This post is ‘Sticky’ at the head of the page – new posts are below.
Support increased dramatically today for a lawsuit to prevent The Episcopal Church (TEC) from hijacking local property as 15 more parishes joined the suit in an amended complaint filed with the South Carolina Circuit Court, bringing the total number of congregations in the litigation to 31.

The suit, originally filed on January 4 by the Diocese of South Carolina, the Trustees of the Diocese and 16 congregations, seeks to protect the Diocese’s real, personal and intellectual property and that of its parishes. An additional 13 congregations have decided to stay in the Diocese of South Carolina and are considering their own participation in joining the litigation at a later time. The Episcopal Church has eight parishes and eight missions that have elected to stay with them. Nine missions and two parishes are undecided.

One of the parishes joining the amended suit today, Trinity Church of Edisto Island, SC, is one of the oldest continuously operating churches in the United States and was among the parishes that founded the Diocese of South Carolina. Trinity Church was formed in 1774.

Read it all.

In October, after more than two centuries as a founding member of the national Episcopal Church, the Diocese of South Carolina disaffiliated itself from the national church after the national church charged Bishop Mark Lawrence with abandonment.
St. Paul’s decided to remain with the Diocese of South Carolina.
“We have been anticipating the possibility of this for at least the past year and a half,” [Mike] Lumpkin said.
He said there were full congregational meetings in December 2011 and then in the spring of 2012 to keep parishioners apprised as the drama ramped up.
“We are less and less comfortable with what the Episcopal Church holds up as authoritative,” he said.

Read it all.

“It is beyond belief what The Episcopal Church is attempting to do,” [David] Thurlow said last week. “What it amounts to is corporate identity theft.”

Thurlow said St. Matthias’ participation in this legal action is necessary to protect the church and its parish buildings – erected and maintained by the families of Summerton and surrounding communities without any financial support from The Episcopal Church – from being taken over by The Episcopal Church.

“Our community is most disturbed that outside attorneys and individuals from New York, who have never lived here in the South, should have the audacity to suggest that they have any claim whatsoever to church buildings and property here in South Carolina,” Thurlow said. “That The Episcopal Church is now claiming ownership of our land, that is not right.”

Read it all.

‘This week Kevin and George cover the international outrage over Civll Partnered Gay Bishops in the Church of England… and in the Palaces. They also spend time analyzing the sound approach the Anglican Church in North America is applying to the difficult topics of Multi-jurisdictional Dioceses and Women’s Ordination. Story three covers the folly of the Episcopal Church’s legal strategy in South Carolina and the Quorum problem. In Episode 63s final story we learn about how North America is able to Bless something without actually do it… we know… weird.’

With years of angst and controversy now done, the split of the Episcopal Diocese of South Carolina from the national church has brought clarity and allows the faithful to look to the future, Bishop Mark Lawrence said.

“We as a diocese can begin to dream,” he said recently in a wide-ranging interview with The Associated Press. “We can dream of how God would have us fulfill our vision. We can dream of planting new churches and strengthening existing churches and working with Anglicans around the world.”

The diocese in eastern and lower South Carolina, one of the oldest Episcopal dioceses in the nation, left the more liberal national church after years of disagreements over doctrine including the ordination of [non-celibate] gays.

Read it all.

Read it all.

If you have not seen this material, you need to. Read it all (16 page pdf).

Read it all.

A tentative settlement has been reached in the “Fort Worth 7” and “Quincy 3” cases, sources close to the proceedings report. Details of the agreement will not been released until all parties endorse the agreement, the sources report, but the disposition of the dispute is being characterized as “amicable” AI has learned.

If the agreement is ratified, the settlement will conclude the largest mass disciplinary proceeding launched against bishops of the Episcopal Church.

Read it all.

The South Carolina Diocese withdrew from the Episcopal Church, which has a history of suing to obtain ownership of diocese property. South Carolina has filed an advance lawsuit claiming ownership of the property valued at more than a half billion dollars. Diocese canon theologian Kendall Harmon tells OneNewsNow the diocese predates the Episcopal Church.

Read it all.

Today, the Supreme Court of Virginia announced it will consider the Diocese of Virginia’s cross-appeal on whether the Diocese has a trust interest in the real and personal property of the Falls Church….

Read it all.

Brothers and Sisters in Christ,

Most of you have received a message this week from the TEC Steering Committee inviting you to a “diocesan convention” to be held later this month. Our legal counsel has asked that you make the following reply to that correspondence:

You are not authorized to send an email on behalf of the Diocese of South Carolina. To state that you are is an improper use of the Diocese’s name and of ours, ______________ (the name of the Parish). Please be aware of the provisions of the following sections of the South Carolina Code of Laws: Sections 16-17-310 and 320. We have provided links to those sections for your review.

.The links are:

http://www.diosc.com/sys/images/documents/tec/code_16_17_310.pdf
http://www.diosc.com/sys/images/documents/tec/code_16_17_320.pdf

Thanks in advance for your cooperation in this response. Please feel free to call if you have any questions.

In Christ’s service,

–(The Rev. Canon) Jim Lewis is Canon to the Ordinary, Diocese of South Carolina

It is a fact well known to certain Episcopalians””both those who have left the Episcopal Church (USA) and those who have remained””that ECUSA and its dioceses have followed a pattern of suing any church that chooses to leave for another Anglican jurisdiction. But the full extent of the litigation that has ensued is not well known at all, either in the wider Church, or among the provinces of the Anglican Communion.

Your Curmudgeon proposes to do what he can to rectify this situation, by publishing an annual update on this site of the current status of all past and present cases in which ECUSA or any of its dioceses has been or is involved, from 2000 to date. Feel free to link to this post, to email links to it to other Episcopalians, and to send it to your Bishop — and feel free to post any updates or corrections in the comments.

The lawsuits initiated by ECUSA and its dioceses to date are first listed below, followed by a list of the six cases begun by a diocese or parish against the Episcopal Church. The listing endeavors to be as complete as I can make it. The first 78 cases, grouped by the State in which they each originated, are the legal actions filed since 2000 (of which I am aware) where the Episcopal Church (USA) and/or one of its dioceses played the role of plaintiff….

Read it all.

A conciliation meeting concerning complaints involving the Episcopal Dioceses of Fort Worth and Quincy will be held on January 8 and 9 in Richmond, VA…

Read it all.

Read it all.

A number of S.C. Episcopal parishes, including Trinity Myrtle Beach and St. Paul’s Episcopal in Conway, joined the Diocese of South Carolina and the Trustees of the Diocese in a lawsuit filed Friday seeking to stop The Episcopal Church from trying to take the Diocese’s real and personal property as well as that of the parishes.

The suit also asks the court to stop The Episcopal Church from infringing on the protected marks of the Diocese, including its seal and historical names, and to prevent The Episcopal Church from assuming the Diocese’s identity.

“At its heart,” said Jim Lewis, the Diocese’s canon to the ordinary, “this is about freedom of religion.”

Read it all.

A South Carolina court has been asked “Who and what are Episcopalians and how is that church organized?” after the Diocese of South Carolina filed a lawsuit yesterday against the national Episcopal Church. The 65-page complaint asks the court to issue an injunction banning Presiding Bishop Katharine Jefferts Schori and her allies in South Carolina from using the name or presuming to act on behalf of the diocese and further asks the court to affirm the legality of the diocese’s secession from the General Convention of the Episcopal Church of the United States of America.

Filed on 4 January 2013 in the First Judicial Circuit Court in Dorchester County by the trustees of the Episcopal Diocese of South Carolina and 16 parishes, the complaint asks the civil courts to adjudicate the same general questions currently before the Texas Supreme Court in the Diocese of Fort Worth case. South Carolina has asked the court to… [legally scrutinize] Bishop Jefferts Schori’s claim the Episcopal Church of the United States of America is a hierarchical body with final authority vested in the national church.

Read it all.

January 4, 2013

Dear Christ-St. Paul’s Parish Family,

Today we joined with the Diocese of South Carolina and the Trustees of the Diocese and some 20 plus other congregations in a lawsuit filed today in a South Carolina Circuit Court seeking a declaratory judgment against The Episcopal Church to protect the Diocese’s real and personal property and that of its parishes, including Christ-St. Paul’s. The parishes participating in the suit, along with the other supporting parishes, represent 74 percent of the members in the Diocese.
The suit asks the court to prevent The Episcopal Church from infringing on the protected marks of the Diocese, including its seal and its historical names, and to prevent The Episcopal Church from assuming the Diocese’s identity, established long before The Episcopal Church’s creation.

Our vestry unanimously voted to join in this action to not only protect our property, but the properties of the Diocese and the other congregations. When the Diocese disassociated from The Episcopal Church it didn’t become a new entity, The Diocese of South Carolina was established in 1785 as an independent, voluntary association that grew from the missionary work of the Church of England. It was incorporated in 1973; and adopted the current legal name, ”˜The Protestant Episcopal Church in the Diocese of South Carolina. While the Diocese has disassociated from The Episcopal Church, it remains a part of the Anglican Communion.

The Episcopal Church has spent more than $22 million on legal action, filing at least 75 lawsuits against the four other dioceses and 200 congregations that have disassociated from the church. The suits have sought to seize the property of local parishes. Today’s suit is pre-emptively filed to protect diocesan and parish property in the wake of our disassociation.

As you know the Episcopal Church has already begun an effort to adopt the Diocese of South Carolina’s identity by calling for a convention to identify new leadership for the Diocese and creating a website and other material using the Diocesan seal.
We joined with our Diocesan family in taking this legal action to protect the legacy of generations of faithful Christ-St. Paul’s members and especially for future generations of worshipers, who want to follow Jesus, place their trust in His Word and remain faithful to His teaching as we received them in our Anglican heritage. Unfortunately to do that, we must do so outside The Episcopal Church.
This Sunday we will have a special Adult Forum following our Big Breakfast, where I, our chancellor, and members of the vestry can address any questions you might have. I ask your continued prayers for Bishop Lawrence, the other clergy and congregations in our Diocese, our vestry, Fr Kendall and me.

Faithfully yours in Christ,

(The Rev.) Craige Borrett is rector, Christ Saint Paul’s, Yonges Island, South Carolina.

The Diocese of South Carolina is made up of 71 parishes with approximately 30,000 members. It says the parishes participating in the suit, along with the other supporting parishes, represent 74 percent of the members in the diocese.

Orangeburg’s Church of the Redeemer is one of the parishes that has signed on to the lawsuit.

“In 1857, the parishioners of the Church of the Redeemer built our first building on Boulevard across from the railroad tracks. In 1891, they put the church on logs and rolled it to its present site on Russell Street,” said the Rev. Dr. Frank E. Larisey, rector of the Church of the Redeemer….

Read it all.

WCIV-TV | ABC News 4 – Charleston News, Sports, Weather

Officials of the Diocese of South Carolina said Friday that they filed a lawsuit against The Episcopal Church, saying it needs to protect its property from the national body.

A statement from the diocese said the lawsuit was filed in South Carolina Circuit Court. It also seeks to prevent The Episcopal Church from infringing on the protected marks of the Diocese, including its seal and its historical names.

“The Episcopal Church has every right to have a presence in the area served by our Diocese – but it does not have a right to use our identity. The Episcopal Church must create a new entity,” the Rev. Jim Lewis said in a statement.

Spokesman Neva Rae Fox said Friday that The Episcopal Church has not received the lawsuit and cannot comment.

Read it all.

January 4, 2013

Dear Brothers and Sisters in Christ,

By now you are aware that today the Diocese of South Carolina, the Trustees of the Diocese and congregations representing the vast majority of its baptized members filed suit in South Carolina Circuit Court against The Episcopal Church to protect the Diocese’s real and personal property and that of its parishes.

We have developed a number of background resources you may find helpful in explaining this situation to your parish. These items include:

A letter from Bishop Lawrence – in the form of a bulletin insert
Stewardship of the Gospel – Stewardship of the Diocese (a theological reflection)
A Media Release
List of Plaintiffs Participating
Glossary of Terms
Timeline of Events
Letters of Support/Articles of Interest

These may all be found here.

If you have additional questions, please feel free to contact me.

In Christ’s service,

–(The Rev. Canon) Jim Lewis is Canon to the Ordinary of the Episcopal Diocese of South Carolina

Read it all.

This post is ‘Sticky’ at the head of the page – new posts are below.
I write to you in this Christmas season to share some news. Today, parishes representing approximately 75 percent of baptized members in our Diocese joined in filing for a declarative judgment in a South Carolina Circuit Court against the Episcopal Church (TEC). We are asking the court to declare that The Episcopal Church (TEC) has no right to the Diocese’s identity and property or that of its parishes.

We are saddened that we feel it necessary to ask a court to protect our property rights, but recent actions compelled us to take this action. As you know, The Episcopal Church (TEC) has begun the effort to claim the Diocese of South Carolina’s identity by calling for a convention to identify new leadership for the diocese, creating a website using the Diocesan seal and producing material that invokes the name and identity of the Diocese of South Carolina.

Our suit asks the court to prevent TEC from infringing on the protected marks of the Diocese, including its seal and its historical names, and to prevent it from assuming the Diocese’s identity, which was established long before TEC was formed. It also asks the court to protect our parish and Diocesan property, including church buildings and rectories, which our forefathers built and even shed blood over, and you have maintained without any investment of any kind from the national church.

Read it all.

This post is ‘Sticky’ at the head of the page – new posts are below.

See also: Bishop Mark Lawrence Writes Regarding the Declaratory Judgment and A Message to Clergy in the Diocese of South Carolina Regarding the Declaratory Judgment and The Diocese of South Carolina is the Only Authority to Convene a Convention in the Diocese and South Carolina Links

The Diocese of South Carolina, the Trustees of the Diocese and congregations representing the vast majority of its baptized members today filed suit in South Carolina Circuit Court against The Episcopal Church to protect the Diocese’s real and personal property and that of its parishes.

The suit also asks the court to prevent The Episcopal Church from infringing on the protected marks of the Diocese, including its seal and its historical names, and to prevent the church from assuming the Diocese’s identity, which was established long before The Episcopal Church’s creation.

“We seek to protect more than $500 million in real property, including churches, rectories and other buildings that South Carolinians built, paid for, maintained and expanded ”“ and in some cases died to protect ”“ without any support from The Episcopal Church,” said the Rev. Jim Lewis, Canon to the Ordinary. “Many of our parishes are among the oldest operating churches in the nation. They and this Diocese predate the establishment of The Episcopal Church. We want to protect these properties from a blatant land grab.”

Read it all.

Wading into the tricky legal waters where religion and government meet, the Texas Supreme Court will decide who owns 52 Fort Worth-area churches ”” the national Episcopal Church or the diocese that broke away in protest of the consecration of a gay bishop, the ordination of women and other liberal policies.

The properties at stake are worth more than $100 million, making this the largest church-property dispute in Texas history, and probably in U.S. history as well, lawyers say.

What’s more, the court decision will affect the way Texas handles future church disputes by further pinning down a moving legal target: the dividing line between the free exercise of religion, as guaranteed by the First Amendment, and state laws affecting property, nonprofits and related areas.

Read it all.

Members of St. Andrew’s Parish in Nashville will split their time this week between preparing for Christmas and packing up their church’s possessions.

The congregation will hold worship services on Sunday and Christmas Day and then say goodbye to the property that has been its home for more than 50 years.

“There’s a lot of grieving going on here,” said the Rev. James Guill, pastor of St. Andrew’s.

Read it all.

“What the Presiding Bishop is trying to do is to organize a new diocese of the Episcopal Church in this area,” …[ Bishop Mark Lawrence] said. “We in the Diocese of South Carolina have nothing to do with that undertaking. The name “The [Episcopal] Diocese of South Carolina” is the registered property and identity of the Diocese.”

Bishop Lawrence explained that the continued use of the Dioceses’ corporate name and identity by TEC is causing confusion among the members of the Diocese and the wider South Carolina public. “This misuse of our name and identity by TEC is a violation of South Carolina law and can subject it to liability for treble damages and attorneys’ fees, he explained. “I call upon TEC to cease and desist from the continued misuse of our name and identity.“

Read it all.

The leaders of the Global South coalition of Anglican provinces have written to Bishop Mark Lawrence of the Episcopal Diocese of South Carolina stating they do not recognize the validity of Presiding Bishop Katharine Jeffert Schori’s purported deposition of him from episcopal office and the ordained ministry.

Read it all.