Frank Kirkpatrick, professor of religion at Trinity College, wrote in a survey article in 2008 that “there were, as of December [2007], 55 [Episcopal Church] property disputes in one state or another of resolution around the country.” (You may find a listing of those lawsuits in this post from August 2008, and see also the latest report from the American Anglican Council.) Of those fifty-five lawsuits, I estimate that ECUSA itself was a party to about half of them. Thus from the five lawsuits to which it was a party as Bishop Griswold ended his term in November 2006 (the Pawley’s Island case in South Carolina, the three Los Angeles lawsuits, and a case involving St. James Church in Elmhurst, in the Diocese of Long Island), the number increased by five times in the first full year of Presiding Bishop Katharine Jefferts Schori’s term.

Under Bishop Jefferts Schori, ECUSA did not just passively stand by as the property disputes emerged, and allow the diocese involved to carry the laboring oar. It aggressively prosecuted the cases in both California and Virginia, joined in filings in Connecticut, Georgia and New York (where it intervened as the DFMS against St. Andrew’s, in Syracuse, and filed an amicus brief in this case in New York’s highest court), became enmeshed in additional litigation in San Diego and Colorado, and threatened litigation against the dioceses of San Joaquin, Fort Worth and Quincy if they dared to withdraw from the Church. (The latter two threats were issued by the Presiding Bishop’s Chancellor on his own initiative, as discussed in this earlier post.)

There are no records in the minutes of the Executive Council during this period to show that it was ever consulted before any of these multiple filings in the name of the Church took place; as quoted in the previous post, the Presiding Bishop held the view that only she personally, and neither the Council, nor even General Convention, had any authority over litigation. Thus she simply gave her Chancellor free rein — and ECUSA’s legal bills began to mount exponentially.

Read it all (and please note it is part of a series all parts of which need to be perused).

It appears after a brief introductory letter. Please read it all.

The bishop of the Episcopal Diocese of Upper South Carolina cleared the way Wednesday for Trinity Episcopal Cathedral to dissolve its 11-year relationship with the Very Rev. Philip C. Linder, the dean who was suspended in July.

Bishop W. Andrew Waldo lifted the original suspension ”” for violating a pastoral directive not to speak to members about a growing leadership conflict ”” and indicated he would not file formal disciplinary charges against Linder.

But Waldo insisted Linder remain “constrained” from ministry at the city’s oldest and most prominent Episcopal congregation. The Rev. Charles M. Davis Jr. remains acting dean.

Read it all.

The Episcopal Diocese of San Joaquin has filed its ninth and final lawsuit against self-incorporated parishes that turned their backs on the national church in 2007.

This one, filed Monday, is against St. John the Evangelist church in Stockton, which is insured for $7.5 million.

St. John was one of about 40 parishes in the San Joaquin Diocese that left the Episcopal Church over issues of scriptural interpretation, such as whether Jesus is the only way to God, and whether gays should be ordained as priests and bishops.

Read it all.

The 160-year-old Church of St. John the Evangelist in downtown Stockton is at the center of a lawsuit filed Tuesday in San Joaquin County Superior Court, the latest among several similar legal disputes over parishes that voted in recent years to leave the Episcopal Church USA.

To the Episcopal Diocese of San Joaquin, the lawsuit represents an effort to reclaim assets that were wrongly taken when nearly 50 congregations voted in 2007 to secede, largely in protest over the ordination of women and gays.

But members and leaders of St. John’s – which now is aligned with the more conservative Anglican Church in North America – call the lawsuit a malicious attempt to decimate a congregation and to steal what never belonged to the Episcopal Church in the first place.

Read it all.

The Episcopal Diocese of San Joaquin has filed a lawsuit against the former members of St. John the Evangelist, Stockton. It’s the ninth such lawsuit the diocese has filed against its former congregations that split from the national church to align with a more conservative Anglican order.

Read it all.

(Via email–KSH).

An Open Letter to the People of the Episcopal Church, the People of the Diocese of Pennsylvania, Bishop Charles E. Bennison, and the Congregation of the Church of the Good Samaritan

August 30, 2010

Dear Sisters and Brothers in Christ,

With sadness and concern we learned of Bishop Bennison’s decision to return as Bishop of the Diocese of Pennsylvania. We mourn with any young or vulnerable person; we mourn the fear and anxiety in our own diocese; we mourn damage to the proclamation of the good news; we mourn for those whose faith is shaken and for those who may not arrive at faith. We mourn that his actions, past and current, and decisions in this case bring scandal to the Church and hinder the proclamation of the good news of Christ crucified and resurrected.

Within the examination of all who are to be ordained to the priesthood, the ordinand vows to “do your best to pattern your life (and that of your family, or household, or community) in accordance with the teachings of Christ, so that you may be a wholesome example to your people.” (Book of Common Prayer 532) As bishop, each is required to vow to “defend those who have no helper” (BCP 518) and to be a guardian (BCP 519, 521) to all in a diocese. Among other qualifications, the bishop must be above reproach (I Tim 3:2-7, Titus 1:6-9). Our Lord warned against scandalizing the young (Mt 18:6, Lk 17:2, Mk 9:42-50). The Apostle Paul likewise speaks on the dangers of sexual sin and forbids sheltering any who scandalize the church with such action (1Cor. 5:1-13). Christ’s call is for us to turn away from sin: “”¦ the kingdom of God is near; repent and believe in the good news” (Mk 1:15, Mt 4:17). Holy Scripture proclaims the gravity of the office.

Many have asked Bishop Bennison to step down for the good of the diocese, the wider church and for himself. We join their request and call him to repent of the harm done to individuals and to the witness of the church. A public sign of this repentance would be resignation.

Further, we call ourselves to repent and proclaim the good news of salvation in Jesus Christ. We urge all members of the congregation of the Church of the Good Samaritan, the diocese, and the Episcopal Church to join us in repentance for our individual sins and for any negligence inside the Church in protecting the vulnerable, scandalizing the young, damaging the witness of the church, and neglecting to proclaim the good news of Christ’s atoning work.
We will celebrate a service for prayer for the state of the church at the Church of the Good Samaritan on Wednesday, September 8, 2010 at 7 p.m. All are welcome, and if you are not joining us in person, we invite you to join us in prayer at that time.

In faithfulness and prayer,

Vestry, Church of the Good Samaritan

Bob Anewalt, Tom Connett, Rich Englander, Charlene Fitzwater, Joanne Gillespie, Chuck Gregan, Andrew
Krider, Peter Niedland, Steve Ross, John Searle, Brenda Shantz, R.J. Snell, Mark Stockwell, Ronnie Tousignant

The Episcopal Diocese of Fort Worth was formed in 1982 by an organizing convention of clergy and lay delegates. The diocese then voted to affiliate with the General Convention of the Episcopal Church. General Convention does not establish dioceses; rather, dioceses join the General Convention voluntarily.

Diocesan conventions in 2007 and 2008 voted by 80 percent to withdraw from the General Convention. As an unincorporated association, the diocese simply exercised its right to withdraw. Nothing in the constitution or canons of TEC says a diocese may not leave. The litigation against us is an attempt to deny this legal right.

Read it all.

(Please note that the letter to which Ms Gill is responding may be found here [starts at the bottom of the page and continues on the following page at the top]).

Read it all.

The Episcopal Diocese of San Joaquin is suing the members of St. Paul’s, Bakersfield. The lawsuit is the latest in a series of suits stemming from the original diocese splitting from the national Episcopal Church and aligning itself with a more conservative Anglican order.

The congregations being sued occupy what the Episcopal Diocese contends is church property that it owns. The Anglicans dispute that argument. There was no immediate comment from the Bakersfield church about the lawsuit.

Similar cases are pending against the former members of St. Francis, Turlock; St. Michael’s, Ridgecrest; St. John’s, Porterville; St. James, Sonora; Redeemer & Hope, Delano; St. Columba, Fresno and St. Paul’s, Visalia.

Read it all.

We see in this set of facts, as early as 2004, a recurring pattern. While professing to honor diversity — and indeed, to seek “unity in diversity” — the groups allied with Via Media have always taken root only in those dioceses led by orthodox clergy who stoutly resisted the ordination to the episcopacy of individuals in a noncelibate relationship outside of Holy Matrimony as defined (and still defined) by the Book of Common Prayer. For thus upholding the rubrics of the BCP, they have been accused of fomenting schism within ECUSA, sued, deposed and hounded from the Church.

Read it all.

Browning is now retired, but his name recently surfaced in an unrelated case. It is alleged that he did not inform secular authorities when he learned in 1993 of allegations against Donald Davis, the former bishop of the Northwestern Pennsylvania diocese. Davis, who died in 2007, was accused of abusing several minor girls in the late 1970s and early ’80s.

By the time Charles Bennison was a bishop candidate in the Diocese of Pennsylvania in 1996, a lot of people wielding power in the Episcopal Church knew of the serious allegations against him and his brother – and they chose to keep quiet. This information could have been decisive in the selection of a diocesan leader.

Allegations of such collusion have, with good reason, long roiled dioceses in the Roman Catholic Church, fueling accusations that church leaders are more interested in protecting their own interests, and those of their colleagues, than in truly protecting victims and prosecuting abusers.

Regrettably, this appears to also have been the case with a number of spiritual leaders in the Episcopal Church, men and women charged with shepherding the weakest and most vulnerable members of the flock.

Read it all.

We were shaken, but not undone, by the reversal of the verdict of the Trial Court by the Court of Review for the Trial of a Bishop. We have had, after all, disappointing experiences with bishops, spanning three decades, and we have been routinely discouraged with their responses. We are particularly concerned that Bishop Charles E. Bennison stated publicly at trial that he still believes that he acted appropriately in this matter and would take the same approach again if called to do so. He has learned nothing.

The light of truth shone in the verdict of the Trial Court. They had the courage to listen to our testimonies with open hearts. Always with spiritual presence, they acted with utmost integrity and diligence. How brave they were. Their landmark ruling gave us hope that the Episcopal Church could be a guiding beacon to all people everywhere who are affected in some way by clergy sexual abuse and the complicit behaviors of those bishops who again and again choose to protect their own, instead of protecting their flock.

Read it all.

Maggie Thompson, the ex-wife of John Bennison, was instrumental in sharing information that resulted in the presentment. She underwent grueling hours of testimony at the original trial, and was present along with other persons mentioned in the trial briefs at the hearing held in May by the Court of Review.

The Court of Review, while acknowledging that Charles Bennison was guilty of Conduct Unbecoming a Member of the Clergy, overturned the conviction because the statute of limitations had expired.

The victims of the Brothers Bennison were victimized once. Now they’ve been victimized yet again by the judgment of the Court of Review. Fortunately, John Bennison is no longer a priest. Unfortunately, Charles Bennison is free to once again resume the reigns of the Diocese of Pennsylvania.

Read it all.

A controversial ruling to reinstate a Pennsylvanian bishop includes a tie to Saginaw.

Bishop Todd Ousley of the Episcopal Diocese of Eastern Michigan, which includes land east of Interstate 75 from Genesse to Alpena counties, was a member of the church’s court of review that, earlier this month, reversed a 2008 decision by a lower court that removed Pennsylvania Bishop Charles Bennison as bishop.

Bennison’s brother, John Bennison, was youth pastor of the church where Charles Bennison was a priest in the 1970s in California. John Bennison, who later became a priest, is accused of sexually abusing a 14-year-old girl in the parish. John Bennison was forced to renounce his priesthood in 2006 when accusations became public. His brother was removed as bishop of the Episcopal Diocese of Pennsylvania in 2008 for his inaction in the 1970s.

Read it all.

The embattled Episcopal bishop of Philadelphia said he erred in not investigating his brother’s sexual abuse of an underage girl 35 years ago, but brushed aside calls for his resignation, saying it is more “interesting” for him to remain in office.

Bishop Charles Bennison was removed from ministry in 2007, when he was charged with “conduct unbecoming of a member of the clergy.” A church court found him guilty in 2008. But Bennison returned to his Philadelphia office on Monday (Aug. 16) after a church appeals court ruled last month the 10-year statute of limitations on the charge had expired.

Even so, prominent Philadelphia Episcopalians — including the diocese’s elected standing committee — said Bennison should resign.

Read it all.

Episcopal Diocese of Pennsylvania Bishop Charles Bennison said Aug. 17 that since he returned to the diocesan offices the day before he has “concentrated on listening.”

“I have learned a great deal, and my listening has been very productive,” Bennison said in a statement emailed to Episcopal News Service by Ceisler Media and Issue Advocacy, a Philadelphia media relations firm.

The bishop said that he met with diocesan Assisting Bishop Rodney Michel and asked him to remain in his position “indefinitely.”

Read it all.

Although Episcopal leaders in the Philadelphia region are urging him to resign, long-suspended Bishop Charles E. Bennison Jr. told them Tuesday that he intended to stay at the helm of the five-county Diocese of Pennsylvania.

At a meeting at Episcopal Church House in Society Hill, “he made it clear to us he would resume his responsibilities,” said the Rev. Glenn Matis, president of the standing committee that has run the 55,000-member diocese during Bennison’s nearly three-year absence.

It was the 66-year-old bishop’s second day at work since the Episcopal Church charged him in October 2007 with mishandling and concealing his brother’s sexual abuse of a minor three decades earlier.

Read it all.

Read it all.

Read it carefully and read it all.

Although he could not exercise Ecclesiastical Authority or exercise any of the gifts of ordination of a Priest or a Bishop during the period of his inhibition, he remained at all times the Bishop of the Diocese of Pennsylvania throughout the process. With the entry of the Final Judgment, Bishop Bennison’s Ecclesiastical Authority in the Diocese of Pennsylvania was automatically restored.

Bishop Bennison will be returning to Church House on Monday, August 16, 2010. The Secretary of the Standing Committee, Ms. Arlene McGurk and Father Glenn M. Matis, President of the Standing Committee will meet with Bishop Bennison on Tuesday afternoon, August 17, 2010 at Church House. Bishop Rodney Michel, who has been serving as Assisting Bishop for the past two years in Bishop Bennison’s absence, has been asked by Bishop Bennison to remain for a period in order to effectuate an orderly restoration of Bishop Bennison’s assumption of authority.

We in the Diocese of Pennsylvania owe a great debt of gratitude to Bishops Rodney Michel, Allen Bartlett, and Edward Lee and Chancellor Michael Rehill for their willingness to assist the Standing Committee during the period of Bishop Bennison’s inhibition.

Read it all.

There are technically two Christ Church congregations in Savannah. They have dueling Internet websites — and an ongoing legal contest.

The conservative members are meeting in the historic building — which is associated with figures from Georgia history including John Wesley, George Whitefield, Juliette Gordon Low and Johnny Mercer. The website of the other group states: ” Christ Church Episcopal is currently meeting at St. Michael and All Angels located on the corner of Washington and Waters Avenues in Savannah.”

The congregation dates to 1733, and the current meetinghouse — a majestic Greek temple — was built in 1840.

The group meeting there has asked the Georgia Supreme Court to review a recent ruling of the Court of Appeals upholding Judge Michael Karpf’s October 2009 decision that Christ Church holds its property in trust for the Diocese of Georgia and The Episcopal Church.

Read it all.

In a recent webcast, [Presiding Bishop Katharine] Jefferts Schori was asked if she was trying to shore up support from other provinces before the meeting. “That was certainly not the intent,” she answered. “It may have been a byproduct.”

“We have partners all across the Anglican Communion,” Jefferts Schori continued. “These visits had been set up some time ago, well before the timing of the Standing Committee meeting was known, basically as a way of building relationships between our respective provinces.”

Read it all.

The summer months have seen no break in the Episcopal Church’s legal wars, with new lawsuits, appeals and victories for both sides in the litigation over parish and diocesan property.

On July 6, the Episcopal Diocese of San Joaquin filed suit against the rector, vestry and parish of St Paul’s Anglican Church in Visalia, California. A congregation of the Anglican Diocese of San Joaquin, St. Paul’s along with a majority of the diocese withdrew from the Episcopal Church in 2007 and affiliated with the Province of the Southern Cone.

The St Paul’s litigation joins a growing list of parish lawsuits funded by the national Episcopal Church and initiated by loyalist faction in San Joaquin. Suits against lay leaders and parish corporations are pending against St Francis Anglican Church in Turlock; St Michael’s Anglican Church in Ridgecrest; St John’s Anglican Church in Porterville, James Anglican Church in Sonora; Holy Redeemer Anglican Church in Delano; and St Columba’s Anglican Church in Fresno.

Read it all.

Now that the Court of Review for the Trial of a Bishop has overturned your sentence of deposition, and you may continue to be a Bishop in the Episcopal Church, you have the right to return as Bishop of Pennsylvania. But is it right to do so?

I urge you to give this question the deepest consideration with your best advisers before making your final decision on returning August 16.

Let me tell you my advice, so you know.

To be Bishop is to unify the Church, but your return would further divide our diocese. To be Bishop is to build up the Church, but your return would tear down the fragile foundations of trust and hope that have been built these past two years. My strong belief is that your return will do more harm than good, create more anger and less reconciliation, and hinder, not advance, the Church’s mission in our diocese. These realities may be unfair and unjust, but I believe them to be true.

Read it all.

Advocates for victims of clergy sex abuse have blasted the Episcopal Church for reinstating the bishop of Philadelphia who had been charged with not investigating sex abuse allegations about his brother.

A church appeals court ruled July 28 that Bishop Charles Bennison committed conduct inappropriate for a member of the clergy, but said charges against him had to be dismissed because the statute of limitations had run out.

Read it all.

Members of a sex-abuse victim support group picketed the headquarters of the Episcopal Diocese of Pennsylvania Tuesday to protest the reinstatement of Bishop Charles E. Bennison Jr., who had been suspended nearly three years for concealing his brother’s sexual abuse of a minor.

“It’s heartbreaking that he has been returned on a technicality,” said Karen Polisir, president of the Philadelphia area chapter of the Survivors’ Network of Those Abused by Priests (SNAP). She was joined by two SNAP members from Lancaster County who were abused as youths by Roman Catholic priests.

In 2008, a church trial court ordered Bennison defrocked and removed as head of the five-county diocese for mishandling abuse by his brother about 35 years ago. However, an appeals court ruled last month that the church’s statute of limitations had expired on the matter, and ordered Bennison restored to his position.

Read it all.

…one can know this: the charges to ECUSA for getting its counsel specially admitted, and then drafting, filing and arguing this bogus motion were on the order of thousands and thousands of dollars. If the three ECUSA counsel were on the telephone together, the “argument” alone was costing ECUSA at least over $1000 per hour. (And what would be the point of being admitted pro hac vice just in time to file the motion to quash, if one were not also going to take part in the argument of the motion?)

The point here is not that New York and Pennsylvania attorneys are expensive; we all know that. The point instead is that no one is minding the store, or overseeing what legal work is being done for ECUSA and in its name, on an impartial basis. (Mary Kostel used to work under David Booth Beers at Goodwin Procter — so how much objective oversight on legal strategies and expenses could she provide? If she is even performing some of that function, she would be overseeing someone who used to be her boss — and who still, as the Presiding Bishop’s Chancellor, has quite a lot of unchecked authority.)

In their response to the query made by the bishops to the Executive Council, two members of that Council (who are both attorneys) claimed that “We give you our professional opinion that the church is receiving extraordinary value for the funds it does spend.” That claim is very much open to dispute, as this little incident in Pittsburgh demonstrates.

Read it all.

Read it all (a 39 page pdf).

“The sexual abuse exception to the statute of limitations, if improperly applied, can wrongfully label a Respondent a sexual abuser,” eight bishops of the court wrote in their unanimous ruling. A ninth member of the court, the Rt. Rev. Wayne P. Wright, Bishop of Delaware, recused himself for personal reasons.

“Title IV courts must guard against allowing that exception to be used without proof of actual sexual abuse,” the ruling added. “This is especially true under circumstances where the exception is invoked not so much to deal with sexual abuse but, rather, as an effort to use events in the distant past when the Respondent was a priest to remove a bishop during current times of strife within the diocese. To allow Title IV and the sexual abuse exception to the statute of limitations to be used in this manner diminishes the monumental efforts of the Church to address, punish and remove incidents of actual clergy sexual abuse.”

Pabarue said in a conference call Thursday that he was disappointed the review court considered his client guilty of conduct unbecoming a member of the clergy, but he was thankful for its ultimate decision.

Bishop Bennison joined his attorney in discussing the case.

“I’m very gratified by the decision of the court. I’ve always believed that the charges were without merit,” he said.

Read it all.