“The Diocese of South Carolina has been in the process for some time of discerning what its permanent affiliation should be among the Provinces of the Anglican Communion,” the Rev. Jim Lewis, canon to the ordinary and an attendee of the meeting, told The Christian Post.

“We have reached a place where it seemed the next and most appropriate step was to meet with leaders of the ACNA to share our common interests and questions as this diocese continues the work of discernment.”

Lewis also told CP that while no date has been set for a convention vote on affiliation, the diocese stands on good terms with ACNA and other conservative Anglican groups.

“Our mutual respect and appreciation for each other is considerable, with many in the room having relationships that go back for years,” said Lewis.

“Our conversations were wide ranging and provided much needed clarity for all of us. Those are conversations that will certainly continue in the future.”

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Today, April 29, 2015, the Federal 4th Circuit Court of Appeals in Richmond denied our motion for a rehearing of their decision to return to the District court the case of vonRosenberg vs. Lawrence, which asserted that this was a case of Federal trademark violations. ”¨The case will now go back to the Charleston court for further action. Several things remain true about this action. While the Fourth Circuit said that Judge Houck used the incorrect procedural standard to grant our Motion for Dismissal, it expressed no opinion on the merits of Bishop vonRosenberg’s claims. It was certainly not a ruling in their favor on the merits. It simply means that the court believes the standard used to make his decision to dismiss was the wrong one and should be reconsidered using the appropriate standard. The question is one of procedure and not the merit of the complaint itself. The judge could in fact reach the same conclusion, using the new standard. To that point, the standard called for by the court, exceptional circumstances, is arguably well met by the facts that we now have both a strong trial court ruling in our favor, as well as a date certain for the case to be heard by the South Carolina Supreme Court. All the issues at stake in the Federal complaint will be essentially resolved by that decision. ”¨

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The Episcopal Church (TEC) is a complex and diverse denomination. Only last January I had the pleasure of worshipping at two Episcopal churches in Houston, which was a great experience with some wonderful people. In a broad church like TEC there are people to the theological left and right and everything in between. However, TEC as a whole is typified by a radical liberalism and an authoritative leadership that punishes dissent and persecutes conservative believers (I can provide evidence if you wish!). Bishops in TEC have denied every line in the Apostles’ Creed and there is a flagrant rejoicing in apostasy. I have to tell you that the vast majority of world-wide Anglicans look on TEC with a mixture of confusion and disgust and have broken fellowship with TEC. It is because of TEC that the next Lambeth conference has been indefinitely postponed. The African and Global South Anglican bishops have responded with no shortage of rage and rancor at TEC’s actions and attitudes towards Scripture. Now if the TEC presiding bishop asked you, as something of a celebrity recruit to TEC, to go to Africa and get the African bishops to chillax and to receive TEC back into the Anglican fold, what would you say to them? In other words, should the global south Anglican bishops be in fellowship with TEC?

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The highest-profile seminary in the Episcopal Church is still struggling after turmoil between the dean and faculty members temporarily crippled the school early this academic year.

A letter from 20 students, alumni and former trustees to the Attorney General of New York dated April 20 asks for an investigation of the actions of General Theological Seminary Dean and President Kurt Dunkle and the Board of Trustees. The letter, originally made public on Facebook and reprinted on the blog Episcopal Café, charges that Dunkle and the trustees “may have abandoned their fiduciary responsibilities and taken actions which are likely to result in the closing” of the 198-year-old institution and the sale of its remaining real estate in Manhattan’s Chelsea neighborhood. The letter restates earlier allegations against Dunkle while noting that fallout from the initial turmoil resulted in several students departing midyear, while the board “provisionally” reinstated the faculty only for the rest of the academic year, while canceling their academic tenure.

“No new hires have been announced and several top librarians have left,” the letter reads, claiming that “only one entering student has paid a deposit for admission next fall” and that the seminary’s accreditation by the Association of Theological Schools is under review.

Read it all and follow all the links therein.

Carmen Fowler LaBerge, president of the national Presbyterian Lay Committee, said that in the same way the Episcopal Church and the United Church of Christ became inhospitable environments for evangelicals to serve, the Presbyterian Church is becoming much the same way.

“We are seeing the environment within the PCUSA change following the affirmation of this particular vote,” she says. “That environment is changing pretty rapidly. Presbyteries are becoming inhospitable to pastors who hold traditional views not only on this issue but on underlining issues related to the biblical authority of Jesus as the only way to salvation.”

While sexuality might be the presenting issue in this case, LaBerge argues that the real division is rooted in a theological cleansing – fueled by a growing intolerance toward traditional, biblical views.

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Finally, TEC press releases have included, with some frequency, statements by legal counsel for TECSC claiming its willingness to discuss “settlement options”. This is disingenuous nonsense. We should remember the following at a minimum:

”¢ We were in the middle of what we hoped could be “settlement” discussions when TEC attempted to remove Bp. Lawrence in 2012.

”¢ In the 90+ instances of litigation that TEC has instigated around the country, none has concluded with a settlement — just the opposite. When parishes in the Diocese of Virginia wishing to leave TEC actually reached an agreement with their bishop, that deal was scuttled by the Presiding Bishop’s Chancellor, who announced there was “a new sheriff in town”. Offers of settlement in other places have been likewise rejected. And even when the case has been definitively settled by the local courts, as in Illinois, TEC has refused to cease litigation, to the point of sanctions being imposed by the courts there.

”¢ The fact is that TEC’s legal counsel was told as far back as 2013 that the Diocese would consider any proposals submitted to our counsel in writing. There have been none.

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Late yesterday the South Carolina Supreme Court issued a brief order transferring to itself the jurisdiction over the appeal filed by ECUSA and its rump group (ECSC) from the February 3, 2015 judgment and order against them entered by Circuit Court Judge Diane Goodstein. ECUSA and ECSC had themselves requested the transfer of the case in order to expedite a final decision in the case by the State’s highest court, without having to wait for any intermediate decision from the Court of Appeals.

The Court’s order declined further to expedite the case’s briefing schedule, set oral argument in the case for September 23, 2015, and then added: “No further extensions of time will be granted.” In view of the great number of parties to the case (Bishop Lawrence’s Episcopal Diocese and thirty-six of its member parishes are all respondents in the appeal, represented each by their own attorneys), the Court’s order relaxes some of the filing and service requirements, and urges the attorneys to compress the multi-volume record on appeal to just the documents necessary for meaningful review of the decision below.

This order will enable a written, final decision in the case to be rendered before the end of the current calendar year, and should be welcome news to those on both sides who want to put this litigation behind them, and get on with the real work of the Church.

Read it all and do follow the links.

[Yesterday]… April 15, 2015, the South Carolina Supreme Court agreed to take the appeal of Judge Goodstein’s February 3rd ruling in favor of the Diocese of South Carolina and its parishes. We are grateful that the South Carolina Supreme Court acted so promptly to take jurisdiction of this case, just as it did when requested during the attempted procedural delays prior to the trial. The more quickly the case is resolved, the more beneficial it will be for all parties, allowing us to get about the work of ministry without the incessant distraction of courtroom proceedings.

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…there are now two very good reasons why ECUSA and its rump group should have no cause to celebrate their opportunity to go before Judge Houck once more with their claims of “infringement.” The first is that the injunction against Bishop vonRosenberg remains in effect pending their appeal (which they have asked the South Carolina Supreme Court to hear directly, thus bypassing the Court of Appeals if the Supreme Court grants their request). If he is prevented from claiming to be the Episcopal Bishop of the Diocese of South Carolina, how can he say he owns the trademarks which have been adjudicated to belong to Bishop Lawrence and his Diocese?

Second, if the Episcopal Diocese of South Carolina had the right to withdraw from ECUSA, as now finally adjudged in the Illinois courts, then it has the right to keep its marks and trade names — and ECUSA (and by extension ECSC, since the latter claims to be one of ECUSA’s dioceses) are both now barred from arguing to the contrary.

Judge Houck thought he was doing Bishop vonRosenberg a favor by declining to accept jurisdiction of his suit. Now that he is required to revisit that decision, however, he might just proceed (in due course, after appropriate motions and briefing) to the merits, and add his own adverse decision to the ones in the State courts of Illinois, Texas and South Carolina. ECUSA has asked for a decision, and now it will get one (but not for several more months).

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But now add in the EMM figures (bottom of the third page):

(D) 2014 EMM reimbursements received were $ 13,322,419; while

(E) 2014 EMM expenditures amounted to $ 16,811,183; for a net

(F) Annual EMM operating deficit of $ 3,488,763, which more than wipes out (C) above, and leaves

(G) A net operating loss for 2014 of $ 1,092,161 !!

In other words, the Episcopal Church is in the hole to the tune of over a million dollars for calendar 2014.

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The Episcopal Church and its allies in South Carolina have filed an appeal with the state’s highest court in its legal battle over a breakaway diocese’s $500 million property.

After being denied a motion to rehear by a lower court, The Episcopal Church in South Carolina announced Tuesday that they are filing an appeal against the Diocese of South Carolina….

“Their policy of using legal action to drain the finances of dissident congregations is not working,” stated [Canon] Lewis.

“It only deflects denomination resources from projects to promote the faith and speeds the downward spiral of The Episcopal Church.”

Read it all from the Christian Post.

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Sometimes a news story drags on bit by bit, piece by piece, over the years and becomes so tedious that reporters miss the dramatic cumulative impact. It also doesn’t help that long, slow-developing, nuanced religion stories have been known to turn secular editors into pillars of salt.

So it seems with the lawsuits against conservative congregations and regional dioceses that have been quitting the Episcopal Church, mostly to join the Anglican Church in North America, especially since consecration of the first openly partnered gay bishop in 2003.

The Religion Guy confesses he totally missed the eye-popping claim last year that the denomination has spent more than $40 million on lawsuits to win ownership of the dropouts’ buildings, properties, and liquid assets. If that’s anywhere near accurate it surely sets the all-time record for American schisms. And that doesn’t even count the millions come-outers have spent on lawyers.

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It’s been one year since Church of the Holy Trinity in Ridgeland made the decision to disassociate from the national Episcopal Church and remain in the Episcopal Diocese of South Carolina.

It’s been one year since some lifelong members of the church parted ways, joining other houses of worship and breaking ties with family and friends.

Though the Diocese of South Carolina has commonly been referred to as a “breakaway church,” Holy Trinity’s Rev. James Gibson said, this portrayal is simply inaccurate.

“Our contention is that we have kept the faith, we have stayed within the historic faith of the church and that our diocese, in the decision it has made to disaffiliate with the national church, is not ”˜leaving’ the church,” Gibson said. “We have not broken away, we have branched out and sought a greater unity with the worldwide church.”

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I still remember a letter I received as a young rector. The letter concluded with, “Always remember, Fr. Mark, the Church primarily exists to serve the needs of its long-time members.” Even in the relatively more churched-culture of the late 1980s it struck me as shocking statement. Former Archbishop of Canterbury, William Temple, wrote in the 1930s that the Church is the only institution in the world that exists to serve the needs of those who are not yet its members. But there is something more foundational than the recent debates about Missional vs Attractional. The Church by its very nature is missional. It is not that the Church one day decided to have a resolution, brought it forward and voted to be missional. It was the Risen Jesus Christ, whose mission we continue, who commands us””“As the Father has sent me so I am sending you.” The only thing left to ask is to whom, and where, and how He would have us go!
Missionalisation on a diocesan level also means to intentionally create a culture within the diocese that cultivates a missional approach to ministry and life. Cultures, as it has been observed, cultivate. To initiate outward thrust in congregational life and witness; to celebrate that which goes out in creative ways to where people gather rather than hunker down in Christian circles; to interact with the unchurch, unreached, uninterested is the challenge we face in today. It is to recognize that Jesus often crossed boundaries in his ministry and once he crossed boundaries he made contact, cultivated curiosity and then touched the place of need in the other person’s life which they hardly knew they had or could even whisper to others. It is, among other things, to take pre-evangelism, as well as evangelism, seriously. What is pre-evangelism? It is conveyed well by what an agnostic said upon the death of Pope John XXIII: “Pope John has made my unbelief uncomfortable.” Missionalization is to have such an aroma of Christ that when we go into the world meeting others we graciously make the agnostic and religiously unaffiliated uncomfortable in their unbelief.

Missionalisation also means for us to practice Big Picture thinking. As your bishop I have been mindful of the need to look at the big picture within the emerging Anglican world. Through the 2008 Lambeth Conference; the Global South gatherings in Singapore or elsewhere; the various GAFCON conferences; and from bishops or primates who have come to us from abroad to sojourn a few days or weeks in the Diocese of South Carolina the challenges and opportunities have been kept before me. Certainly the Anglican Communion Development Committee (ACD) has been a diocesan committee which has strategically looked at the larger world seeking to address what we could do to help shape the Anglican scene in the 21st Century. I am heartened that some of our larger parishes, such as St. Helena’s, Beaufort and St. Michael’s Charleston (which has a vital missional thrust through its Global Impact Celebration) are now seeking input from the ACD Committee as they rethink their missional relationships around the world.

Nevertheless I am often troubled by a recurring personal concern regarding the Big Picture….

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Bishop Iker’s latest request was thus simply an attempt to go back to ground zero, before Mr. Hill started drawing the battle lines, and to take the real pulse of the entire All Saints congregation in order to arrive at an amicable, Paulian-motivated settlement of the dispute. The rump faction at All Saints once again has spurned any such resolution — acting, no doubt, in unity with ECUSA and its attorneys.

And so we see that little has changed, despite Bishop Iker’s success in the underlying lawsuit. The attorneys have agreed on some procedures to expedite the resolution or trial, if necessary, of the All Saints case, and there remain still other matters which the parties can address by means of further partial summary judgment motions. No one seems to think that there are any material disputed facts.

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In a letter dated March 9, attorneys for The Episcopal Church and the TEC-affiliated All Saints’ Episcopal Church in Fort Worth rejected the Diocese’s offer to resolve the property dispute between the parish and Diocese through the Canon 32 process.

Read it all and follow the link.

At the time of her 2008 visit to Albuquerque, Episcopal Church Presiding Bishop Katharine Jefferts Schori

headed a congregation torn, both in New Mexico and nationally, over the role of gays and lesbians in the church.

The Episcopal Diocese of the Rio Grande was preparing to select a new bishop to replace former Bishop Jeffrey N. Steenson, who resigned in 2007 to join the Roman Catholic Church over the issue.

Several New Mexico congregations had split from the diocese and others were discussing similar moves….

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Judge Chupp’s ruling is thus significant for a number of reasons:

1. For all practical purposes, it ended the case — in favor of Bishop Iker and his co-defendants. There are still some claims for damages and trademark infringement, etc., reserved for another day.

2. It agreed with the Texas Supreme Court that “neutral principles of law” were to be used to decide the issues in the case, and that their application was not retroactive, since Texas courts had been applying neutral principles to church property disputes for a number of years already.

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This reference makes it sound as if the tradition of properties being controlled by the local diocese is a brand new concept, created by Iker and company in the very recent past. Did those ordinances “declare” this fact or affirm older traditions? Stop and think about it: Why was there such a bitter battle in Denver back in 1979 when the national church took the unusual step of creating and passing the Dennis Canon?

As always, I am not saying that journalists need to agree with Iker, or with High for that matter. The key is to understand the arguments being made by experts on both sides.

The bottom line: When dealing with Anglican controversies, it always helps to include specific dates in the timeline, while also remembering that these battles are being fought at the local, regional, national and global levels.

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For the second time in as many months, a state court has sided with a group of breakaway Episcopalians, ruling that they can keep their property after leaving the national church in 2008 over sharp differences on homosexuality and the authority of Scripture.

Judge John P. Chupp of the 141st District Court in Tarrant County, Texas, ruled Monday (March 2) that more than 60 parishes in greater Fort Worth can retain their property and remain independent of the Episcopal Church.

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By my count, 40 of the 91 cases listed resulted in legal victories at the trial or appellate level for ECUSA; just two parish cases (All Saints and the Good Shepherd San Angelo case in Texas) went the other way, but three of the five cases involving Dioceses resulted in rulings against ECUSA. A fourth diocese case (San Joaquin) is on appeal; the fifth one (Pittsburgh) gave a victory to ECUSA on the basis of a very strained reading of the effect of a stipulation between the parties.

It is a legitimate query to ask why the results of the parish cases are so lopsided in favor of ECUSA, while the results of the diocese cases go just the other way.
For the parishes, most of the decisions turned upon explicit language in their own bylaws that made them “perpetually” subject to their Diocese and ECUSA. No such language exists in any of the Dioceses’ governing documents, however. For the cases involving them, the explanation lies in the well-established freedom of association, which is a fundamental right enshrined in the First and Fourteenth Amendments to the United States Constitution. It holds that just as no one can be prevented by the government from joining a group, so also the group may not go to court to prevent a member from leaving it. “Freedom of association therefore plainly presupposes a freedom not to associate,” as the Supreme Court put it in Roberts v. U.S. Jaycees, 468 U.S. 609, 623, 104 S. Ct. 3244, 3252, 82 L. Ed. 2d 462 (1984).

The liberals in ECUSA have a very difficult time trying to understand why their Church should be subject to such a doctrine. For them, the union between a Diocese and General Convention is an ecclesiastical one, and as such, they claim, civil courts should be precluded (by that same First Amendment!) from examining or questioning it in any way.

A moment’s reflection will expose the flaws in that argument (not that ecclesiastical liberals ever pay any attention to logic or reason). ECUSA is, ecclesiastically speaking, a denomination — but that says nothing about what it is in the eyes of the law. In order to sue or be sued in a civil court, for instance, ECUSA has to be a juridical person, not just an ecclesiastical one.

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On Monday, March 2, 2015, the 141st District Court granted our Motion for Partial Summary Judgment regarding all diocesan property, with the exception of All Saints’, Fort Worth, which Judge Chupp severed for a separate trial.

Nearly six years after we were first sued by The Episcopal Church and its local representatives, the court has confirmed the Diocese’s right to dissociate from TEC and for the Corporation to retain its property.

“We are grateful for the ruling in our favor,” said Bishop Iker. “It’s clear that both church laws and Texas laws have been rightly applied to this dispute.”

In granting our motion, the Hon. John Chupp has ruled that Bishop Iker and the duly-elected officials of the Diocese and Corporation control the Episcopal Diocese of Fort Worth, its Corporation, all endowments and funds, and all property that has been disputed in this litigation. The ruling is binding on all parties.

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After a bitter, seven-year legal dispute, state District Judge John Chupp ruled Monday that the Episcopalians led by Bishop Jack Iker who broke away from the national Episcopal Church are entitled to an estimated $100 million in property in the 24-county Episcopal Diocese of Fort Worth.

Fort Worth-area Episcopalians who remained loyal to the national Episcopal Church and reorganized the diocese under Bishop Rayford High have the right to appeal the decision.

“We are grateful for the ruling in our favor. It is clear that both church laws and Texas laws have been rightly applied in this dispute,” Iker said.

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Take a look.

Found here (right hand side at the top under the “News”).

Update–email from the Diocese:

Court rules for Fort Worth Diocese and Corporation…Late this afternoon, Judge Chupp released his ruling in our case. We praise God for His faithfulness. Bishop Iker will have a full statement tomorrow.

Partial Summary granted with exception on claims to do with All Saints Episcopal Fort Worth.

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