As leaders in South Carolina’s religious community, we prize its long and rich history of religious freedom. The ability to gather freely and worship with those of common faith is what brought many of our ancestors to this land. The freedom to do so is a presumption on which all our ministries rest today. Whether we are colonial Anglican parishes, Huguenots, Baptists, non-denominational or any other religious tradition, we share this in common. It is what has made the rich tapestry of religious diversity in South Carolina possible. But we perceive that freedom is now in jeopardy.

The narrowly divided decision on August 2nd by the South Carolina Supreme Court would transfer nearly $500 million in church property from the congregations of the Diocese of South Carolina who created it for their ministry, to an unincorporated New York association who contributed nothing to its development. We believe this decision undermines multiple Constitutional protections we are compelled to speak out to defend.

The 1st Amendment of the U.S. Constitution guarantees to all people the “free exercise of religion.” That amendment also asserts that the government, including its courts, “shall make no establishment of religion.” This means that it cannot favor one religious group over another nor elevate non-religious over religious bodies by its treatment.

Read it all.

How a #southcarolina Supreme Court decision threatens #religiousfreedom https://t.co/6UzFTGYcQG #Episcopalchurch #law #ethics #1stamendment

— Kendall Harmon (@KendallHarmon6) September 16, 2017

The court’s ruling violates these constitutional principles, creating a standard for property trusts that favors some organizations over others. The majority opinion suggests that an unincorporated association, merely by changing its bylaws, can claim the property of its members. It would be as if the U.S. Chamber of Commerce passed a rule claiming an interest in the property of every local chamber, with no explicit local agreement to that transfer of ownership.

There is no statute or common law in South Carolina supporting the validity of such a claim, yet that is what this ruling does. It asserts that there are different rules for religious versus non-religious entities. That is a disturbing precedent. As Justice John Kittredge observed in his dissent, “The message is clear for churches in South Carolina that are affiliated in any manner with a national organization and have never lifted a finger to transfer control or ownership of their property — if you think your property ownership is secure, think again.”

With freedom of association comes freedom to disassociate. Churches that freely associated with each other should be free to disassociate — and that disassociation should not cost them the very ministries that were established by local sacrifice. When the vast majority of…[parishioners] choose to disassociate (80 percent in this case) in keeping with state law and Supreme Court precedent, the courts should respect the decision.

There are also essential issues of fairness at stake in this case. A principle of the 14th Amendment is that no one in government should make decisions on matters in which they have a vested interest. In this ruling, the deciding vote was cast by a justice who belongs to a parish, diocese and national denomination that stand to gain tremendously from the outcome.

Read it all.

I am outraged by the recent S.C. Supreme Court decision that strips the title of 28 churches in the Diocese of South Carolina and awards them to the national Episcopal Church. As acting Justice Jean Toal wrote in a dissent: “The First Amendment prohibits civil courts from resolving church property disputes on the basis of religious doctrine and practice.”

Read it all.

In conversations with clergy and pewsitters in the ACNA diocese it is clear that they are uncomfortable with the situation and some are losing sleep over the matter. I am glad to report that they are keeping God in the forefront, praying together, and fasting, while their legal team tries to right the injustice done by the South Carolina Supreme Court.

As an outside observer who has always believed that the Episcopal organization should let God’s people go, I pray that God will right the wrong, but I know that his answer to my prayer may not come in the form that I expect.

If my friends lose their buildings, I am confident that the new churches they build will be vibrant hatcheries for new disciples of Christ, whereas I cannot express the same confidence in the evangelistic abilities of TEc or its followers if they wind up with the old, empty church buildings.

Read it all.

O God, Master of this passing world, hear the humble voices of your children. The Sea of Galilee obeyed your order and returned to its former quietude; you are still the Master of land and sea. During this storm we turn to You, O loving Father. Spare us from calamity, keep us safe in the palm of your hands and help us walk in your footsteps with gratitude and praise in all things. Through Jesus Christ our Lord. Amen.

#HurricaneIrma nhc 5am Fri winds down to 155 mph which is still faster than when Hugo hit in 89 #hurricaneirma2017 #weather #SouthCarolina pic.twitter.com/dDA7CKnDND

— Kendall Harmon (@KendallHarmon6) September 8, 2017

NEW track: Now is the time to fully prepare for Irma in Central Florida. Details on Channel 9. pic.twitter.com/MOyMztwHjM

— Brian Shields (@BShieldsWFTV) September 7, 2017

There is still much uncertainty as to northward turn timing and direction.

I want to thank all of you for your prayers last Wednesday as we held a diocesan wide day of fasting and prayer and ask that you continue to lift the Bishop, the legal team, the Standing Committee, the clergy and the lay ministers of the churches of the Diocese in your prayers.

Our appeal for a rehearing by the State Supreme Court was filed on Friday and later that evening, the news of our appeal was made public.  You can read more about the appeal here: http://www.diosc.com/sys/index.php, and you can read an analysis of the appeal at A.S. Haley’s blog; http://accurmudgeon.blogspot.com, and further information can be found at Anglican ink: http://www.anglican.ink/.

Basically there were two appeals made; the first was made on the grounds of violation of the state and federal constitutional guarantees as well as violation of 300 years of application of the natural principles of law by the courts in South Carolina.  The second appeal for a rehearing was made on the grounds that Justice Kaye Hearn failed to disclose her personal connections to The Episcopal Church (TEC), to the newly formed diocese that is known as The Episcopal Church in South Carolina (TECSC), and her membership at St. Anne’s Episcopal Church in Conway, South Carolina.

After the ruling was handed down on August 2nd, the Diocese of South Carolina and the joining churches, we were given fifteen days to appeal, and we were granted an additional fifteen days to respond.  Our motion to appeal was delivered on September 1st and TEC and TECSC will be given fifteen days to rebut our appeal.  They will probably ask for and be granted a fifteen day extension, meaning that the State Supreme Court would not make a ruling until the first of October.

The hurricane metaphor holds very true in our situation as after the first of October (or whenever the State Supreme Court decides what they will do), the tract of the timeline becomes very unpredictable.  I ask for your continued prayers and remind you to not only pray for wisdom and justice but to also pray for “the other side.”    Romans 12: 14 says that we are to bless (pray for) those who persecute us and that is what I strive to accomplish in my prayer life.  It is not too late for you to reach out to others and inform them of what is going on in our diocese and the unjust ruling that we have received and I encourage you to follow your conscience and act.

Read it all.

Overnight #HurricaneIrma Computer Models Shift East #weather #hurricanes pic.twitter.com/DMozaFprxV

— Kendall Harmon (@KendallHarmon6) September 6, 2017

Important change thru 96-hr forecast from reliable ECMWF model. No longer Cuban land interaction & turn to N before 80°W longitude. pic.twitter.com/vOdJ5vXPhB

— Ryan Maue (@RyanMaue) September 6, 2017

Rehearing is required, flat out, because respondents’ due process rights to a fair and impartial tribunal were grossly violated. But rehearing would be required in any event because the bias injected into the proceedings by Justice Hearn tainted not only her conclusions, but those of Acting Justice Pleicones and of Chief Justice Beatty, as well.

In a nutshell, the fault exposed by the petition for rehearing is this: there is no 3-2 majority, or any majority, of the Court that is united in favor of any reasoning for any result that is dispositive of the entire case. When a court has failed properly to dispose of the whole case before it, it must grant a rehearing to clarify what it meant by its original decision.

Let me restate that observation, in terms a lay person can understand. To have an effective decision from a court of law in which a panel of multiple justices participates, there has to be a majority of the participating justices who each concur in (agree with) the result that necessarily follows from that concurrence. And in this South Carolina decision, an analysis of the separate opinions shows conclusively that while three justices out of five may concur in one given result, they differ fatally in what process gets them to that result.

With no clear majority agreeing on the approach the Court (through its supposed majority) is laying out, the picture is the same as if three bettors at roulette won money when the ball landed on Red 34, because the first bet on “red”, the second bet on “even”, and the third bet on “34”. There is consensus only in result, but not in how you get there. And basic due process requires courts to explicate their reasoning for reaching a given result.

Read it all.

5 PM update on Hurricane Irma – continues to travel west with maximum sustained wind @ 185 mph. #chswx pic.twitter.com/xTgtuCT84T

— JoeyLive5 (@JoeySovine) September 5, 2017

In a demonstration that tops all that came before, the motion makes its most convincing argument for Justice Hearn’s disqualification at pp. 11-12. ECUSA itself has for a long time declared in its national canons that as an unincorporated association of dioceses, its members are individuals who have been baptized in the Church (Canon I.17.1 [a], cited in n. 1 on p. 11). Justice Hearn fits that description, so ECUSA itself regards her as one of its own members.

Likewise, ECSC stated in discovery that “its members are persons” (ibid.), and so Justice Hearn, who belongs to a parish that recognizes the authority of ECSC and its Provisional Bishop, is a member of that body as well.

But the kicker is that under South Carolina law, all members of unincorporated associations are deemed to be parties to an action in the name of the association — and both ECUSA and ECSC are unincorporated associations. Ergo, Justice Hearn is a party defendant, and could be found personally liable if ECSC ends up with a money judgment against it and no means to pay it. As a party defendant, she has no right to sit in judgment of her own case (just as she has no inherent right to rule on her own disqualification by participating in deciding the motion). See the motion at pp. 11-12, and 24.)

Two Experts in Legal Ethics State that Justice Hearn Should Have Recused Herself

It is no answer to all of the foregoing to say that it was the responsibility of Bishop Lawrence’s attorneys to have requested Justice Hearn to withdraw from participation in the case. The South Carolina Judicial Canons required her to make a full disclosure on the record of all of the relevant facts before proceeding at all. Not only that, once she made such a disclosure, the Canons forbid parties from waiving disqualification on grounds of personal involvement, so that she would have had to step down once she revealed the extent of her and her husband’s personal involvement (see motion, pp. 13-19).

In further support of their motion, Bishop Lawrence’s attorneys submitted the affidavits of two recognized experts in the field of legal ethics.

Read it all.

Not many pastors are asked to restart a church in one of their community’s most at-risk areas, but the Rev. Dallas Wilson is not just any Christian pastor.

He was briefly a Muslim as a teen, had joined a gang while growing up in New York City and landed in Charleston after he had a vision while was passing through the city in 1984.

That set in motion a series of events that eventually would culminate in him resuscitating St. John’s Chapel, a historic Episcopal chapel on Charleston’s East Side, a chapel that had been dormant for years.

Read it all.

One of Charleston's most unique religious leaders, Brother Dallas Wilson, poised to retire https://t.co/rNrNZSudx4 a local hero #lowcountry pic.twitter.com/j6qGxIaZcX

— Kendall Harmon (@KendallHarmon6) September 3, 2017

September 1, 2017

Dear Friends,

Today the Diocese filed two motions with the South Carolina Supreme Court;

• A Motion to Recuse, addressing the participation of Justice Kaye Hearn, and
• A Motion for Rehearing, asking the court to reconsider multiple important issues in the current ruling.

The respective motions and the expert opinions can be found here:

• Motion to Recuse
• Motion for Rehearing
• Expert Witness Crystal Affidavit
• Expert Witness Fox Affidavit

The press release filed today is available here.

We continue to believe what we have asserted from the beginning. With the freedom of association comes the freedom of disassociation. In the pursuit of the constitutionally protected right to the free exercise of our religious beliefs we disassociated from the Episcopal Church. It should not be the case that this protected right causes the loss of our property when it would not do so if we were not a religious organization.

It is incomprehensible that a parish like St. Philip’s in Charleston, that was worshipping here 100 years before TEC even existed, can have that place of worship taken from them and given to an unincorporated New York association who contributed nothing to its building or preservation.  This is a principle worth fighting for.

In Christ’s service,

–The Rev. Jim Lewis is Caon to the Ordinary, Diocese of South Carolina

Citing significant departures from both state and federal precedents, the Diocese of South Carolina and 29 parish churches today filed a motion for rehearing in the South Carolina Supreme Court regarding its recent ruling in Appellate Case No. 2015-000622.  In 2012, the Diocese of South Carolina, along with 50 of its congregations voted to disassociate from The Episcopal Church.  In a complicated and sharply divided ruling consisting of five separate opinions, the S.C. Supreme Court ruled on August 2 this year that parishes which had “acceded” to the national church’s ‘Dennis canon’ are subject to a trust interest in their property by The Episcopal Church (TEC).  Only eight congregations were judged to have full rights to retain their property.

In a decision that partly reversed the February 2015 Circuit Court ruling of Judge Diane Goodstein, the Supreme Court significantly changed court precedents in multiple areas and divested the property rights of at least 28 congregations and over 20,000 church members.

Grounds for Rehearing

While there are multiple legal issues in the ruling that merit rehearing, the most crucial are possibly the constitutional ones controlling cases of religious property.  As stated in the conclusion to the petition: “The majority has fashioned a neutral principles standard for religious organizations under South Carolina property, trust and corporate law that admittedly would not be applied to secular organizations. It then applied it to religious organizations today in a fashion it did not do 8 years ago involving the same issues between the Plaintiff Diocese, The Episcopal Church and a parish church. It does so when no appellant asked the trial court, either during trial or post trial, to apply such a standard. As a result, the majority would transfer the real and personal property of South Carolina religious organizations, many of whom preexisted The Episcopal Church and the United States, to a New York religious organization. This establishment of one religion over another impacts the choices these South Carolina religious organizations (and those associated with them) made in the free exercise of their religion.  They chose to disassociate, exercising their right of association under the United States and South Carolina Constitutions which this Court has recognized.  Yet, according to the majority, that constitutionally protected decision, requires a massive transfer of centuries old real and personal property when it would not be required for a secular South Carolina organization.”

The petition concluded: “These are serious issues for Respondents, Appellants and for all religious organizations in South Carolina. This Court should grant a rehearing.”

Read it all.

The end of punishment: @JTasioulas on the role of repentance and mercy in the practice of criminal justice. https://t.co/T4W7gFirgV pic.twitter.com/B4Y5NEPDO3

— ABC Religion&Ethics (@ABCReligion) August 30, 2017

Careful blog readers should make sure there have read and understood them all. I have been asked why I have not linked to secular media reports or other stories, and the answer is I would be happy to if they were accurate but they have not been–KSH.

South Carolina Supreme Court on Diocese of South Carolina/TEC Diocese in SC Dispute Ruling is Out.

Diocese of SC Statement on the recent South Carolina Supreme Court Ruling.

AS Haley–Massive Conflict of Interest Taints South Carolina State Supreme Court Ruling.

South Carolina Bishop Lawrence Writes his Diocese Following the recent Supreme Court Ruling.

A Message from the Standing Committee of the Diocese of South Carolina.

Bishop Mark Lawrence of the Diocese of South Carolina Calls for a Day of Prayer+Fasting on August 30.

Diocese of South Carolina and 29 Parish Churches File Motion for Rehearing in State Supreme Court.

A S Haley–Faults in the South Carolina Supreme Court Decision Laid Bare (I).

A S Haley–Faults in the South Carolina Supreme Court Decision Laid Bare (II).

Jeff Miller–SC Supreme Court ruling against Diocese of South Carolina threatens religious freedom.

(The State) How a South Carolina Supreme Court decision threatens religious freedom.

The Historic Diocese of South Carolina responds to the New TEC Diocese’s Motion on the Rehearing.

The Diocese of South Carolina offers its Rebuttal of TEC Recusal and Rehearing Arguments.

The rector of Trinity Myrtle Beach, Greg Smith, writes his parish about the #SouthCarolina C Supreme Court Decision https://t.co/EHeOi0p8Vn pic.twitter.com/WB0IslWUuc

— Kendall Harmon (@KendallHarmon6) August 31, 2017

Dear Friends,

I wanted to share with you the prayer note that I’m sending out today: As a church, we are going through a huge trial. The injustice of the courts may result in 32,000 people in the diocese being told they must leave their buildings… including Trinity Church. It’s hard to imagine. But, people in our congregation face the unimaginable day in and day out. Suffering happens in a broken world… and that’s why we pray. Tomorrow we will be observing a day of prayer and fasting. And while we pray, corporately, for a deep wrong to be made right, please know that I will be praying for each of you, individually.

Trials come, “so that the tested genuineness of your faith—more precious than gold that perishes though it is tested by fire—may be found to result in praise and glory and honor at the revelation of Jesus Christ.” (1st Peter 1:7) I’m praying that God will awaken us to the necessity of prayer, outreach, and mission to a broken world.

If you would like to know more about our church’s trials or are looking for a resource for prayer, go here.

To assist individuals as they observe the Day of Prayer and Fasting on August 30, 2017, the Diocese has created a set of resources including a brief explanation of fasting, suggested methods for prayer, scripture readings and listings of our parishes, clergy, legal team, parish chancellors and standing committee.

Download the resource sheet.

Please make use of these optional resources if you find them helpful.

Read it all.

One person has died and a suspect has been transported to a hospital after holding multiple people hostage for hours inside Virginia’s on King restaurant, according to police.

Police say that the hostages are now free and safe.

Around 2:30 p.m., a loud boom, that did not necessarily sound like a gun shot, rang in the area. A person was transported out of Virginia’s on a stretcher. Shortly after, police began breaking down the perimeters and allowing people closer to the scene.

A shooting was first reported at 12:17 p.m. Thursday.

“This was not an act of terrorism,” said Charleston Mayor John Tecklenburg. “This was not a hate crime. This was a tragic case of a disgruntled employee.”

Read it all.

August 23, 2017

Brothers and Sisters in Christ,

With the events in Charlottesville now being brought home to Beaufort with the racist graffiti painted on the Community Bowling Center, the people of God must speak out against the evils of racism. Racism is a heresy and a denial of the Gospel of Jesus Christ. As Christians, we must condemn any group, ideology, or individual that denies that every human being is created in God’s image. As Revelation 7:9 reminds us, Jesus Christ’s sacrificial death on the Cross has made it possible for every tribe, tongue, and nation to be gathered around the throne of God.

When we are confronted with the events of the past weeks, we should be led by the Lord to a posture of repentance. As Christ followers, we must not only stand against the outward, visible attacks resulting from racism, we must also confront the more subtle forms of racism that may exist within our own hearts. As Paul wrote in Romans 14:13, the Gospel demands that we must never put a “stumbling block or hindrance in the way of a brother.” It is with this humility we must also view our shared history so that our celebrations are not done so at the expense of oppressing others.

The Gospel tears down dividing walls of hostility (Ephesians 2:4) by the shed blood of Jesus Christ. In response to these actions in our community and nation, we want to encourage the people of St. Helena’s to pray and work for the healing of our land….

Read it all.

To this end, I also want to give you an update on where things are within the Diocese of South Carolina. Since I last wrote regarding the recent South Carolina Supreme Court ruling I have met with the Standing Committee and our lead counsel, and, as perhaps you have already heard, we have decided to seek a rehearing from the state court. The filing for rehearing is due on September 1, 2017. Subsequent to this filing, it is assumed The Episcopal Church and its local diocese will then be granted time by the court to respond to our filing. So I want to remind you that this litigation is not over. There are several options for us to pursue and we shall consider them prayerfully and strategically. Please keep our legal team in your daily prayers. Their work is as demanding as it is vital.

Earlier in August our lead counsel, Mr. Alan Runyan, and I met with all the clergy of the diocese at a Special Clergy Day at St. Paul’s, Summerville; then, this last week Canon Lewis and I met with the active priests in each of our six deaneries for in-depth conversations. Your priests are aware of various possibilities and are key resources for you in understanding where we presently stand. But know they also face many challenges. Some of these rectors and vicars (and their spouses and children) live in church housing, as do Allison and I. Many that do not live in rectories are making payments on mortgages. So too, are the lay staff in our congregations and diocese. Some of our congregations are in the midst of capital campaigns or hold debt on their buildings. Frankly, each congregation of the diocese is in a distinct position regarding how this ruling may or may not affect their common life and future. While this is also the case for each rector, vicar or assistant, I have been amazed at the remarkable resilience of our clergy as they face the uncertainty of the future.

Certainly, this ruling has the potential to disrupt their lives and ministry, as well as the ministry and mission of the congregation they serve. Most face questions regarding whether they will lose their church buildings. Yet in the face of these challenges, they have been almost to a person stalwart, steadfast and trusting of God, even as they prayerfully explore the various options before them.

Read it all.

Bishop Lawrence of the Diocese of #Southcarolina Calls 4 a Day of Prayer+Fasting, on August 30 https://t.co/QEN9XsVdj1 #anglican #ministry pic.twitter.com/w0K9Mlbcyq

— Kendall Harmon (@KendallHarmon6) August 23, 2017

Brian McGreevy to join St. Philip’s Charleston #southcarolina staff in a full-time capacity https://t.co/fLfcvkFhr1 #ministry #parishlife pic.twitter.com/gaibDhtl91

— Kendall Harmon (@KendallHarmon6) August 23, 2017

Read it all.

Read and look through it all.

[TOM] GJELTEN: Even in faith traditions that now fully accept the science, a solar eclipse remains an occasion that highlights the wonders of the universe and our small place in it. In a book and on his website Talmudology, Jeremy Brown has written about Jewish understandings of solar eclipses.

[JEREMY] BROWN: Today, an eclipse is no longer seen as a threat, as an omen but as something to be celebrated. There is a consensus of opinion amongst the rabbis that an eclipse should be witnessed with joy and happiness and appropriate psalms and blessings.

GJELTEN: Brown and his family are heading to Charleston, S.C., for an eclipse-viewing event at a synagogue. But a total solar eclipse is momentous to everyone. The National Convention of American Atheists will also be in Charleston, hosting a viewing of their own.

Read it all.

Camp St. Christopher announces Intercessory #Prayer Day & Vigil for the Diocese of #SouthCarolina https://t.co/fq9IfJ8rCo #anglican pic.twitter.com/V3cYWLwvyA

— Kendall Harmon (@KendallHarmon6) August 16, 2017

With the next regularly scheduled Intercessory Prayer Day planned for Saturday, August 19, in view of the recent South Carolina Supreme Court decision regarding St. Christopher and the Diocese of South Carolina, the Intercessory Prayer Day has been expanded to include an opportunity for all to participate, either here at St. Christopher or from your own home and workplace. With the legal process of the SC Supreme Court still unfolding, we will pray for faithfulness in our Lord Jesus Christ and walk in step with the Holy Spirit. A Prayer Vigil will begin at 3 p.m. on Friday, August 18 and continue through to 3 p.m.on Saturday, August 19.

Read it all.

Sen. Tim Scott: Fight hatred, fear and domestic terror with American ideals https://t.co/z504yo5zfH via @usatoday #sotuhcarolina #leadership

— Kendall Harmon (@KendallHarmon6) August 15, 2017

There is nothing “right” about racism and hate. It’s a learned disease, and the best antidote is unity. This weekend’s events involving white supremacist groups are as disturbing and disgusting as they are heartbreaking. The attack was a stark reminder of the darkness of hate. We must come together, as we have before, to confront the issues that chip away at the very foundation of who we are and what we stand for as a country.

Unfortunately, the people of South Carolina know this type of domestic terrorism all too well. Our response to the events in Charlottesville, Va., should mirror our response to the murders at Mother Emanuel Church in Charleston. Condemnation of racism. Swift justice for a terrorist. And unity for the community that grieves. It starts with calling the attack in Charlottesville by its name. This was an act of domestic terror, perpetrated by a hate-filled person attacking his fellow citizens….

Read it all.

You can listen directly there and download the mp3 there. There are a few verbal slip ups which I could do without, alas, for example the reference should be Matthew 7 when I talk about the two kinds of houses. In the section on the Church in Uganda, I inadvertently fail to mention the name of Archbishop Janani Luwum and instead reference the man who had him killed. Fortunately I at least get Archbishop Luwum correct in the prayer at the end–KSH.

There’s a scene in the Lord of the Rings, where the hero, Frodo Baggins, is in a very dark place. He and his friends are on a quest to destroy a magic ring. And yet, they’re being relentlessly hunted by hordes of evil creatures, and so their prospects looks dim.

At one point they pause to rest, and Frodo, exhausted and discouraged, says to his friend Gandalf. ‘I wish the ring had never come to me. I wish none of this had happened.’ And Gandalf responds, ‘So do all who live to see such times. But it is not for us to decide. All we have to decide is what to do with the time that is given us.’

As you probably know, 10 days ago the Supreme Court of SC ruled that 29 churches of our diocese must give our property to the National Church—about 500 million dollars worth. And so while this ruling will certainly be appealed, a day may come when our staff will arrive at work and the locks will have been changed. This has happened in other churches around our country.

And so make no mistake, we’ve lost a major battle in this conflict. Some have used the imagery of the Exodus. We’ve left Egypt, we’ve come to the Red Sea, but now we can hear the chariots of Pharaoh behind us. And unless God intervenes in a mighty way, our future will be radically different than we thought.

Read it all and you may find the audio links there.

You can listen directly here or download it there.