Wait a minute. The crucial language that the “practice of homosexuality is incompatible with Christian teaching” was just approved this past February? That hasn’t been the language in church discipline documents for many years before 2019 and affirmed in multiple votes?

But here is the most crucial point. What, precisely, are the “fundamental differences” that the United Methodists involved in these negotiations — leaders from left and right — cited as the cause of the upcoming ecclesiastical divorce? Was it really LGBTQ issues, period?

Consider this commentary from David French (an evangelical Presbyterian) of The Dispatch:

The secular media will cast the divide primarily in the terms it understands — as focused on “LGBT issues” — but that’s incomplete. The true fracturing point between Mainline and Evangelical churches is over the authority and interpretation of scripture. The debate over LGBT issues is a consequence of the underlying dispute, not its primary cause. …

Thus, at heart, the disagreement between the Evangelical and Mainline branches of Christianity isn’t over issues — even hot-button cultural and political issues — but rather over theology. Indeed, the very first clause of the United Methodist Church’s nine-page separation plan states that church members “have fundamental differences regarding their understanding and interpretation of Scripture, theology and practice.”

Ah, there’s the rub. Who wants to put “Scripture, theology and practice” in a news report — especially at NBC Out and similar structures in other newsrooms — when you can blame the whole denominational war over conservatives refusing to evolve on LGBTQ issues?

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After decades of fighting, United Methodists avoid a visit from Ghost of the Episcopal Future? https://t.co/o1OptQUJJ9

— GetReligion (@GetReligion) January 6, 2020

[Bp John] Taylor, however, wrote that the panelists and their advising attorneys “evidently did not take fully into account the existence of a binding contract, nor all the ways the dispute begs for wider reconciliation.”

Parishioner Walter Stahr, who has been active in the congregation’s allegations of misconduct against Bruno and the effort to reclaim the building, said diocese leaders did not say when escrow would close on the property when they met Monday with him and St. James pastor Cindy Evans Voorhees. The sale price also has not been disclosed.

“They assured us that if St. James the Great wishes to continue as an Episcopal congregation, they will support us — just not in our building,” Stahr told his fellow parishioners in a statement Monday. “I know how devastating this will be for many of you, but the story is not over.”

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We understand that the Hearing Panel’s ruling, which awaits the possibility of Bishop Bruno’s appeal, calls on us to return the congregation to the building. The four concurring Hearing Panel members and the attorneys who advised them evidently did not take fully into account the existence of a binding contract nor all the ways the dispute begs for wider reconciliation. (One panel member dissented and supported Bishop Bruno.)

Their advocacy bespeaks a commendable pastoral connection with the people of St. James. As recently as the filing of the church attorney’s brief after the hearings in Pasadena in March, those conducting the proceeding against Bishop Bruno made it clear that he could avoid being sanctioned if he would relent on his intention to sell the property. This is not to understate the significance of the panel’s findings against Bishop Bruno. But we trust that from the painful experience of the Diocese of Los Angeles, The Episcopal Church will learn lessons about how, in disciplinary settings, to differentiate between actions by a respondent which deserve sanction and a complainant’s wish to reverse an operational decision.

We share the panel’s profound concern for the people of St. James. Bishop Bruno asked them to start a new congregation, and under the leadership of the Rev. Canon Cindy Voorhees, they accepted the challenge. They praised, worshipped, and served, as they continue to do. We are not here to relitigate Bishop Bruno’s actions or the Hearing Panel’s verdict. In all likelihood, after 40 years of ordination, including many moments of courage and vision, he will lose the right to say Holy Eucharist and to baptize, confirm, and bless for three years. It is also outside the realm of Bishop Curry’s charge to assess how long it would have taken St. James to achieve sustainability. Suffice it to say that it was making good progress and that losing its church building was a disappointment and shock….

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The Hearing Panel stated unequivocally that prior review and approval of the sale of church property by the Standing Committee “is a crucial part of the fabric and polity of the Church.” (Report at 57). And yet the specific findings recited in the Hearing Panel’s Report show that the Standing Committee did little, if anything, to investigate the legal ownership of St. James, to review any legal documentation for the sale, and to refer to its own minutes in doing so. If they had, they presumably would have discovered that the only properties transferred to Corp Sole were back in 2009, and did not include St. James. They would have discovered that a purported May 2014 quitclaim deed by the Diocese to Corp Sole was without any review by the Standing Committee. If they had followed Bishop Glasspool’s advice and consulted with another diocesan chancellor, they might have intervened and halted the sale. Nevertheless, they did not

These detailed findings in the Hearing Panel’s Report are troubling in the extreme, to say the least. Viewed as a whole, the findings strongly suggest that corruption and greed were systemic. They were not limited to Bishop Bruno himself. Key staff and leaders at the highest levels appear from the Report to have been complicit. The Standing Committee appears to have failed to properly review, let alone check, these problematic actions. Both laity and clergy close to the bishop were apparently involved.

How could the Episcopal Diocese of Los Angeles end up with so many people in positions of leadership who had lost their moral compass?

If the statement of the Diocesan spokesman and its webpage are any signs, the absence of conviction, humility and repentance is not promising.

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In a scathing rebuke of the Bishop of Los Angeles, a disciplinary hearing panel of the Episcopal Church has voted to suspend the Rt. Rev. J. Jon Bruno from ministry for three years….

According to Title IV 14.5 of the church’s canons, the presiding bishop is charged with reviewing this sentence and then pronouncing it or lessening it.

In a 4-1 decision, the panel wrote that “the scope and severity of Bishop Bruno’s misconduct … have unjustly and unnecessarily disturbed the ministry of a mission of the Church. St. James the Great is a casualty of Bishop Bruno’s misconduct.”

Neva Rae Fox, public affairs officer for the Episcopal Church, said late that evening, “This document is marked as a draft, and that is what it is. We will offer no comments as the Hearing Panel’s work continues.”

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A panel of officials from the national Episcopal Church issued its recommendation on misconduct charges against J. Jon Bruno, bishop of the Episcopal Diocese of Los Angeles, on Friday, July 21, nearly ending a two-year battle during which he tried to sell the St. James the Great church in Newport Beach and displaced its congregants.

Panel members voted 4-1 to suspend Bruno for three years, restore the congregation and halt efforts to sell the 40,000-square-foot building and surrounding property at 3209 Via Lido, which includes a rose garden where the ashes of 12 former parishioners are buried.

The decision comes after panel members presided over a three-day disciplinary hearing in March.

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The daughters of a long-time member of a displaced local congregation say they are disappointed by the Episcopal Diocese of Los Angeles’ decision to reject their request to hold their mother’s funeral service at their former church home.

Nancy Knight, who has been a member of St. James the Great Episcopal since 1956, died of complications from chronic obstructive pulmonary disease April 7, her daughter Ellen Knight Gordon said Monday. She was 86.

The family told their pastor, the Rev. Cindy Voorhees, that they wanted to honor Knight’s wishes by holding her service at the church, where she had served as a volunteer for about 60 years. Three weeks after they made that request, the family heard from the diocese through an email: “This is not going to work.”

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Comes now Bishop Bruno, he of the forkèd tongue, and for a response to the charges files a motion to dismiss the Title IV proceedings against him in their entirety. His reasons stated are twofold:

(1) The complainants violated the confidentiality provisions of Title IV by disclosing the substance of their charges, and of ECUSA’s responses to them; and

(2) [Now get this] The complainants violated Canon IV.19.2 by resorting to a proceeding in the secular civil courts before filing their charges against +Bruno under Title IV.

Note that while +Bruno is technically correct that the earlier stages of the Title IV proceedings against him were confidential, the violation of that confidentiality by the Complainant (i.e., the members of St. James the Great) does not furnish canonical grounds for a dismissal of the charges. Under the Canon he cites (IV.13.9[a]), it is only misconduct “that the Hearing Panel deems to be disruptive, dilatory or otherwise contrary to the integrity of the proceedings” on the part of the Respondent (i.e., Bishop Bruno) or the Church Attorney that can provide grounds for the imposition of sanctions — which, by the way, do not include the dismissal of all charges, as +Bruno requests.

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A hearing date of 20 June 2016 has been set for the Bishop of Los Angeles, the Rt. Rev. J. Jon Bruno, to answer charges of misconduct brought by St James the Great Episcopal Church in Newport Beach, California. On 6 July 2015 members of the Orange County congregation filed a complaint under Title IV alleging “140 canon violations” by their bishop including: “negligent, grossly negligent, reckless or intentional misrepresentation”, “conduct unbecoming” a bishop, and unlawful sale or conversion of consecrated property.

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The misconduct complaint filed against the Bishop of Los Angeles by members of St James the Great Episcopal Church in Newport Beach has been handed back to the national church’s disciplinary panel for bishops after the parties were unable to reach an amicable resolution.

The Rt. Rev. J. Jon Bruno appears to have adopted a scorched earth in dealing with complaints of bullying and dishonesty levelled against him by ignoring a request for the national church that he not prejudice the proceedings. Though all parties had been charged to “enter into this process in good faith,” the bishop’s attorneys have not relented in their legal campaign, and have sought to depose a Girl Scout leader whose troop had planted an herb garden at the parish, and the daughter of a woman whose ashes are interned at the church.

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The Bishop of Los Angeles has retaliated against clergy and lay members of St James the Great Episcopal Church in Newport Beach, Cal., for having brought misconduct charges against him under the Episcopal Church’s Title IV disciplinary canons, alleges the Save St James the Great coalition.

According to a supplement filed last week to the complaint, (printed below) attorneys for the Rt. Rev. J. Jon Bruno have harrassed witnesses and members of the parish who had brought charges against him. Bishop Bruno is accused of trying to depose the husband of parish vicar the Rev. Canon Cindy Evans Voorhees and seeking legal sanctions for his alleged non-cooperation with his attorney’s demands, and have threatened to bring civil legal charges against those who signed the complaint, accusing them of “malicious prosecution.”

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The Bishop of Los Angeles urged members of St James the Great Episcopal Church to trust him, because he was their bishop and his word was his bond. However, members of the Newport Beach, Cal., parish have now filed a complaint under the Episcopal Church’s disciplinary canons against the Rt. Rev. J. Jon Bruno alleging fraud, lying, abuse of authority, corruption and conduct unbecoming a member of the clergy.

On 6 July 2015 members of the Orange County congregation, who have been locked out of their church since the beginning of July on the orders of the bishop, filed a complaint under Title IV alleging “140 canon violations” by their bishop.

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And now — enter God’s poetic justice. It seems that Bishop Bruno, who is as quick as any Episcopal Church diocesan to recognize a Dennis Canon interest in property when he comes across one, forgot about an earlier reversionary interest in the St. James parish property. It turns out that the original developer of the area, Griffith Company, donated in 1945 the land on which the beautiful St. James building was erected, to the Protestant Episcopal Bishop of the Diocese of Los Angeles, upon “the condition, covenant and restriction” that

The property conveyed shall be used for church purposes exclusively and no building other than a church and appurtenances shall be erected, placed or maintained thereon. The foregoing restriction shall be binding upon the [Bishop], his successors and assigns. Upon the breach of the foregoing condition, the title to said property … shall become at once divested from the [Bishop], his successors and assigns, and shall revert and revest in the grantor [Griffith Company], its successors or assigns.

Thus if Bishop Bruno carries out his plans to sell the property to the current developer, the only thing that developer could do with the property is maintain the existing church building on it (or build a brand-new one). And thus there is no way a developer would pay $15 million for land that is so encumbered.

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The Episcopal Diocese of Los Angeles is nearing the end of negotiations to sell St. James the Great Episcopal Church in Newport Beach to real estate developers.

Bishop J. Jon Bruno announced the sale to congregants Sunday, Diocese spokesman Robert Williams said. The sale of the church could bring in roughly $15 million — twice the appraised value of the site, Williams said.

Services at the church will likely continue into the fall, Williams said. No information on where congregants will be moved or whether the congregation may reopen at a different site was available on Monday, he said.

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A scorched earth policy. That’s how Anglicans who have left The Episcopal Church (TEC) and its endorsement of unbiblical beliefs and actions often describe TEC’s response. From depressed Binghamton, N.Y., to affluent Newport Beach, Calif., TEC leaders have fought dozens of court battles to force congregations leaving the denomination to forfeit the buildings they, their parents, and their grandparents paid for.

[This policy]… is evident…at St. James Anglican Church, which for more than half a century owned property in Newport Beach: The 300-member congregation now meets in a fluorescent-lit room with exposed pipes and concrete walls. It’s a humble setting for an affluent congregation accustomed to soft lighting and stained glass, but a fitting one this month for celebrating the birth of a Savior in a barnyard stable””and that’s one of the providential results of the scorched earth policy.

St. James lost its building even though the church had a written agreement with its diocese that seemed to ensure the congregation’s ownership of the building””but when it was time to part, the diocese and TEC sued the congregation, and a judge cited an Episcopal Church canon declaring that all church property belongs to the diocese and the denomination.

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Parishioners from St. James Anglican Church in Newport Beach wiped tears from their eyes as they left the church after its final service, leaving a house of worship filled with memories.

Jim Dale, 63, said he had been attending church at St. James since he was a boy.

“Being in there today, all the memories came flooding back,” he said after services Sunday. “There are so many memories: my Communion, meeting my wife, marrying my wife.

“It all happened here,” he added.

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About 80 people Sunday attended the last Mass that will be celebrated at St. James Anglican Church. It was a bittersweet service that brought some parishioners to tears.

The Anglican parish, which has been feuding with its parent affiliation for nearly a decade, was ordered by an Orange County Superior Court judge in May to surrender the property to the Episcopal Diocese of Los Angeles.

“We’re obviously disappointed,” the Rev. Richard Crocker said….

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Now comes a task I would rather not face, given that I count many non-canon lawyers who are bloggers on Episcopal matters at least as colleagues, if not as personal friends. But in the wake of my commentary on the recent St. James ruling, a host of lay would-be canonists have rushed in to assure everyone that the ruling is not as bad as it is, or that it does not really say what it says. The latest comes from the estimable Father Haller, but he and others have also been contributing to the comments on other blogs. (Note that no one has seen fit to come here and question me directly.)

Let’s clear up one simple matter first: the ruling is not yet precedent for California courts, because it is only the decision of a single trial judge in Orange County, California. As I pointed out in my original post, it will become problematic only if it is affirmed upon appeal. (But as I also pointed out in my post, all of the appeals taken thus far by St. James in this case were decided against them initially by the Court of Appeals.)

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The court order, which comes at what could be the end of a series of court battles over three church properties on 32nd Street, was reaffirmed Monday by Judge Kim G. Dunning.

“I give thanks for the culmination of this marathon litigation, and I pray this action will settle the fact that people can disagree but cannot take property that has been entrusted to the Episcopal Church for ministry,” Right Rev. J. Jon Bruno, bishop of the six-county diocese, said in a statement. “I give thanks to God that, after these cases spanning more than eight years, we now can proceed with the continuing ministry of the Episcopal Church in Newport Beach.”

St. James leaders said they were “obviously disappointed by this ruling.”

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Judge Kim Dunning of the Orange County Supreme Court handed down on May 1 a surprise ruling in the case involving the property of St. James’s parish in Newport Beach, and held that St. James could not retain title to its property after it voted in 2004 to disaffiliate from the Episcopal Church (USA). But due to the bizarre reasoning she used to reach that conclusion, the ruling — if upheld on appeal — would put a cloud on the title of every previous sale or disposition of any Episcopal parish property in the State since 1980.

The wrinkle in the St. James case — a feature which distinguished it from the cases of two other parishes in the Diocese of Los Angeles (St. David’s Hollywood; and All Saints, Long Beach) which Judge Dunning ruled last September could not retain their properties either — was that St. James had been given an explicit letter from the Diocese in 1991 prior to purchasing the property at issue here, and undertaking the multi-million-dollar expense of developing it….

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This Sunday, the local Anglican church, Christ Our Savior, will hold services in its first permanent home in Old Torrance. The Rev. Dale Smith, a former Episcopal priest from South Pasadena, has led the church for more than a year.

“It’s been a difficult time for more than 50 years during this gradual split,” Smith said.

After 2003, he said, “We knew there were effectively two churches, one that believed the historic faith and one that didn’t.”

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The California Supreme Court on May 5 returned to a lower court the lawsuit involving a seven-year property dispute between the Episcopal Diocese of Los Angeles and a breakaway Newport Beach church.

The court, in a 6-1 decision, said that St. James Anglican Church, which disaffiliated from the Episcopal Church in 2003, can present arguments to show that the church and the property are owned by the congregation and not by the Los Angeles diocese and Episcopal Church.

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The decision by a two-justice majority on the Court of Appeals, which the Supreme Court has now reversed, will go down in the annals as a monument to result-oriented judicial reasoning. Even though the two justices did not entirely agree on how to get there, they both knew where they wanted to come out, and they did not care how much bending of due process it took to get there. Indeed, in any future appeal of the case, they ought to be disqualified from hearing it, since their bias against letting St. James have its day in court was so manifest from their opinions. To conclude on the basis of some verbiage that the California Supreme Court has the power to end a case completely and finally, before even an answer to the complaint is filed, is a proposition so preposterous that it deserves to be forever preserved in the scroll of infamy.

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A California Supreme Court opinion released today “does not detract at all” from the high court’s 2009 opinion affirming that property occupied by local parishes is held in trust for the general church, said John R. Shiner, lead attorney for the Episcopal Diocese of Los Angeles.

“All the Supreme Court has done is send the case back for further proceedings consistent with its earlier opinion,” Shiner said of today’s 6-1 opinion concluding that a lower court should address contentions made by St. James’ Church, Newport Beach. These arguments include the statement that a 1991 letter may influence the issue of property ownership. The property dispute began in 2004 when a majority of members of the parish voted to disaffiliate from the Episcopal Church.

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The California Supreme Court today held that St. James Anglican Church can defend its property rights against the claims of the Episcopal Church with evidence in a court of law. The Court confirmed that its 2009 Episcopal Church Cases decision did not end the property dispute in the Episcopal Church’s favor as it had claimed. “Further proceedings are still necessary to finally decide the dispute,” said the Court.

Today’s decision, titled Rasmussen v. Superior Court (Bunyan), returns the case to the Orange County Superior Court where St. James will now have the right to defend itself with evidence before a court of law, including having motions heard to dismiss church volunteers who have been sued by the Episcopal Church.

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Lower courts disagreed over whether that opinion constituted a final ruling; the trial court thought it had a trial to hear, the appeals court said no, it was over, and Thursday, the Supreme Court reversed the appeals court.

In its ruling, the high court said that it never meant to establish ownership of the property two years ago.

“Based on the arguments the parties presented, we did conclude ‘on this record,’ that the general church owns the disputed property.”

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Two clear messages have gone out from Dublin.

First, the authorities in Dublin Diocese were happy to showcase TEC despite its promotion of same-sex marriage. They have hammered in a wedge that may split our Church in two.

Second, the Primates’ meeting may have finally demolished the proposed Anglican Covenant, section 4.1.1 of which describes a Communion of national Churches “in which each recognises in the others the bonds of a common loyalty to Christ expressed through a common faith and order, a shared inheritance in worship, life and mission, and a readiness to live in an interdependent life”.

TEC’s breaches of that common faith and order are one thing; the failure of the Primates’ meeting to address them is quite another….

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St. James Anglican Church in Newport Beach went back before the state Supreme Court Tuesday in the latest chapter in its long-running battle with the Episcopal Church.

St. James was one of three Episcopal churches in Southern California to split from the denomination in 2004, after the national church ordained a gay man as bishop in New Hampshire. The Los Angeles Diocese, later joined by the national Episcopal Church, sued St. James after the split, asserting ownership of the church property at 3209 Via Lido.

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