said he saw several “moist eyes” in people grateful to learn the case finally may be over, he said…

The Supreme Court’s denial was a disappointing decision, according to Episcopal Bishop Jeffrey D. Lee, of the Chicago Diocese, which the former Quincy Episcopal Diocese realigned itself with in 2013.

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Today the Supreme Court of the United States issued its order denying (without opinion) review (“certiorari”) of the decisions rendered last September by the Supreme Court of Texas in the Fort Worth and San Angelo cases.

The order was expected, because neither decision by the Texas Supreme Court was final. The U. S. Supreme Court almost never agrees to review lower court decisions until they are final. In these two cases, the Fort Worth matter was sent back to Judge Chupp’s court for a trial, and the Church of the Good Shepherd case was likewise sent back to the trial court in San Angelo for further proceedings.

The action by SCOTUS now frees both of those cases to move ahead.

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(Via email–KSH).

In response to a request by the U.S. Supreme Court to file a brief in response to TEC’s June 19 appeal, attorneys for the Diocese and Corporation today filed our 49-page Brief in Opposition. TEC seeks reversal of the Texas Supreme Court’s ruling in our favor. Our Brief supports the Neutral Principles approach to church property disputes that was issued by the nation’s highest Court in 1979.

Aaron Streett, the diocesan Counsel of Record, offers the following timeline: “We anticipate TEC’s reply will be filed by October 14. We anticipate the Court will vote on whether to grant certiorari on Oct. 31. The outcome of that vote could be known as early as that afternoon or the following Monday. It is also possible the Court will “re-list” the case for consideration at future conferences, which could delay the decision.”

Similarly, attorneys for the Church of the Good Shepherd in San Angelo have filed a Brief upon the Court’s request. TEC and the Diocese of Northwest Texas appealed the Texas Supreme Court’s ruling in that case, too.

Please keep the Justices and their staff in your prayers.

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