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On Day 7, ECUSA finally got to the meat of the matter by calling an acknowledged expert in South Carolina’s religious and non-profit corporations law, Professor Martin McWilliams of the University of South Carolina law school. He offered an elaborate theory as to why the diocese’s vote to secede from the national Church was invalid under South Carolina law: according to him, the diocese incorporated the national Church’s constitution and canons into its articles by reference, holus bolus, when it simply mentioned them in passing. Then, because the national governing documents (as amended from year to year) were part and parcel of the diocese’s corporate articles, it could not change those articles in any manner that was inconsistent with the Church’s governing documents.

This theory, however, had a hole in it so wide that one could drive a truck through it, and it was a simple matter for Bishop Lawrence’s counsel, on their cross-examination of Prof. McWilliams, to discredit it completely. First Prof. McWilliams conceded that there was no language in the national governing documents ”“ even if they had been incorporated into the articles by the brief reference to them ”“ which forbade a diocese from seceding, or from amending its articles in any manner whatsoever. And with that concession, any effect Prof. McWilliams might have had with his testimony was finished. For he next had to concede that the Diocese was wholly within its rights under South Carolina law when it amended its articles so as to remove its language of accession to the national Church.

After that major concession, the case for ECUSA and its rump group never regained its momentum, and their attorneys became ever more desperate in their tactics as they tried to recoup lost ground. On Day 8 they tried to call an expert witness they had not bothered to disclose by Judge Goodstein’s deadline, and she blocked the testimony after giving the hapless attorney trying to introduce it a good tongue-lashing for disregarding her rules.

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Gender is really not an issue, she said in a phone conversation a fortnight ago, just before travelling to the UK to preach at the annual pilgrimage in St Albans. “It’s been a very minor theme. When I was first elected, there was profound objection from a couple of bishops who did not think that women should be ordained. We’ve long ago gotten past that: they decided they didn’t want to be part of the Episcopal Church.

“My gender is really beside the point. I think it was more significant for the Episcopal Church that I was the first scientifically trained Presiding Bishop, and the first Presiding Bishop who was elected from the Western part of the US; and I’m probably the first one who was elected not having spent one’s whole adult life in the Church as a primary vocation.”
….
“There is a long history of disagreement in the Episcopal Church. At heart, it’s about how people read scripture. Some people argue for the primacy of scripture, and won’t accept that there are other sources of authority.”

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I will take comments on this submitted by email only to KSHarmon[at]mindspring[dot]com.

We have also decided to name a (Special) Legislative Committee on Marriage for this General Convention to ensure that the work of the Task Force on Marriage and resolutions related to the rapidly shifting contexts of civil marriage in the United States and in several other parts of the world can be given appropriate consideration. This will also make it possible for the Prayer Book, Liturgy & Music legislative committee to give full consideration to the other business that will come before it.

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[Jim] Lewis testified that the votes to withdraw from TEC passed with 90 percent or more support of the convention clergy and delegates. He also testified about the misuse of Diocesan symbols and seals by TEC and TECSC, and their intention to present themselves as the Diocese.

Lewis also shared with the court copies of historic documents that showed that the Episcopal Diocese of South Carolina existed in 1785 ”“ and that the Diocese was one of several post-colonial diocese to establish The Episcopal Church in the new United States. TEC has repeatedly claimed that the Diocese cannot exist outside the Episcopal Church ”“ even though it did historically.

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After a flurry of last-minute emergency motions and appeals, the so-called “Episcopal Church in South Carolina” rump group (“ECSC”) has run out of maneuvers to delay the start of the scheduled trial next week before Circuit Judge Diane Goodstein.

Well — they did manage to delay the start by one day. They had argued, in a last-minute motion for a continuance, that they had not had sufficient time to complete thirty-four depositions of persons familiar with each of the individual parishes who joined Bishop Lawrence’s Diocese of South Carolina as co-plaintiffs in the case. And Judge Goodstein denied their motion to continue the trial, but ordered them to complete all 34 depositions this Monday, July 7.

Then ECSC overreached….

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You can read the article here but only if you read it alongside the A.S. Haley .

Local Episcopalians hoping to reclaim millions of dollars in church property, which is now controlled by those who split six years ago from the national Episcopal Church, are taking their case to the U.S. Supreme Court.

Leaders of the Episcopal Diocese of Fort Worth who remain faithful to the U.S. Episcopal Church filed a petition Thursday for a writ of certiorari with the nation’s highest court.

The petition asks the U.S. Supreme Court to review the decision of the Texas Supreme Court on Aug. 30, 2013, overturning a Fort Worth lower court’s ruling in January 2011 that awarded property and holdings in the 24-county diocese to those loyal to the national church.

The Texas Supreme Court called for a rehearing on property matters in Judge John Chupp’s 141st District Court based on “neutral principles” of Texas law. The “deference” principles used in the earlier decision gave weight to the hierarchical structure of the U.S. Episcopal Church and its claim of ownership of all church properties.

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In a hearing Thursday, May 22, before the 141st District Court, the Hon. John Chupp set the course for the conclusion of the suit filed against the Diocese and diocesan Corporation over five years ago.

Attorneys for the Diocese successfully argued against consolidation of the case, which would have re-attached portions that were not part of the 2011 Summary Judgment that was appealed to the state Supreme Court. Judge Chupp signed an order denying the proposed consolidation and clearing the way for a new Summary Judgment hearing. Additionally, local TEC parties sought to delay the date of that hearing until mid-2015, but the judge set a date before the end of 2014, much closer to the timeline proposed by the Diocese. The hearing date is Wednesday, Dec. 17; filing deadlines will be set in advance of the hearing.

We give thanks for the positive results of this hearing and continue to pray for God’s guidance and provision.

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In compliance with the mandate issued by the Texas Supreme Court on March 21st, today the 141st District Court in Fort Worth agreed to move forward with a new trial in the property suit brought five years ago by The Episcopal Church against the Episcopal Diocese of Fort Worth. It is anticipated that the next major event in the proceedings will be a hearing on motion for summary judgment sometime this fall, when neutral principles of law concerning trusts and property ownership in the State of Texas will be applied in the dispute.
On Thursday morning Judge John Chupp heard discussion on both sides, then ruled on two motions. He denied a motion by TEC to stay the resumption of proceedings in his court, which would have postponed the case further while TEC considers an appeal to the U.S. Supreme Court; and he ordered the return of the $100,000 cash bond posted by the Diocese in October 2011 in connection with our appeal to the state Supreme Court. His order also terminates other conditions of the supersedeas bond.

Commenting on the result, diocesan attorney Scott Brister noted, “The judge ruled with us. It’s time to move forward and finish this suit.”

“We are grateful to be relieved of the obligations of the supersedeas order,” added diocesan chancellor David Weaver. “We appreciate the continued prayers of our congregations as we navigate our way through the civil justice system.”

In the near future our attorneys will present the trial court with a proposed scheduling order to move the case forward in compliance with the Texas Supreme Court’s opinion of August 30, 2013.

The Diocese is delighted to be on a path toward the conclusion of a lengthy and costly legal process. Bishop Iker said, “This is a great encouragement to us, and we look forward to the day when all these legal proceedings are behind us and we can get on with the mission of the Church without the distraction of litigation.”

First came the ruling against TEC in the direct appeal we brought to the Texas Supreme Court, issued on August 30. Second came the denial of TEC’s request for the court to rehear (or reconsider) that ruling. And now comes their third loss, on April 17. The high court has denied TEC’s motion to recall the mandate it sent to the trial court, which would have “stayed the proceedings” (stopped the legal process in Texas) while they try to get a review of our case from the U.S Supreme Court. Apparently the state Justices agreed with our attorneys that it is highly unlikely the U.S. Supreme Court will review the case at this stage. Nonetheless, TEC has until June 19 to seek review at the national level.

The next step in the litigation here in Fort Worth is a hearing at 9 a.m. on Thursday, April 24, in the courtroom of Judge John Chupp, where we have requested that he set aside the supersedeas order and refund to the Diocese the $100,000 cash bond we posted two years ago in order to maintain possession of our property. With his original decision having now been reversed by the Texas Supreme Court, there are no legal grounds for the order to remain in effect.

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In a brief order filed…[yesterday], the Supreme Court of South Carolina has granted the motion filed earlier by Bishop Lawrence, his diocesan trustees and individual parishes to transfer to it jurisdiction of the current appeals brought by ECUSA and its rump group in an attempt to delay the trial of the main action set for next July in front of Judge Goodstein.

The Supreme Court’s action came just after ECUSA and its rump group had filed a petition for rehearing with the Court of Appeals, asking a full panel to overrule a single judge’s earlier order dismissing that appeal, which seeks review of an order by Judge Goodstein denying the rump group access to attorney-client communications between Bishop Lawrence and his counsel, Alan Runyon.

The appeal raises the question of whether the rump group may be seen in law as the continuing successor to the Episcopal Diocese, or whether it is a new entity that began its legal life with a special convention in January 2013 — regardless of whether ECUSA treats it for religious purposes as a continuing “diocese” in the Church. The rump group contends that they are the legal successor to the Diocese, and so are entitled to see prior communications between the Episcopal Diocese and its attorneys.

But the Episcopal Diocese is very much alive as a legal entity under South Carolina law, with its same Constitution and Canons (amended so as to remove any affiliations with ECUSA), as the rump group has found out in defeat after defeat these past fifteen months.

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The South Carolina Supreme Court has intervened in a lawsuit and granted the Diocese of South Carolina’s Motion to Transfer jurisdiction from the Court of Appeals to the Supreme Court. This may effectively prevent The Episcopal Church (TEC) and its local subsidiary, The Episcopal Church in South Carolina (TECSC), from using serial appeals to further delay a trial to prevent the two groups from seizing Diocese of South Carolina property.

The Supreme Court decision comes days after TEC and TECSC filed new appeals apparently aimed at delaying the discovery process in advance of the trial that is scheduled to start on July 7. While the Supreme Court ruling does not prevent the denomination from filing appeals, it eliminates the time-consuming step of first going to the South Carolina Court of Appeals.

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Bishops are ”˜growing together as a house more deeply’

Read it all and you can find more information there.

From here:

For [the National Episcopal Church at] 815 [Second Avenue in New York City] to continue to pour money into the current property litigation in both those States is nothing less than an actionable waste of charitable resources on a purely punitive mission, and as such is a breach of fiduciary duty at the highest level.

The Court of Appeals effectively said it will not tolerate legal shenanigans to delay a trial to decide whether the denomination may seize South Carolina property, including churches and the diocesan symbols. In asking the Court of Appeals to dismiss the action, the Diocese of South Carolina argued that TECSC is appealing a court order that is “unappealable”.

South Carolina’s Court of Appeals justices agreed.

“We are grateful that the court recognized that TEC and TECSC are misusing the judicial system to delay resolution of this case,” said the Rev. Jim Lewis, Canon to the Ordinary of the Diocese. “Their strategy of using legal motions to delay court decisions caused eight months to be wasted when they asked the federal court to override the state court injunction. As in that matter, the courts sided with the Diocese of South Carolina.”

TEC has a long history of dragging out legal battles, apparently in hopes of draining the resources of parishes and dioceses it seeks to punish for leaving the denomination. According to the latest published reports, TEC has spent more than $40 million on litigation in the past few years. TEC routinely appeals court decisions in hopes of wearing down its opposition ”“ and to intimidate parishes and dioceses that wish to leave the denomination.

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The background to this story is here.

The Most Reverend Katharine Jefferts Schori, Presiding Bishop of the Episcopal Church, will visit Nashotah House Theological Seminary on May 1, 2014. The invitation was made by the Dean/President the Right Reverend Edward Salmon, Jr at the request of several Episcopal seminarians studying at the House in order that she might become better acquainted with the life, character, and programs of the seminary and its community. Given the untimely and tragic death of one of those students, the Reverend Deacon Terry Star, a second year student from the Diocese of North Dakota who suffered a fatal heart attack on March 4, she has been invited to offer the encomium homily honoring Deacon Star following Evensong.

Deacon Star had served with Bishop Jefferts Schori on the Executive Council of the Episcopal Church. Her visit and homily will give the community unique insights into his promising life of ministry cut short by this tragedy.

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The National Council of FIFNA endorses and affirms the ACNA College of Bishops’ statement (See below) issued on Feb 25, 2014, regarding the invitation to Dr. Katharine Jefferts Schori to preach at Nashotah House.

In the interest of restoring “the trust that this particular invitation has seriously shaken,” we request that the invitation either be rescinded or that the venue be changed to an academic lecture by Dr. Katharine Jefferts Schori in a non-liturgical context, followed by a time for discussion and response.

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The Most Rev. Katharine Jefferts Schori has not ruled out seeking a second nine year term as Presiding Bishop and Primate of the Episcopal Church of the USA.

Her comments came amidst a wide ranging interview broadcast on 25 Feb 2014 interview Kansas City National Public Radio affiliate station KCUR.

Asked about the sharp decline in membership since the 1960s, Bishop Jefferts Schori said the decline did not worry her. While there were fewer Episcopalians today, they were nonetheless better Episcopalians. The “membership levels of 50 years ago are not reflective of the faith” of the people in the pews she noted.

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Leaders of the Episcopal Church in Alabama were vocal in their belief that slavery was a benign institution. “Its members tended to be disproportionaately slaveowners,” Vaughn said. “They believed there wasn’t any discrepancy between the Christian message and slave ownership. They didn’t see any conflict at all. They were blinded by their financial self-interests.”

One of the towering but controversial figures in Alabama’s church history was Bishop C.C.J. Carpenter, who was scolded by both the Rev. Martin Luther King Jr. in “Letter from Birmingham Jail” and by Episcopal seminarian Jonathan Myrick Daniels, who took part in marches in Selma in 1965 and was killed in Hayneville protecting a black girl from a shotgun blast. Daniels defied Carpenter, coming to Alabama in spite of Carpenter’s warning to outside agitators. Daniels and other Episcopal seminarians picketed Carpenter House, the diocesan headquarters in Birmingham, and wrote that “The Carpenter of Birmingham must not be allowed to forever deny the Carpenter of Nazareth,” in a harsh letter to Carpenter.

“I think Carpenter was a great bishop in many ways,” Vaughn said. “He’s remembered as a kindly, warm grandfatherly figure. He increased membership; he increased the budget. He just didn’t get it though when it came to the civil rights movement.”

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Please take the time to read them in order (from bottom to top). An excerpt follows:

My experience at both Trinity and Nashotah House has led me to conclude:

1. You can be an Anglican seminary outside the control of the Episcopal Church and still survive.
2. You cannot be a seminary in the Episcopal Church and remain orthodox.

In witness to that, I point to the following news I received today: Bishop Iker Resigns in Protest From Nashotah House Board (because Bp. Salmon has invited Presiding Bishop Katharine Jefferts Schori to preach in Nashotah House’s Chapel), an event that is shocking and tragic to many alumni.

Just as my “getting the House in Trouble” by reaching out to the AMiA and the ACNA and starting a congregation in the seminary chapel may have been the low point (as some would reckon it) of my deanship, the scandal of inviting Katharine Jefferts Schori to preach in the seminary chapel will probably go down as the low point of Bp. Salmon’s deanship. I can only say that I would put the low point of my deanship up against the low point of Bp. Salmon’s deanship any day. (I would also gladly compare the high points of my deanship with the high points of his.)
In Bp. Salmon’s first interview as Dean and President, Doug LeBlanc reported:
Salmon said he plans to strengthen relationships, both among seminary faculty and staff and between the seminary and bishops of the Episcopal Church. (Emphasis added.)
Well, now we see where that has led, don’t we? Salmon is further quoted as saying,
“The name of leadership is relationships – people connecting with each other and working together,” he said. “Our broken relationships in the Church are a testimony against the Gospel.”
No, Bishop, the heterodoxy of the Episcopal Church, in general, and of Katharine Jefferts Schori, in particular, are a testimony against the Gospel. We are called to separate ourselves from false teachers; and a shepherd, whether of a diocese, a parish, or a seminary, is called to protect his flock from wolves. In the words of the ordination vows Bishop Salmon took: “Are you ready, with all faithful diligence, to banish and drive away all erroneous and strange doctrine contrary to God’s Word; and both privately and openly to call upon and encourage others to do the same?” To lead a seminary like Nashotah House in these days, and to fail to keep that ordination vow, is to see your seminary turn into another Seabury-Western, or General, or worse.