The trial court in Quincy first handed a shock to TEC when it denied TEC’s summary judgment motion and ordering TEC to prove at trial that it was hierarchical….TEC was not prepared for this ruling coming out of the Adams County courthouse. Then, in a well-reasoned opinion after the trial, the trial court again disagreed with TEC, holding that: “There is no provision in TEC’s Constitution or Canons which require prior approval (by TEC) of a diocesan constitution or its canons. There is no express prohibition against withdrawal of a diocese.”

In a unanimous opinion, the Appellate Court also rejected TEC’s claims and held that TEC failed to prove that it was hierarchical. More importantly, it ruled that even if TEC were hierarchical, this was irrelevant because deference by the court to the determination of the hierarchy was not necessary since the property dispute could be decided using neutral principals of law. As stated by the Appellate Court:

This approach (neutral principals of law) may be applied in resolving property disputes, even within a hierarchical church organization, so long as the court need not decide a religious matter involving church doctrine, polity or practice. Read it all.

The three-week trial of the Diocese of South Carolina vs. The Episcopal Church (TEC) and The Episcopal Church in South Carolina (TECSC) ended July 25, with Judge Diane S. Goodstein, who presided, telling the parties what she wanted from them to assist in her deliberations.

Attorneys representing the Diocese, the Trustees and the Diocesan churches were given 30 days to create a three-page document describing the testimony given in court which explained the procedures they followed to legally separate from TEC, (such as amending their by-laws, giving notice of meetings, properly taking votes, etc.) They were then to send those documents to the Court and to TEC and TECSC whose attorneys will have 30 days to respond in a similar fashion.

In essence, the judge’s last words reiterated what she said throughout the trial: The case will be decided on neutral principles of law, which means that the judge must apply the law to this case as it would any other ”“ making no adjustments because it involves a religious organization. TEC and TECSC have opposed the application of neutral principles; essentially arguing that the judge should defer to their view on the issues since they are a religious organization.

Read it all.

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.

Read it all.

We also had witnesses in rebuttal to the case made by TEC attorneys. Our diocesan administrator, Nancy Armstrong, combed through centuries of diocesan records to contrast monies that have come into the diocese from TEC and its various related agencies with monies sent by the diocese to TEC. This was in rebuttal to the one-sided presentations given by witnesses from the National Church (including UTO grants which any woman from our DCW can tell you are from contributions from the pews in congregations around the country and not from some National Church budget). In summary the court learned that for every 81 cents given by The Episcopal Church and its various entities to us in South Carolina and our congregations for ministry; the diocese sent $100 to TEC ($100 to 81 cent ratio), therein undermining the defendants’ one-sided presentation of the “facts”. In fifteen minutes of testimony she undermined hours of tedium and an endless parade of documents from so-called experts for the National Church. When Mr. Runyan called to the stand the renowned professor and historian, Dr. Allen Guelzo, author of some 16 books and a foremost historian of the Civil War era and 18th and 19th centuries of American intellectual history we were treated to a breath-taking tour de force disputing the alleged hierarchical assumptions of the national Episcopal Church. Others in this rebuttal stage of the trial were Fr. Robert Lawrence from Camp St. Christopher, the Rev. Greg Kronz, who chaired the Bishop’s search committee and Chancellor Wade Logan who once again punctuated our case. On the last day, I was called finally to the stand.

But I need to say, and can hardly say it enough, undergirding it all””felt at times in palpable ways””the prayers and intercessions from tens of thousands of the saints within the diocese and around the world upholding us in prayer. Some of these intercessors came to the courtroom to pray while testimonies and cross-examinations were taking place. Others of you prayed from home, perhaps on a lunch break, or while driving to and from your work place. Thank you! Thank you! Thank you!

Read it all.

“We are disappointed by the decision of the Court and believe that the decision is erroneous,” said Richard Hoskins, chancellor emeritus of the Diocese of Chicago. “We believe that the opinion misunderstands the polity of the Episcopal Church and misapplies the First Amendment. The attorneys representing us in the lawsuit are studying the opinion and will advise the Diocese whether to petition for leave to appeal to the Illinois Supreme Court.”

Read it all.

1 Chronicles 28:9-10 (NIV)
And you, my son Solomon, acknowledge the God of your father, and serve him with wholehearted devotion and with a willing mind, for the Lord searches every heart and understands every desire and every thought. If you seek him, he will be found by you; but if you forsake him, he will reject you forever. Consider now, for the Lord has chosen you to build a house as the sanctuary. Be strong and do the work.

Our Father in heaven,
We lift up the Episcopal Church in South Carolina and the Diocese of South Carolina”“the parishes, the litigation teams, and the bishops. May they seek You and dedicate themselves to become households of faith, built on the foundation of the apostles and prophets, with Christ Jesus himself as the chief cornerstone. In him the whole building is joined together and rises to become a holy temple in the Lord, a dwelling in which God lives by his Spirit. Amen.
Ephesians 2:19-22

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these prayers which during this time will be weekly we understand.

An Illinois appeals court has ruled in favor of an Anglican Church in North America diocese and against the Episcopal Church in a case that highlights theological differences between the two sides.

The ruling over the ownership of money and endowments as well as the property of parishes and missions was handed down Thursday in Springfield by the Illinois 4th District Appellate Court.

Locally, members of the Trinity Anglican Church in Rock Island celebrated the decision.

Read it all.

Before the split, the diocese had 70 congregations with about 29,000 parishioners. It dates to the 1700s and is one of the original dioceses that joined to form the Episcopal Church. The national church contends that the departure of a diocese requires the consent of the church’s General Convention, which was not consulted.

[Bp Mark] Lawrence later told reporters “I’m hopeful and will continue to pray for Judge Goodstein and guidance as she rules on this.”

Read it all.

Read it all.

The Right Rev. Mark J. Lawrence, 14th bishop of the Diocese of SC, whom TEC supporters have accused of plotting to lead the Diocese out of the denomination, was the only witness called during the final day of the trial. Diocesan attorneys asked him several questions about TEC’s authority and the process followed to punish him.

When asked if he had planned to lead the diocese out of TEC, he said, “Absolutely not.” He explained that no one had ever asked him to lead the diocese out and said it only decided to leave after TEC had taken steps to remove him as bishop ”“ violating its own process for doing that.

The bishop also contradicted testimony from earlier in the week, in which TEC witnesses claimed that the denomination has supreme authority over its dioceses and congregations. The bishop said that he shared the opinion of 14 other bishops that TEC has no actual authority over its member dioceses.

Read it all.

Key Excerpts follow below the “read more” link.

Read it all[pdf]. h/t Stand Firm

Note: An article with important background to today’s decision is here.

[color=Red]UPDATE:[/color] Don’t miss Allan Haley’s analysis of this decision at Anglican Curmudgeon

[47] However, the deference approach is unavailable where the determination of a church’s hierarchical structure is not easily discernible. See Maryland & Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, Inc., 396 U.S. 367, 369-70 (1970) (deference approach is permissible only where the governing church body can be determined without extensive inquiry into religious policy). Here, the trial court declined to apply a deference approach, concluding it could not “constitutionally determine the highest judicatory authority or the locus of control regarding the property dispute to which it would be required to defer.” The court’s conclusion is not against the manifest weight of the evidence.

[48] A review of the evidence presented in this case, including testimony from Dr. Mullin, the Church’s own witness, does not clearly demonstrate the existence of a hierarchical relationship between the Diocese and the Church. Indeed, the Church’s authority is not readily ascertainable without an impermissible investigation into matters of polity. Moreover, the central matter underlying the parties’ dispute is: “who owns the disputed property.” Determining whether the Diocese could leave the Church or identifying the leaders of the continuing diocese is unnecessary for purposes of answering that question. Again, such determinations would necessarily involve an extensive inquiry into church polity. With regard to the issue of the disputed property, however, we agree with the trial court it can be resolved by applying neutral principles of law.
—————————-

[54] An examination of the evidence reveals nothing to demonstrate an express trust, an implied trust, or any other interest vested in the Church. As stated, neither the deed nor the Discretionary Agency Agreement provides for an express trust in favor of the Church. Further, our review of the Diocese’s constitution and canons does not suggest diocesan assets were ever impliedly held in trust for the Church. After Jones, the Church adopted a trust canon (Title I.7.4, referred to by the parties as the Dennis Canon). That canon provides parish property is held in trust for the Diocese and Church and restricts a parish’s ability to dispose of its property. However, it appears undisputed the Church’s canons do not contain similar language with respect to diocesan property being held in favor of the Church. In addition, Bonner testified the Dennis Canon does not apply to property owned by a diocese. Our review of the record reveals nothing to suggest the opposite conclusion. Accordingly, the trial court’s findings in this regard are not against the manifest weight of the evidence.

[55] In sum, the evidence presented demonstrates title to the funds and real property lies with the Diocese. Following our review of the record, we cannot say the trial court’s findings were arbitrary, unreasonable, or not otherwise based on the evidence. Nor can we say the opposite conclusion is clearly apparent in this case. As a result, the court did not err in finding in favor of the Diocese. We commend the trial court for its detailed order, which we found quite helpful in reviewing this matter.

III. CONCLUSION

[58] Affirmed; motion denied.

Psalm 18:28 (ESV)
For it is you who light my lamp;
the Lord my God lightens my darkness.

Our Father in heaven,
We turn to You. Lighten the darkness in the courtroom where the trial between the Episcopal Church in South Carolina and the Diocese of South Carolina is taking place. Amen.

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

Whenever one is spared an ordeal, initial relief is soon succeeded by a measure of regret that one has been unable to make public the fruits of one’s research. After two weeks in Charleston and five days sitting in the St. George courthouse, the news that I was not to take the stand was hardly a surprise, however, after this morning’s bravura performance by Gettysburg College’s Allen Guelzo, who delivered one of the most lucid pieces of witness testimony of the whole trial….

Both Mary Kostel and David Booth Beers did their best with a witness for whom they were unprepared (this is permitted under South Carolina law, as Guelzo was introduced for the purpose of rebuttal of their earlier argument pertaining to the manner in which the national church exercised control over dioceses and states). Kostel focused on the writings of nineteenth century commentators that have been at the center of my counterpart Robert Bruce Mullin’s arguments, but Guelzo fought back, in the process eliciting from the judge the revelation that state law requires that an expert witness have the freedom to offer a critique of a proffered document if he declines to accept it as “learned treatise” (something which came as news to a number of the South Carolina attorneys present for the independent Diocese). Freed from a simple acknowledgment of the statements presented, Guelzo happily explained how most of the advocates of national church hierarchy in the nineteenth century were ritualist partisans and certainly enjoyed no authority from the General Convention to say what they said. Asked for a counter argument from the same era, he proffered Calvin Colton’s Genius and Mission of the Protestant Episcopal Church in the United States (1853), a source of which, I must confess, I was unaware, but which I’ve no doubt fits the bill. The point at issue is that any notion of a churchwide consensus on polity is simply unsustainable. There followed a fruitless set of exchanges between Guelzo and David Beers in which the latter was in fairly short order outmaneuvered, when he attempted to switch the focus to twentieth century canon law, of which Guelzo did not profess to be an expert.

Read it all.

On the 13th day of the trial of the Diocese of South Carolina vs. The Episcopal Church and its local subsidiary, The Episcopal Church in South Carolina, a director of The Historical Society of the Episcopal Church testified that the denomination has no supreme control over its dioceses or parishes, countering TEC claims to the contrary.

Dr. Allen C. Guelzo, who is also a professor of history at Gettysburg College, an expert on the history of religious organizations including TEC and the author of 16 books, said that TEC’s authority is “prescriptive,” which means the denomination can advise its dioceses but cannot order them to do anything.

He also testified that TEC was formed by dioceses, including the Diocese of South Carolina, and that it did not form those dioceses. He said there was no evidence in its formation in 1789 or today that it controlled the dioceses that are in union with it. He also testified that nothing associated with TEC’s formation suggests that dioceses that formed it could not leave it as voluntarily as they joined it. “History shows that authority flows from bottom up,” Guelzo said.

Read it all.

1 Chronicles 14:13-16 (ESV)
And the Philistines yet again made a raid in the valley. And when David again inquired of God, God said to him, “You shall not go up after them; go around and come against them opposite the balsam trees. And when you hear the sound of marching in the tops of the balsam trees, then go out to battle, for God has gone out before you to strike down the army of the Philistines.” And David did as God commanded him, and they struck down the Philistine army from Gibeon to Gezer.

Father of Abraham, Isaac, and Jacob,
Blessed art thou, O Lord, God of our fathers, and to be praised and highly exalted for ever; And blessed is thy glorious, holy name and to be highly praised and highly exalted for ever.
When the Philistines came against David, You guided him by the sound of marching in the tops of the balsam trees.
When the three young men were thrown into the fiery furnace, the angel of the Lord came down into the furnace to be with them, and drove the fiery flame out of the furnace, and made the midst of the furnace like a moist whistling wind, so that the fire did not touch them at all or hurt or trouble them.
Send the wind of Your Holy Spirit into the courtroom today in the trial between the Episcopal Church in South Carolina and the Diocese of South Carolina. Amen.
The Prayer of Azaraiah

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

Psalm 5:11-12
let all who take refuge in you be glad;
let them ever sing for joy.
Spread your protection over them,
that those who love your name may rejoice in you.
Surely, Lord, you bless the righteous;
you surround them with your favor as with a shield

Lord, you are our strong tower in times of trouble and source of peace,
bless and defend we pray the Judge, Court and all those attending the South Carolina trial
spreading your protection and righteousness over them.
May they rejoice only in you, seek truth and honor your name,
for Jesus sake. Amen

”“ On the 12th day of the trial of the Diocese of South Carolina vs. The Episcopal Church and its local subsidiary, The Episcopal Church in South Carolina, TEC attorney David Beers attempted to introduce the concept of church hierarchy once again into the trial, ignoring Judge Diane S. Goodstein’s repeated rulings that church hierarchy plays no role in this case.

Beers asked the first provisional bishop of TECSC, Charles vonRosenberg, to tell the court why the Bishop of San Joaquin, Ca., the Rt. Rev. John David Schofield had been removed as bishop of that diocese.

Judge Goodstein said, “It’s not relevant. For this reason: I don’t know what [that] state’s position is regarding the analysis of church disputes. I don’t really care. What I care about is the state of South Carolina. My Supreme Court tells me what I do when I analyze church disputes.’

She added, “In terms of whether or not the parishes in SC and the Diocese in SC were allowed to leave the national church ”“ I’m going to make that determination on the basis of neutral principles of law under South Carolina law. I don’t care what happened any where else.”

Read it all.

Kendall has now posted his answer to the Monday Morning Quiz he posted about the history of the Diocese of South Carolina.

You can find the quiz here. And his response is here.

Proverbs 19:21 (ESV)
Many are the plans in the mind of a man,
but it is the purpose of the Lord that will stand.

Our Father in heaven,
We cry out for Your purpose to stand in the litigation between the Episcopal Church in South Carolina and the Diocese of South Carolina. Amen.

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

ECUSA is acting as though the decision in All Saints Waccamaw resolved nothing in South Carolina. It does so at its peril, because all South Carolina trial and appellate courts are bound by its holdings: that religious corporations who have the unrestricted power to amend their governing documents may do so without regard to any “heirarchical” claims by a superior body that have not been reduced to writing; and that no declaration of any trust on religious property in South Carolina is effective to create an enforceable trust unless it is in a writing that is signed by the owner of the real property being placed into the trust.

ECUSA’s attorneys may think they are “making a record,” but the record of their hierarchical arguments and supposedly hierarchical documents will amount to nothing under South Carolina law””because ECUSA never made its hierarchy explicit in its governing documents.

Read it all (emphasis his).

For the second day in a row, the witness admitted that he had not been shown any documents on contributions by the Diocese to TEC for the same period that TEC was claiming it had made contributions to the Diocese and its parishes.

The rest of the day was spent reading the deposition of Thomas M. Rickenbaker from Spartanburg, South Carolina, who was interviewed for Bishop of South Carolina but did not make it to the second round of finalists. Rickenbaker was not present for his testimony.

Rickenbaker, who was baptized by Tom Tisdale, Sr., father of TECSC’s lead attorney, said that when he was interviewed for the job of bishop that the first question he was asked in his interview was “Can you lead us out of TEC?” Richkenbaker had never provided that information to anyone in five years and then only recalled the conversation after being contacted by a representative of TECSC. His statements are in dispute by those who interviewed Mr. Rickenbaker in 2006.

Read it all.

Romans 8:38-39 (ESV)
For I am sure that neither death nor life, nor angels nor rulers, nor things present nor things to come, nor powers, nor height nor depth, nor anything else in all creation, will be able to separate us from the love of God in Christ Jesus our Lord.

Our Heavenly Father,
We thank You that there is nothing in that courtroom”“seen or unseen”“that can separate Your children from the love of God in Christ Jesus our Lord. Amen.

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

In effect, this passage asks the court to extend the witness carte blanche to render any opinions he sees fit to give””without the necessity of alerting the other side in advance, so as to allow them to prepare for his cross-examination.

Needless to say, those are not the rules. The purpose of expert discovery in the first place is to (a) pin down the other side’s expert to specific, articulated opinions””which may then be subjected as necessary to the cross-examination required to test their merit; and (b) to avoid any element of surprise at trial when the expert does testify.

Apparently ECUSA did not bother to disclose Prof. [Walter] Edgar as an expert, and represented that he would simply catalog an entire litany of historical facts, taken from the various diocesan and other records, for the Court to consider. Well, he was allowed to do that””but he was stopped when it came to expressing his opinions about those facts, because he had not previously disclosed just what those “opinions” would be.

Read it all.

An attorney for The Episcopal Church on Monday acknowledged that ”“ despite TEC’s repeated claim that dioceses may not leave the denomination ”“ there is nothing in the group’s constitution that specifically prohibits such a disassociation.

“It’s true it doesn’t say whether a diocese in the U.S. can or cannot [leave],” said Mary Kostel, attorney for TEC. “It’s arguably ambiguous.”

The comment came during the 10th day of trial in suit to prevent TEC from seizing the property of the Diocese of South Carolina and its parishes. Much of the morning was spent in a discussion between attorneys and Judge Diane S. Goodstein about the admissibility of testimony by historian Walter Edgar, a professor at the University of South Carolina.

Though Edgar was not identified as an expert witness, TEC wanted him to testify about his expertise and provide opinions on the hierarchical nature of TEC and to demonstrate that it has authority over its dioceses and parishes. But Judge Goodstein denied that he would be allowed to.

Read it all.

1 Chronicles 29:16 (NIV)
Lord our God, all this abundance that we have provided for building you a temple for your Holy Name comes from your hand, and all of it belongs to you.

Our Father in heaven,
You are the Father of Abraham, Isaac, and Jacob. You work through the generations and for the generations. You search every heart and understand every desire and every thought. You have the power to help and to overthrow.
This trial is in your hands. The church assets in dispute are in Your hands. Bless this day in court for the establishment of Your kingdom on earth as it is in heaven. Amen.
1 Chronicles 28:9, 2 Chronicles 25:8

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

Read it all.

Jeremiah 33:3 (AMP)
Call to Me and I will answer you and show you great and mighty things, fenced in and hidden, which you do not know (do not distinguish and recognize, have knowledge of and understand).

Our Father in heaven,
We thank You for the promises of Holy Scripture and call to You in this season of litigation. Amen.

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.

According to the official line promulgated by ECUSA, “people may leave, but dioceses may not.” ECUSA claims to be made up of 110 dioceses (actually, now 109 following the merger of Quincy into the Diocese of Chicago), but four of them are not true dioceses — they are the rump groups set up by 815 to act as plaintiffs (or, in some cases, when they cannot organize fast enough, as defendants and counterclaimants) in the lawsuits brought to recover the bank accounts and real properties that belonged to the dioceses and their member parishes that voted to withdraw. Those rump groups, although each newly organized, have never formally been admitted as proper “dioceses” into union with General Convention, as required by ECUSA’s own Constitution.

And one sees right away why: if ECUSA were to go through the formalities necessary to admit them as new dioceses, it would give away its argument that “dioceses cannot leave.” Instead it has the rump groups pretend to be the ongoing original dioceses, and then has General Convention recognize them as such and seat their deputies.

Thus far, only two trial courts — one in Pittsburgh, and the other in Fresno, California — have been taken in by this ruse. Judges in Texas and in Illinois, meanwhile, have not. (A ruling is expected any day now from the Illinois Court of Appeals which will affirm a lower court’s judgment that the [now Anglican] Diocese of Quincy properly amended its own governing documents so as to remove itself from ECUSA.)

And now ECUSA may have shot itself in the foot in South Carolina, as well. Let’s have the Press Office of the Episcopal Diocese tell us what happened on Day 7 of the trial, with ECUSA and ECSC putting on their portion of the case…

Read it carefully and read all.

Before asking his final question, [Alan] Runyan placed the Constitution and Canons of TEC for 2006 and 2009 on the edge of the witness stand and asked Daniel to identify them.

Runyan asked the witness to turn to the page in those documents where it says the diocese cannot withdraw from the Episcopal Church and read it to the court. “Is there a page or a phrase, or a sentence, in either of those that says, quote, a diocese may not leave the Episcopal Church without the consent of the general convention?” asked Runyon. “I don’t believe so,” answered [Bishop Clifton] Daniel. “But I may be wrong.”

“I’m sure it will be pointed out if you are.“ answered Runyan.

Read it all.

Our Father in heaven,
We thank You for the gift of song. We thank You for the hands that craft musical instruments and for the psalmists who compose hymns. We thank You for nimble fingers dancing across keyboards and for nimble vocal cords vibrating in praise.
During this trial between the Episcopal Church in South Carolina and the Diocese of South Carolina, we humbly request that You pour out upon the communicants of these two dioceses a spirit of praise in good measure. May the words and the notes of their song reach the throne room of heaven. You are enthroned upon the praises of Your people.
May they sing in their coming and going, upon their beds and in their daily walk. May they sing in their times together and their times apart.
O God of hope, turn their eyes ever toward You.
O God of hope, fill them with all joy and peace in believing that by the power of the Holy Spirit they may abound in hope.
O God of hope, pluck their feet out of the net. Amen.
Psalm 22:3, 25:15, Luke 6:38, Romans 15:13

Please pray it all if you wish and there are more prayers from Lent and Beyond for South Carolina here. We are grateful to Lent and Beyond for these daily prayers.