In Thursday’s ruling, the appellate justices said the issue before them was “not resolution of a property dispute … (but) solely this issue: Who is the Bishop of the Diocese of San Joaquin: John-David Schofield or Jerry A. Lamb? This is an issue the First Amendment forbids us from adjudicating.”

The matter of who is bishop, outside of property issues, the court wrote, is a matter for the church itself. Civil courts must not decide “questions of religious doctrine,” the justices wrote.

The facts are clear, the justices said, and not a matter for courts to decide: Schofield was the bishop until Jan. 11, 2008. Lamb has been the bishop since March 29, 2008. “Third, at some point Schofield became the Anglican Bishop presiding over an Anglican Diocese of San Joaquin, affiliated with the Anglican Province of the Southern Cone of South America.”

Thus, the trial court erred by naming Lamb as the bishop, the justices said.

Read it all.

The legal battle between the U.S. Episcopal Church and the breakaway Anglican Diocese of San Joaquin over who owns church property will return to Fresno County Superior Court, the 5th District Court of Appeal ruled Thursday.

The appellate justices tossed out a Superior Court judge’s decision that the breakaway diocese couldn’t claim a right to the property in a jury trial. The judge essentially had decided that it was a church matter, not a matter for the civil courts.

Read it all.

What does this decision signify for the other nine cases pending in various local courts in the Diocese of San Joaquin? (These are the ones filed, since the Fresno trial court’s decision in this case, by Bishop Lamb and the Episcopal Diocese against the individual incorporated parishes within the Anglican Diocese.) It is probably too early too tell. More skirmishes will have to occur, and the facts become clearer, before that question may be definitively answered. For each of the parishes in question did not leave the Diocese to which they have always belonged; instead, the Diocese in question left the Church to which it belonged, and the parishes came along with the Diocese. Now that the Court of Appeal has, in effect, ruled that state courts cannot inquire into the ecclesiastical legalities of that departure (which would require them at the same time to decide who is the proper Bishop of San Joaquin), it would appear that the local courts might be equally well precluded from inquiring whether the parishes correctly followed the Diocese.

Once again, if we take the present opinion as our guide, it would seem to say that the ownership of the individual parishes’ property will have to be decided based on neutral principles of property law — the deeds and the parish articles will be examined, as well as the diocesan and the national constitution and canons. And here is where the parishes have some breathing room. For the Dennis Canon was never adopted as such in the Diocese of San Joaquin, from the time it was enacted at the national level in 1979 until the date the Diocese withdrew from the national Church in December 2007. When it was admitted as a Diocese in 1961, San Joaquin acceded only to ECUSA’s Constitution, and said nothing about acceding to its canons; its diocesan Constitution still reads the same way today, under Bishop Lamb. Indeed, the Diocese enacted in 2005 a type of anti-Dennis Canon, which negated any trust interest in diocesan or parish property for the benefit of the national Church:

No ownership or proprietary interest in any real or personal property in which title and/or ownership is held by the Diocese of San Joaquin, its churches, congregations, or institutions, shall be imputed to any party other than the Bishop as Corporation Sole (including a trust, express or implied) without the express written consent of the Bishop and the Standing Committee of the Diocese.

Given these circumstances, therefore, the most important language in the Court’s opinion may well be in its final three sentences, directed to the trial court (emphasis added):

Other neutral principles of civil law may be relevant; and the governing documents of the diocese and the national church, to the extent those documents may establish trust relationships and limit or expand corporate powers. (See Episcopal Church Cases, supra, 45 Cal.4th at p. 485.) Thus, the trial court may be required to determine whether properties claimed by both plaintiffs and defendants were actually transferred by their legal owners under California law, and whether otherwise-valid transfers violated the provisions of a valid express or implied trust imposed on the property. But we emphasize that in resolution of, for example, trust issues, the court is required to determine the terms of the trust based on the applicable documents and the civil law, not on the basis of religious doctrine. (See Jones v. Wolf, supra, 443 U.S. at p. 604.)

Read it carefully and read it all.

Read it all (an eleven page pdf).

A.S. Haley offers this preliminary comment:

The ground upon which the reversal is ordered is that the case as presented by the plaintiffs Lamb and ECUSA in their first cause of action is not properly decidable by the secular courts without their becoming too entangled in First Amendment issues, such as who is the proper Bishop of San Joaquin. It holds that ECUSA’s recognition of Bishop Lamb is conclusive as to his position as Bishop of the Episcopal Diocese of San Joaquin, and to the continuity of that entity “for ecclesiastical purposes”, but it goes on to hold that the validity of the transfers of title to diocesan property by Bishop Schofield while he was still the Episcopal Bishop will have to be decided upon neutral principles of state corporate law, and also any relevant governing documents of the Diocese and the national Church.

The Rev. Rev. Gene Robinson says his decision to retire in January 2013 as Bishop of New Hampshire was easier to imagine after the election of the Rt. Rev. Mary D. Glasspool.

Both bishops discussed their sexuality openly before they were elected ”” Robinson in 2003 and Glasspool in 2009.

“I had never really considered retiring until Mary’s election,” Robinson told The Living Church in a telephone interview. “That really gave me permission to consider that possibility.”

Read it all.

The 227th annual convention of the Episcopal Diocese of Pennsylvania, by a vote of 341-134, has asked Bishop Charles Bennison Jr. to “resign immediately.”

A resolution containing the request also said that Bennison “does not have the trust of the people and clergy of the Diocese of Pennsylvania to continue to serve as their bishop.”

Bennison made no comment on the resolution after it passed.

Passage of the resolution came hours after Bishop Paul Marshall of the neighboring Diocese of Bethlehem wrote to Bennison and the convention, calling on him to resign and suggesting that convention participants urge Bennison to leave.

“You need to realize, I humbly submit, that you are the premier diocese of the Episcopal Church in this Commonwealth, and arguably (along with Connecticut) the mother diocese of our church in this country,” Marshall wrote. “It matters to the rest of us, and to the world, how you get along. It is not a confession of sin to admit that things have not worked out well, but it is surely a matter of empirical evidence.”

Read it all.

Robinson’s election as bishop in 2003 was a seismic event in the worldwide Anglican Communion, whose U.S. branch is the Episcopal Church. It prompted dozens of U.S. congregations and several dioceses to leave the church and affiliate with more conservative Anglican churches overseas.

Christopher Sugden, a British Anglican who is executive secretary of Anglican Mainstream, a group that promotes orthodox teachings, said the communion remained divided by the decision to consecrate gay bishops.

“His retirement doesn’t change anything,” Sugden said. “The issue is the refusal of the Episcopal Church to adhere to the agreed doctrinal standards of the communion, and their leadership’s determination to promote, and in North America to enforce, ethical and doctrinal standards that are contrary to the clear teaching of Scripture as received by the universal church. They have chosen to walk apart.”

To Robinson’s supporters, that break is a badge of courage. Margaret Porter, moderator of New Hampshire’s Episcopal Diocesan Council, said there had been little regret over Robinson’s selection and much sadness over his early departure.

Read it all.

The Anglican Diocese of Pittsburgh expects its convention in Sewickley this weekend to be a remarkably unremarkable.

In 2008, at what was then an Episcopal diocesan convention, delegates voted to split from the Episcopal Church. Last year the Anglican diocese was regrouping and fighting property litigation that is still on appeal.

“God willing, this will be a tame convention,” said Archbishop Robert Duncan, the bishop and leader of the Anglican Church in North America, to which the diocese now belongs. The convention began Friday night at St. Stephen Church, Sewickley, and continues today.

The new denomination — which is seeking recognition from the global Anglican Communion — has unusual geographical dynamics. The Diocese of Pittsburgh has taken in congregations from far outside the original 11 counties. Christ Church in Plano, Texas, which draws more than 2,000 worshipers weekly, has asked to join the Anglican Diocese of Pittsburgh, as have parishes from Illinois and Wisconsin.

Read it all.

Here are the letter signers:

Ms. Sarah Dylan Breuer, Diocese of Massachusetts and Member of Executive Council
The Rev’d Tony Clavier, Diocese of Northern Indiana and Alternate Deputy
The Rev’d Scott Gunn, Diocese of Rhode Island and Deputy
The Rev’d Matt Gunter, Diocese of Chicago and Deputy
The Rev’d Tobias Haller, BSG, Diocese of New York and Deputy
The Rev’d Stephen Moore, Diocese of Olympia and Deputy
The Rev’d Bruce Robison, Diocese of Pittsburgh and Alternate Deputy
The Rev’d Mike Russell, Diocese of San Diego and Deputy
The Very Rev’d George Werner, Diocese of Pittsburgh and past president of the House of Deputies

Now read it all.

So the path I ended up following was one of loyal and oblique opposition. Ironically, the documents posted by the current San Joaquin Standing Committee, if one takes the time to examine them closely, quite clearly illustrate this. When the Committee on Constitution and Canons proposed an amendment to Article II of the diocesan constitution that said, in effect, “We’re going to be Anglican, and affiliate with a province to be named later,” I cooperated with two clergy colleagues in crafting a substitute that would have been compatible with remaining within the Episcopal Church. (True, it omitted any mention of TEC, but it is worth noting that the “unqualified accession” language had already been removed some years earlier, so that concern was not at issue in 2006.) This was supplemented by a resolution that we drafted that appointed a committee to study various options for ensuring continued affiliation with the Anglican Communion, one of which would have been continued affiliation with the Episcopal Church. I did everything within my power, given the political realities in the diocese, to retard and subvert progress toward separation from the Episcopal Church. I even proposed an amendment to the constitutional change on the floor of convention that would have restored mention of the Episcopal Church to Article II, but my amendment was roundly defeated. So I failed in my efforts, but it was not for lack of trying.

Of course, from late 2006””actually, about the time of the diocesan convention that year””and on into the following year, I was involved with the search process at St Anne’s in Warsaw, Indiana, where I now serve as rector. I accepted that call in May 2007. In my experience, God’s timing usually turns out to be pretty good (!), and in this case it got me out of a situation where my opposition would have needed to turn from oblique to direct, not only with my bishop, but with my own parish, where the vestry was overwhelmingly committed to Bishop Schofield’s leadership. As the saying goes, it would not have been pretty.

Let me conclude by reiterating my intention to make my vows when I am consecrated a bishop without crossing my fingers, either physically or mentally. I will neither attempt to lead, nor cooperate with anyone else’s effort, in taking the Diocese of Springfield out of the Episcopal Church. In fact, I will oppose any such effort. I have tasted the fruit of that sort of activity, and it’s not sweet. I am committed to the Episcopal Church, and believe my specific vocation is to exercise my ministry within the Episcopal Church. My voice has been and will continue to be a minority voice on many important questions. I accept what comes with that territory. It is my call.

Read it all.

From here:

Citing “malicious prosecution and abuse of process” in bringing a suit which has “no factual or legal foundation,” a response filed Friday, Oct. 29, asks for sanctions on the lawyers who crafted litigation against Bishop Jack Iker on behalf of All Saints’ Episcopal Church on Crestline Road in Fort Worth.

Bishop Iker’s response denies the charges of harm to the Crestline Road congregation and notes that federal law provides “a remedy against counsel who unreasonably and vexatiously multiply the proceedings in a case.” The Oct. 15 complaint, filed in federal court, was intended to harass the Bishop and multiply the cost of litigation, the response explains. In addition, the federal suit multiplies the proceedings on an issue already under consideration in a Texas state court. The plaintiff and counsel are well aware of that suit, which covers the question of who owns certain church properties, including intellectual assets such as trademarks. That suit already represents the Crestline congregation’s interests.

Bishop Iker’s response asks the federal court to deny relief to the plaintiff church and to direct the plaintiff’s counsel to repay the Bishop’s legal costs.

The latest twist involves the man who was pastor of St. John’s in the run-up to the schism.

[The] Rev. Daniel H. Martins, St. John’s pastor for 13 years, has become a bishop-elect in the Diocese of Springfield, Ill. – but in the original denomination.

The denomination St. John’s decided to leave while Martins led it.

Some Episcopalians feel betrayed.

“I’m very surprised that he’s turned around and has decided to go back to the Episcopal Church,” said Al Lingo, “because he was a very, very avid opponent, and he led St. John’s parishioners away from the Episcopal Church. And I’m sure it’s a great, great surprise to the people of St. John’s.”

The original Diocese of San Joaquin has taken the unusual step of informing Springfield that Martins is a schismatic in sheep’s clothing and should not be bishop….

Read it all.

US Presiding Bishop Katharine Jefferts Schori has dismissed claims the legal campaign waged against traditionalists has been suicidal for the Episcopal Church, stating the funds expended on litigation have actually declined in recent years….

Asked at a post-meeting press conference whether the church’s suicide was by litigation, which had drained the church’s coffers, the presiding bishop responded this was not so. “Our legal costs have gone down in the past couple of years,” she said.

However, according to an analysis performed by canon lawyer Allan Haley, the national church and its dioceses have dedicated over $21,650,000 to lawsuits and disciplinary actions against the clergy.

Read it all.

Obtained via email; in wide circulation at present so important for blog readers to see; please read it all and follow all the links–KSH.

The Episcopal Diocese of San Joaquin
The Central Third of California
The Rt. Rev. Jerry A. Lamb, Bishop
The Rev. Canon Mark H. Hall, Canon to the Ordinary

Dear Bishops and Standing Committee Members,

The Standing Committee of the Diocese of San Joaquin joins me in sending you this letter that outlines our grave concerns about the election of the Rev. Daniel Martins as the Bishop Diocesan of the Diocese of Springfield, Illinois.

Our concern is not about the electing process, but about the suitability of Daniel Martins to be ordained a bishop in the Episcopal Church. We write to you now before the consent process is in full swing, so you will know of our concerns and have a chance to review pertinent information about Daniel Martins and his involvement in the attempted separation of the Episcopal Diocese of San Joaquin from the Episcopal Church. We also request that you visit Daniel Martins’ website (http://cariocaconfessions.blogspot.com/) and review his comments about the startup of the Continuing Episcopal Diocese of San Joaquin.
All of the material concerning Daniel Martins’ relationship to the Diocese of San Joaquin can be found on our diocesan website (www.diosanjoaquin.org) under “Updates” on the right sidebar or by direct link at http://www.diosanjoaquin.org/dioceseofspringfieldconsent.html.

Daniel Martins came to the Diocese of San Joaquin in 1994 when he was called to be the rector of St. John the Evangelist Episcopal Church in Stockton. He remained at St. John’s until August 2007 when he accepted a call to St. Anne’s Episcopal Church in Warsaw, Diocese of Northern Indiana. St. John’s is the oldest Episcopal Church in Stockton (and was one of the leading parishes in the diocese.) Only months after Martins left St. John’s, the parish chose to follow John-David Schofield in the attempt to leave the Episcopal Church. It is our contention that Daniel Martins did not prepare this congregation to remain in the Episcopal Church, but did just the opposite. St. John’s, Stockton is one of the few incorporated parishes in the diocese, and we were forced to file suit to recover this property for the Episcopal Church.

While residing in the Diocese of San Joaquin, Daniel Martins was very active in diocesan affairs. He was elected a deputy to General Convention multiple times, the last time in 2006. The Diocesan Council meeting minutes on April 8, 2006 report on a discussion of the upcoming Diocesan Convention resolution regarding disassociation from the Episcopal Church. In response to a question as to why deputies to General Convention 2006 had questions about the timing of the resolution, the Rev James Snell is referenced: “Read e-mail from Dan Martins. Endorse substance of proposal but concerned that (1) language provocative, (2) timing is ill-advised (prior to GC 2006) – diverts attention, (3) resolution will be spun by Bps adversaries, (4) robs GC deputations of effectiveness and credibility at GC. If GC rejects Windsor Report, then it will be time to act and Dan will lead the charge.” (See http://www.diosanjoaquin.org/doc/CouncilMinutesApr2006)

In John-David Schofield’s address to convention in December 2006, when the first reading of the proposed change to the Constitution was made, he made the following statement, “Working independently of this Virginia meeting, three of our rural deans: Frs. Dan Martins, Jim Snell, and Richard James came up with a substitute for the original proposed changes to our diocesan constitution.” This substitute amendment became the very amendment that the disaffiliating parties attempted to use as their vehicle to leave the Church. (See http://www.diosanjoaquin.org/doc/SchofieldAddr2006)

When former Bishop Schofield called for a vote in 2006 on this constitutional change removing the accession clause (after rejecting the motion for a secret ballot) and called for a vote by delegates standing in favor, reliable witnesses noted that Daniel Martins voted in the affirmative.

The Standing Committee and I contend Daniel Martins was instrumental to the process that led to first and second votes by the diocese to change the Constitutions and Canons that resulted in the failed attempt to unilaterally leave the Episcopal Church. Further excerpts from Diocesan documents are available at our diocesan website. (See for example, email dated June17, 2007 from Martins to Standing Committee http://www.diosanjoaquin.org/doc/Email6172007, Standing Committee minutes from June 2007 http://www.diosanjoaquin.org/doc/SCMinutesJun2007, and email from Dan Martins in December 2006 http://www.diosanjoaquin.org/doc/Email12182006).

We also urge you to read excerpts from Daniel Martins’ blog entitled “Confessions of a Carioca.” (See http://www.diosanjoaquin.org/doc/DanMartinsBlogExcerpts) The following are examples from his blog.

3-5-2008: There’s a new group of Non-Jurors in the process of formation even as I write. They are former clergy and laity of the Diocese of San Joaquin. Their principled stand places them between the “rock” of their former bishop, whom they have loved and served loyally, but whom they cannot in good conscience follow to the Province of the Southern Cone, and the “hard place” of the noncanonical rump “remaining” Diocese of San Joaquin, which they cannot in good conscience join because it represents the raw exercise of naked illicit power by the Presiding Bishop, and because to do so would compromise their oath of loyalty to the Constitution and Canons of the Episcopal Church.

7-13-2008: Now, aside from the … what shall we say? … ungenerous … tone of the missive, it raises some curious issues. It comes as no news that, for a number of substantive technical reasons, I recognize neither the constitutional foundation of the “Episcopal Diocese of San Joaquin” nor the authority of Bishop Jerry Lamb. By any rational reading of the Constitution & Canons of the Episcopal Church, we’re talking about a bogus diocese with a bogus bishop, though they have some impressive-looking stationery. That they exist at all, and are able to maintain the chimera of legitimacy is a result only of the raw exercise of naked political power on the part of the Presiding Bishop. She is manifestly guilty of presentable offenses but it will never happen because the political calculus just isn’t there.

Out of concern for the Episcopal Church, we urge you to review the information in this letter, on our website (http://www.diosanjoaquin.org/dioceseofspringfieldconsent.html), and in Daniel Martins’ own blog.

Upon reviewing the materials, we believe that it is clear that Daniel Martins not only actively supported and voted to attempt to remove the Diocese from the Episcopal Church. Furthermore, it is implicit in his writings and actions that he clearly holds the belief that a Diocese may leave this Church unilaterally, which is contrary to our understanding of Anglicanism and the polity of the Episcopal Church.

In closing, the consent process, as mandated by our canons, is the only way the wider Church can respond to the election of a person to be a bishop. Accordingly, we would ask you to join us in withholding consent for Daniel Martins to become the Bishop of Springfield.

Peace,

–(The Rt. Rev.) Jerry A. Lamb is Bishop of San Joaquin [the TEC Affiliated Diocese]

Members of the Standing Committee of the Diocese of San Joaquin

Mount Calvary Church, a small Episcopal parish in Baltimore, voted Oct. 24 to leave the Episcopal community and become an Anglican-use parish within the Roman Catholic Church. The 168-year-old church became the first Episcopal parish in Maryland to vote to sever ties with the Episcopal Church.

Of the 45 eligible voters, 28 were present for the meeting ”“ casting ballots on a resolution to separate from the Episcopal Church and another to become an Anglican-use parish. The first resolution passed with 24 votes in favor, two against and two abstentions. The second resolution also passed, with 24 votes in favor, three against and one abstention.

“I don’t agree with a lot of what is happening in the Episcopal Church with their practices and the way their doctrine is,” said 27-year-old Abigail Davis, a parishioner who voted in favor of both resolutions. Like many other parishioners, Davis was particularly troubled by the Episcopal Church’s ordination of women and what she considers its acceptance of homosexuality.

Read it all.

Mount Calvary Episcopal Church in Baltimore on Sunday became the first congregation in Maryland to vote to break ties with the Episcopal Church and take steps to join the Roman Catholic Church.

The small Anglo Catholic parish at Madison Avenue and Eutaw Street was feeling increasingly alienated from the Episcopal Church as it accepted priests who did not believe in what most of the congregation saw as the foundations of the faith, according to Warren Tanghe, a former Episcopal priest who is now attending St. Mary’s Seminary in Roland Park and preparing for ordination in the Catholic church. Tanghe knows members of the parish, where he has assisted in the past, and said they also were uncomfortable when the church began ordaining women, gays and lesbians.

The Episcopal Diocese of Maryland issued a statement Monday about the vote, but both the bishop and the rector, the Rev. Jason Catania, declined to be interviewed. A spokesman for the Archdiocese of Baltimore, Sean Caine, said the Catholic Church would welcome the congregation.

Read it all.

A fourth lawsuit has been laid at the doorstep of Fort Worth Bishop Jack Iker by the loyalist faction in the diocese, claiming he has violated the trademark of a Fort Worth congregation for his personal enrichment and to deceive the local citizenry.

On Oct 18, the diocese reported that All Saints Episcopal Church, a congregation that had affiliated with the loyalist faction, had filed a lawsuit against Bishop Iker in the US Federal Court for the Northern District of Texas alleging the misappropriation of the parish’s name and reputation for his own personal ends.

Read it all.

The Diocese of South Carolina synod has revised its bylaws in a bid to protect itself from legal predations from the national Episcopal Church. Meeting on Oct 15, at St Paul’s Church in Summerville, South Carolina adopted six resolutions that ended the diocese’s automatic accession to the national church’s canons.

At the close of its March meeting, Bishop Mark Lawrence postponed the 219th annual meeting of the diocesan convention, after US Presiding Bishop Katharine Jefferts Schori engaged an attorney to represent the Episcopal Church in South Carolina. The diocese requested an explanation for what it saw as an unlawful usurpation of authority by the presiding bishop, and postponed the adjournment of its synod pending a response.

The presiding bishop declined to respond, but as it waited the diocesan leadership began a review of the national church canons enacted at the 2009 General Convention covering clergy discipline.

“What we found was shocking,” Canon Kendall Harmon told Anglican TV, as it “violates due process” and natural justice.

Read it all.

St. John’s, the fourth oldest Episcopal Church in the state, was established in 1853. For most of its history, the church thrived….

[Henry] Delamere said St. John’s predicament is a product of several factors, including a split four years ago in the wake of a church-wide split.

In addition, costs of maintaining the facility continue to increase.

“There’s a combination of other factors,” [Jan] Caselli said. “Megachurches are growing in leaps and bounds, and we have an aging congregation that’s not drawing in young families.”

Read it all.

Women have been ordained as priests in all 110 dioceses of the Episcopal Church, after the last holdout, in Quincy, Ill., ordained its first woman on Saturday (Oct. 16).

The Rev. Margaret Lee, a grandmother of five and former chemist, is the first woman ordained a priest in the Peoria-based Diocese of Quincy’s 133-year history, according to Episcopal News Service. She had been a deacon since 1996.

Read it all.

A lot can happen in one year.

For the people of St. Luke’s, 365 days has meant a lot of grieving. It has given the church new focus. And, most importantly, it has allowed for a lot of healing to take place. One year ago on Sunday, St. Luke’s held its first service in a small chapel at Glendale Seventh-day Adventist Church, just across Valejo Drive from Glendale Adventist Medical Center, after losing its facilities in a lengthy lawsuit brought by the Episcopal Diocese of Los Angeles. That Sunday’s service was not unlike any other service I’ve been to at St. Luke’s: While there was music, prayer, fellowship and the usual assortment of families with their kids in tow, everyone knew that an important milestone was taking place.

Today, they are still in that chapel. But one could say that St. Luke’s ”” or by its newly incorporated name, Crescenta Valley Anglican Church ”” is spiritually wiser because of what members have gone through. This past weekend I had an opportunity to sit down with the Rev. Rob Holman, rector of St. Luke’s Anglican Church….

Read it all.

The appellate justices who will decide whether the U.S. Episcopal Church or the breakaway Anglican Diocese of San Joaquin owns the diocese’s church properties on Wednesday appeared uncertain about the court’s authority to rule on the issue.
“We are involved in a very confusing question of power of the church versus power of the court,” said 5th District Court of Appeal Justice Dennis Cornell, who repeatedly compared the schism between the two church groups to the Civil War.
Justice James Ardaiz also acknowledged the case was “confusing.”

Read it all.

“Whether a target’s on my back or not on my back is not my chief concern,” [Bishop Mark Lawrence] said. “I believe we should get on with the mission to which God has called us in the Anglican Communion.”

The bishop said that energy for mission is moving away from institutions, whether the Episcopal Church or the Anglican Communion’s Instruments of Unity, and toward more direct relationships, such as the diocese’s new arrangement to welcome the Rt. Rev. Michael Nazir-Ali, the retired Bishop of Rochester, England, as “visiting bishop in South Carolina for Anglican Communion Development.”

“Out of these relationships, I believe, the solutions will emerge,” Bishop Lawrence said. “We’re living in a world in which inhibitions and depositions can intrude into a vision.”

Lawrence added that he does not see himself as violating his ordination vows to conform to the doctrine and discipline of the church. Instead, he said, bishops who approve unconstitutional canons or who revise church teaching on sexual morality have violated their vows.

“We’re increasingly in a world in which people expect a bishop to swear fealty to every resolution of General Convention, regardless of its theological foundations,” he said.

Read it all.

A key phase begins today in the court battle between the U.S. Episcopal Church and the breakaway Diocese of San Joaquin over who owns the Valley churches’ properties.

After a Fresno County Superior Court judge ruled last year that the national Episcopal Church is the rightful owner of the church buildings and other assets, the diocese appealed. A hearing before the Fifth District Court of Appeal in Fresno is scheduled for 10 a.m. today. The judges are expected to make a ruling in about a month.

Read it all.

Who is the legitimate bishop in the San Joaquin Diocese, and who owns the diocese’s property, including its headquarters in Fresno and parishes from Stockton to Bakersfield?

Those questions are at the heart of the next round in the legal battle between local Episcopalians and Anglicans. The two groups face off today in the 5th District Court of Appeal in Fresno.

The justices will hear oral arguments in the lawsuit, filed by Bishop Jerry Lamb against Bishop John-David Schofield.

Read it all.

With three suits pending in two Texas counties, members of the minority that chose to stay in The Episcopal Church (TEC) two years ago have launched another assault on much the same grounds as the first three. Today All Saints’ Episcopal Church on Crestline Road in Fort Worth has sued Bishop Jack Iker personally, in federal court.

There can no longer be any doubt that this litigation is intended to harrass, intimidate, bankrupt, and divert the Episcopal Diocese of Fort Worth, its Corporation, and its leadership ”“ particularly Bishop Iker ”“ from carrying out the mission of the Church.

Ironically, only this weekend Bishop Iker made several comments in jest to a gathering of clergy and laity of the Church of England in London, saying that he had “not checked the Internet today” to see whether he had been sued again.

In dispute now is the right of the Bishop to recognize a parish in the Diocese as All Saints’ Episcopal Church.

Read it all.

Since 2007, the Episcopal Church’s Diocese of Georgia, and its former congregation at Christ Church have been embroiled in a legal dispute over the ownership of the church property, which includes the church building, an adjacent parking lot and two separate buildings located in the downtown historic district.

The congregation, which dates to 1733, acquired three other properties in the 1900s. County records estimate their combined value at over $2.7 million.

A Chatham County judge has ruled in favor of the Episcopal Church. But, the lawsuit is pending the outcome of Christ Church’s August appeal to the state Supreme Court.

For now, the charities operating on the property believe they’ll be able to continue their mission uninterrupted and free of charge.

Read it all.

Part of the 20/20 vision had been the truth that mission united us and issues divided us. Since 2003, issues have divided us. While some leaders say we are still doing 20/20 mission, most people in the wider church know this initiative was dead on arrival.

As a consequence, we have returned to our long-standing decline. In only a few more years, the very viability of our church’s structure will begin to be called into question ”” the signs are already there. In the years that followed 2003, I have come to the conclusion that the Episcopal Church is headed toward about 1 million members in 2020, an average Sunday attendance around 400,000 and around 6,000 mainly small congregations. The 20/20 initiative was, among all things, a concerted effort to bring revitalization and growth to a long declining mainline church. It failed and we are now faced with an institutional decline that, save a direct intervention and miracle by God, cannot be reversed. There is insufficient leadership, desire, or institutional will to change.

The failure of the 20/20 initiative, combined with the subsequent controversy around human sexuality, has placed our community in a very precarious position. I am not suggesting that we return to the 20/20 initiative, but I do believe that our community urgently needs toaddress our current realities and find leaders who can point us toward a more hopeful future.

–The Very Rev. Kevin Martin in the October 8, 2010, Living Church (p.10).

The Rev. Jason Catania, rector of Mount Calvary since 2006, said the congregation has consulted with the Roman Catholic Archdiocese of Baltimore about the parish’s future and with the Diocese of Maryland about the possibility of amicable separation.

If the congregation affirms the vestry’s two resolutions, the parish will send a proposal to the Diocese of Maryland’s standing committee four days later, Fr. Catania told The Living Church.

“A group from the standing committee has met with the vestry, and Bishop [Eugene] Sutton will be here on Sunday [Oct. 10] to hear from the folks,” he said.

He said Mount Calvary already had begun thinking about becoming a Roman Catholic parish when the All Saints Sisters of the Poor announced their decision to become a Roman Catholic Order.

Read it all.

Two theologically conservative groups have filed documents urging the state Supreme Court to reverse two lower courts’ decisions placing Christ Church in the hands of the Episcopal Church.

The groups argue the property rights of every Georgia church affiliated with a religious denomination could be in jeopardy if the court fails to reverse lower rulings.

“Here, the property rights of numerous PCUSA churches in Georgia will be adversely impacted if the lower court’s misapplication of law and misinterpretation of polity is affirmed,” according to a brief filed Sept. 17 by the Presbyterian Lay Committee, a conservative group working within the Presbyterian Church (USA).

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