Category : Episcopal Church (TEC)

A S Haley unpacks the recent Second District Court of Appeals in Fort Worth Episcopal Church Decision

After reviewing the history of church property cases in the United States Supreme Court, and fleshing out what that Court meant by the term “neutral principles”, the Texas Court of Appeals then focused on its own Supreme Court’s recent decision in Masterson v. Diocese of Northwest Texas (Tex. 2013) 422 S.W.3d 594 as instructing how neutral principles of law are used to resolve church property disputes in Texas. It set out the following concise summary of Masterson’s holdings (pp. 78-79):

    • Absent specific, lawful provisions in a corporation’s articles of incorporation or bylaws otherwise, whether and how a corporation’s directors or those entitled to control its affairs can change its articles of incorporation and bylaws are secular, not ecclesiastical matters, and an external entity—under the former or current statutory scheme—is not empowered to amend them absent specific, lawful provision in the corporate documents. Id. at 609–10 (citing Tex. Bus. Orgs. Code § 3.009; Tex. Rev. Civ. Stat. Ann. art. 1396–2.09).
    • The TEC-affiliated bishop could, as an ecclesiastical matter, determine which faction of believers was recognized by and was the “true” church loyal to the Diocese and TEC, and courts must defer to such ecclesiastical decisions, but his decision identifying the loyal faction as the continuing parish does not necessarily determine the property ownership issue, and his decisions on secular legal questions such as the validity of the parish members’ vote to amend the bylaws and articles of incorporation are not entitled to deference. Id. at 610.
  • If the title to the real property is in the corporation’s name and the language of the deeds does not provide for an express trust in favor of TEC or the Diocese, then the corporation owns the property. Id.

These propositions are all correct statements of Texas law as expounded in Masterson. Followed correctly, they should have led to a correct decision in the Fort Worth case. Instead, look where the Salazar court ended up…

Read it all.

Posted in - Anglican: Analysis, Law & Legal Issues, TEC Conflicts: Fort Worth

(AI) Anglican Province of Tanzania reaffirms its impaired communion with The Episcopal Church (TEC)

The primate of Tanzania, the Most Rev. Jacob Chimeledya, has affirmed his province’s break with the Episcopal Church of the USA. In September 2017 the Task Force on the Study of Marriage formed by the 78th General Convention which met in Salt Lake City in 2015, wrote to the primates of the Anglican Communion and other pan-Anglican bodies asking for their views on proposals to change the church’s teaching on holy matrimony.

In an undated letter released by the Task Force, Archbishop Chimeledya stated: “From now onward be informed that we are not having any church partnership. Please do not write me back on this matter.”

The 78th General Convention endorsed new liturgies for same-sex couples wishing to marry in church. It also approved changing the church’s canons governing marriage, making them gender neutral by substituting the terms “man and woman” with “couple.” However, clergy were also given the right to refuse to perform a same-sex marriage, with the promise they would incur no penalty, while bishops were given the right to refuse to allow the services to take place in their diocese.

The compromise meant that same-sex weddings are permitted with the full blessing of the church in places like Washington, Los Angeles and New York, but are forbidden in more conservative parts of the church, like Dallas, Albany and Orlando.

Read it all.

Posted in Anglican Church of Tanzania, Episcopal Church (TEC)

(JE) The Episcopal Church (TEC) Prepares to Tighten Screws on Traditional Marriage Proponents

Further evidence this week of the continued longevity of Fr. Richard John Neuhaus’ law: “Where orthodoxy is optional, orthodoxy will sooner or later be proscribed.”

Officials in a handful of domestic Episcopal Church dioceses which have opted out of the denomination’s same-sex marriage liturgies are warily eying the denomination’s upcoming General Convention and the changes it may bring.

Bishops and deputies will gather this July in Austin, Texas for the triennial governing convention. A multi-year process of revising the church’s Book of Common Prayer, last revised in 1979, is widely expected to begin at this gathering.

Interestingly, the addition of same-sex marriages conducted within the Episcopal Church has not significantly lessened a decline in the overall number of church weddings, which have dropped by 44 percent in the past decade (14,805 marriages in 2006, compared with only 8,343 in 2016, the most recent reporting year).

Read it all.

Posted in --Civil Unions & Partnerships, Anthropology, Episcopal Church (TEC), Ethics / Moral Theology, General Convention, Liturgy, Music, Worship, Marriage & Family, Parish Ministry, Pastoral Theology, Theology

Diocese of Fort Worth to Appeal recent Ruling to the Texas Supreme Court

From there:

On April 5, 2018, the Second Court of Appeals issued its long-awaited Opinion in our dispute with TEC over the ownership of our church property, and it essentially reversed the previous trial court ruling in our favor (dated July 2015). After review by our legal team, we have concluded that this most recent appellate court opinion is not consistent with what the Texas Supreme Court previously decided when it addressed this controversy in 2013 and that we will appeal it.

In reversing the original trial court ruling in favor of TEC’s claims, the Supreme Court instructed the trial court to rehear the case and to use neutral principles of law in reaching a conclusion, instead of deference to TEC. This means that Texas laws concerning corporations, property, trusts, and unincorporated associations are to direct the outcome of the lawsuit.

The Texas Supreme Court ruled in the Masterson case (No. 11-0332) that:

  • Changes made to “articles of incorporation or bylaws are secular, not ecclesiastical, matters.” (page 25)
  • “…[W]e have held that Texas courts cannot simply use deference or identity methodology principles to resolve this type of issue.” (page 27)
  • “…[I]dentifying the loyal faction” does not “determine the property ownership issue under this record, as it might under the deference or identity methodology.” (page 27)

We are disappointed that the appellate court chose to decide this as an identity case. We remain hopeful that we will prevail under neutral principles of law should the Texas Supreme Court address this controversy for the second time. We will file a petition for review in May or June but will likely not know whether the Court will take the case for decision until late this year or early 2019.

In the meantime, everything remains as it has been, as we continue to wait for a conclusion to this tiresome litigation now entering its tenth year before the courts. Our trust is in the Lord Jesus Christ alone, and we rely upon His grace to sustain us with faith and patience in the months to come. Please continue to pray for our legal team and for the justices who will address our petition.

Posted in Ethics / Moral Theology, Law & Legal Issues, TEC Conflicts: Fort Worth

(ENS) The Episcopal Church General Convention will again grapple with same-sex marriage questions

The eight bishops who have prohibited same-gender marriage in their dioceses are Albany Bishop William Love, Central Florida Bishop Greg Brewer, Dallas Bishop George Sumner, Florida Bishop John Howard, North Dakota Bishop Michael Smith, Springfield Bishop Dan Martins, Tennessee’s [John] Bauerschmidt and Virgin Islands Bishop Ambrose Gumbs, according to the task force.

Love, Brewer, Sumner, Martins and Bauerschmidt prohibit clergy canonically resident in those dioceses to use the liturgies inside or outside of the diocese, the report said.

“At this point it’s very unclear whether canonically resident clergy could actually use the liturgies [anywhere] without the permission of their own bishop,” Bauerschmidt told ENS before the report was released “So, that’s not so much my idea, but I think it’s implied by the 2015 resolution.”

Read it all.

Posted in Ecclesiology, Episcopal Church (TEC), Ethics / Moral Theology, General Convention, Liturgy, Music, Worship, Marriage & Family, Parish Ministry, Pastoral Theology, Sexuality, TEC Bishops, Theology, Theology: Scripture

Supreme Court of the United States Update on the Diocese of South Carolina Case

The new Episcopal Church Diocese in South Carolina and TEC have filed a motion to extend the time to file a response from March 29, 2018 to April 30, 2018. Interested blog readers may continue to follow the case there on the SCOTUS website.

Posted in * South Carolina, Law & Legal Issues, Supreme Court, TEC Conflicts: South Carolina

Peter Moore’s Sermon from this past Sunday at Saint Michael’s, Charleston–Are We at Liberty to Change Jesus?

So, the first thing he said to them was: “You are wrong.” He didn’t say, let’s discuss this further. He didn’t offer to organize a seminar on differing visions of the afterlife. He didn’t decide to have a conversation on the subject. He simply said: “You are wrong.” Kind of blunt. Kind of direct. But, friends, this is the only Jesus we know. This is the canonical Jesus. He used strong terms. And he did not suffer fools gladly. It’s kind of refreshing – certainly different from the “gentle Jesus, meek and mild” that many of us were brought up on in Sunday School. I’m not saying that Jesus isn’t loving. He’s incredibly loving. But like C. S. Lewis’ Lion Aslan, he is good; but he is not tame.

The second thing that Jesus said to them was “you are ignorant of the Scriptures.” “You are wrong, because you know neither the Scriptures nor the power of God.” (v.29) This was like waving a red flag before a bull. They were the scholars, the elites, the educated ones. They had been to seminary. And they had degrees after their names. And who was he? Somebody from a nowhere place up north….

Read it all.

Posted in * South Carolina, Anthropology, Christology, Episcopal Church (TEC), Ethics / Moral Theology, Ministry of the Ordained, Preaching / Homiletics, Theology, Theology: Scripture

TEC House of Bishops concludes its recent retreat meeting

Read it all.

Posted in Episcopal Church (TEC), TEC Bishops

(ENS) TEC Liturgy and Music committee recommends against revising the Hymnal 1982

While the prospect of revising the Book of Common Prayer looms large over the upcoming General Convention, the Standing Committee on Liturgy and Music has also considered a number of other parts of the Episcopal Church’s worship life.

The SCLM’s entire report is posted here. Episcopal News Service has written about the committee’s invitation to the church to consider how to revise the prayer book, and it has written about the committee’s proposed remedy to what it calls a “situation of great confusion” over the church’s calendar of saints.

Below is a summary of the rest the SCLM’s work and recommendations.

“I am exceedingly proud of the SCLM’s work this past triennium. Because the projects we received were mostly unfunded, the SCLM chose the scope of our work very carefully,” the Rev. Devon Anderson, SCLM’s chair, told Episcopal News Service. “We were determined to send complete, thoughtful and quality work back to General Convention. But more importantly, we were unified in our desire to serve as faithful stewards of the gift and tradition of our liturgy.”

Read it all.

Posted in Episcopal Church (TEC), Liturgy, Music, Worship

(Abingdon Journal) In the TEC Diocese of Bethlehem, Tunkhannock, Glenburn parishes share a priest

St. Peter’s Episcopal Church in Tunkhannock and The Church of the Epiphany in Glenburn began a new ministry relationship in January.

Rev. Lou Divis will remain as the pastor of St. Peter’s, and has become the Priest-in-Charge at The Church of the Epiphany. Both positions are part-time. This is a new era in The Episcopal Church as people become more involved in various ministerial activities with pastoral oversight.

In the not so distant past, every parish wanted “their own priest” for sacramental, missional, administrative and teaching needs. There are now several parishes in The Episcopal Diocese of Bethlehem using one priest for two parishes. The people in these parishes take on some of the responsibilities of mission, administration, home visitations and teaching, while the priest continues with sacramental, worship, mission and other duties.

Read it all.

Posted in Parish Ministry, TEC Parishes

(WSJ) Russell Moore–Billy Graham Bore Witness for 99 Years; He was perhaps the most significant evangelist since the Apostle Paul

I remember the scene well: Years ago I was sitting in the pews of an almost-empty church listening to an Episcopal bishop discuss why Billy Graham was irrelevant. The prelate insisted that Graham was not the problem. No one could question his sincerity or integrity—only his message.

“Modern people simply cannot accept the supernatural basis of Billy Graham’s gospel,” I recall the bishop saying. “Billy Graham should change his gospel or he will never reach our world as it is.” A man sitting next to me turned and said, “There are 40 people here, and four million listened to Billy Graham in a crusade last night.”

Graham, who died Wednesday at 99, was perhaps the most significant Christian evangelist since the Apostle Paul. This wasn’t because of his media savvy or political influence. He transcended all of that with an obvious belief in the gospel he preached—obvious even to those watching on television or sitting in a stadium’s nosebleed seats. Graham did not think the brave new world needed anything other than an old-time gospel.

Read it all.

Posted in Church History, Death / Burial / Funerals, Episcopal Church (TEC), Evangelicals, Evangelism and Church Growth, Preaching / Homiletics, TEC Bishops

(JE) DC Episcopalians Opt for Open Borders and Transgenderism, Eschew Gendered Pronouns for God

A trifecta of resolutions introduced and passed by the Episcopal Diocese of Washington’s annual convention confirm a further politicized and progressive direction in which the denomination is headed.

Embracing progressive themes, delegates to The 123rd Diocesan Convention approved legislative proposals “On Becoming a Sanctuary Diocese: Offering Sacred Welcome to Immigrants,” “On Inclusion of Transgender People,” and “On the Gendered Language for God” at the Washington National Cathedral on Saturday, January 27.

Resolutions were passed in under one hour and were introduced by a small number of delegates. The Rev. Kimberly Lucas, Rector of St. Margaret’s Episcopal Church in Washington, D.C., and a graduate of liberal Union Theological Seminary in New York, sponsored all three resolutions. Two of the three resolutions were submitted by The Rev. Alex Dyer, rector of St. Thomas’ Episcopal Parish in Washington, D.C. Dyer was briefly notable last year on social media for wrapping banners around construction fences at St. Thomas in which an image of a face-palming Jesus was accompanied by political messages including the tagline “a progressive church for a progressive city.”

According to statistics made available by the Episcopal Church, St. Thomas has declined precipitously in the past five years, shrinking from a weekly attendance of 150 down to 75 (-50%). St. Margaret’s has similarly declined from approximately 240 attendees in 2006 down to 130 (-46%).

In the past decade, weekly attendance in the Diocese of Washington has declined 17 percent. Meanwhile, baptisms have dropped 35 percent and weddings have declined 39 percent. In April, the diocesan clergy conference will hear from an organization assisting churches “to move from a place of plateau or decline to sustained congregational health.”

Read it all.

Posted in Anthropology, Episcopal Church (TEC), Ethics / Moral Theology, Theology

A Prayer for the Feast Day of Phillips Brooks

O everlasting God, who didst reveal truth to thy servant Phillips Brooks, and didst so form and mold his mind and heart that he was able to mediate that truth with grace and power: Grant, we pray, that all whom thou dost call to preach the Gospel may steep themselves in thy word, and conform their lives to thy will; through Jesus Christ our Lord, who liveth and reigneth with thee and the Holy Spirit, one God, for ever and ever.

Posted in Church History, Spirituality/Prayer, TEC Bishops

Mediation Process between the Historic Diocese of South Carolina and the new TEC in SC Diocese Recessed Until January

Brothers and Sisters in Christ,

Today a further session of mediation with Senior U.S. District Judge Joseph F. Anderson Jr. was conducted.  Mediation is now in recess until January 11-12 in Columbia.

The clergy of the Diocese are reminded that Judge Anderson is allowing no discussion, outside of mediation sessions, of what has been said there.

As the Diocese continues to faithfully journey through this process of litigation at multiple levels, I ask your continued prayers for wisdom and discernment on the part of the Bishop, legal counsel and all the Diocesan leadership.

In Christ’s service,

–The Rev. Canon Jim Lewis is Canon to the ordinary in the Diocese of South Carolina

Posted in * South Carolina, Law & Legal Issues, TEC Conflicts: South Carolina

Just a Reminder that the mediation Process between the Historic Diocese of South Carolina and the new TEC in SC Diocese started back today

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, TEC Conflicts: South Carolina

(ENS) Church Pension Group’s ‘centennial conversations’ begin dialogue

The implications of declines in churchgoing and the aging trend of people who do go to church do not all have to be gloom and doom. Instead, they can prompt Episcopalians to be agents of change in the church and in the world.

That was the hopeful message heard by people participating in the first of four Insights & Ideas events, held in recognition of the Church Pension Group’s 100 years service to the Episcopal Church. The so-called “Centennial Conversation,” held at St. Bartholomew’s Church in Manhattan, featured two panels of experts, as well as interaction with audience members.

“Some see the aging of the church as the last gasp of a great church. I just don’t see that at all,” said the Rt. Rev. Clifton Daniel III, acting/interim dean at the Cathedral Church of St. John the Divine, New York. “I don’t think we need to worry about the death of forms and shapes and ministries that it’s taken. The church is going on.”

Read it all.

Posted in Episcopal Church (TEC)

What was that South Carolina Betterment Statute that Bishop Mark Lawrence referred to in his recent letter?

One of the good things about blogs is you can learn things from them which you can learn nowhere else. This past week is a case in point. In his letter of last weekend the Bishop said:

All parties to the case have previously discussed the timetable for a filing under the Betterments Statute. Legal counsel can give you best directions for how to proceed with that process (my emphasis).

And just what it this “Betterments Statute”? You can find it there and please note carefully its wording which includes among other sections the following:

SECTION 27-27-10. Recovery for improvements made in good faith.

After final judgment in favor of the plaintiff in an action to recover lands and tenements, if the defendant has purchased or acquired the lands and tenements recovered in such action or taken a lease thereof or those under whom he holds have purchased or acquired a title to such lands and tenements or taken a lease thereof, supposing at the time of such purchase or acquisition such title to be good in fee or such lease to convey and secure the title and interest therein expressed, such defendant shall be entitled to recover of the plaintiff in such action the full value of all improvements made upon such land by such defendant or those under whom he claims, in the manner provided in this chapter….

SECTION 27-27-30. Proceedings subsequent to judgment to recover value of improvements.

The defendant in such action shall, within forty-eight hours after such judgment or during the term of the court in which it shall be rendered, file in the office of the clerk of the court in which such judgment was rendered a complaint against the plaintiff for so much money as the lands and tenements are so made better. The filing of such complaint shall be sufficient notice to the defendant in such complaint to appear and defend against it. All subsequent proceedings shall be had in accordance with the practice prescribed in this Code for actions generally….

SECTION 27-27-40. Stay of judgment in first action; special verdict for betterments.

The court, on the entry of such action, shall stay all proceedings upon the judgment obtained in the prior action, except the recovery of such lands, until the sale of the lands recovered as provided in Section 27-27-60. The final judgment shall be upon a special verdict by a jury, under the direction of the court, stating the value of the lands and tenements without the improvements put thereon in good faith by the defendant in the prior action and the value thereof with improvements. The defendant in the prior action shall be entitled for such betterments to a verdict for the value thereof, as of the date when the lands were recovered from him and interest on such verdict from such date.

Posted in * Anglican - Episcopal, * South Carolina, Church History, Ethics / Moral Theology, History, Housing/Real Estate Market, Law & Legal Issues, Parish Ministry, Stewardship, TEC Conflicts: South Carolina

Letters from South Carolina Bishop Mark Lawrence and the Standing Committee about the Appeal of our Case to the US Supreme Court

“The [new diocese of the] Episcopal Church in South Carolina has frequently stated that they..[have] always been seeking reconciliation in this present legal conflict. However, one should be aware of what their words suggest. I would paraphrase it thusly — ‘Of course, you may remain worshipping in your Church buildings. All you have to do is surrender to the national Episcopal Church and we will receive you back.‘ Frankly, I believe a more honorable goal would be a charitable parting of the ways enabling each diocese to get on with its mission to a needy world. In the absence of this, we are compelled to move forward with a petition for the higher court’s review.”

Read them both and read them all (emphasis his).

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Michael Curry, Parish Ministry, Presiding Bishop, TEC Conflicts: South Carolina

Historic Diocese of South Carolina to Appeal Case to the US Supreme Court

From here:

It is with the weight of decision but conviction of heart and mind that I write to tell you the Standing Committee, after prayerful deliberation, and with my full support, has voted unanimously to proceed with a petition for a writ of certiorari with the United States Supreme Court. I remind you that this long process first began with our stand for Gospel truth—holding firmly to the faith once delivered to the saints. All too soon, we were thrust us into a battle for Religious Freedom. As Justice Kitteridge has aptly stated about the State Supreme Court’s recent denial for rehearing “…to disallow a full court from considering the rehearing petitions is deeply troubling and, in my opinion, raises constitutional implications as the Court has blocked a fair and meaningful merits review of the rehearing petitions.” So we have before us our commitment to the gospel of Jesus Christ to which we are unwaveringly wedded; a civil concern for religious freedom for ourselves and others; and a public duty to petition for constitutional due process to be upheld. Any of these might justify taking the next step down this legal road. Together they make a three-fold cord not easily broken.

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Michael Curry, Parish Ministry, Stewardship, TEC Conflicts: South Carolina

(ENS) Diocese of Newark to revise diocesan profile after discovering plagiarism during bishop search

Read it all.

Posted in Ethics / Moral Theology, TEC Bishops

A Message from the Rector of Saint Michael’s, Charleston, about the recent South Carolina Supreme Court Decisions

(Via email–KSH) Dear St. Michaelites and Friends:

Yesterday, we received word that the South Carolina Supreme Court, in a tight and split vote, denied the rehearing and recusal request filed by our Diocese of South Carolina. We agree with our diocese that given the gravity of all these concerns, we will now give serious consideration to seeking review by the United States Supreme Court. We believe the number and character of the issues at stake in this ruling merit review by the high court. We also continue to pray for our mediation that will resume in 2 weeks. We remain confident that God is at work in even these circumstances to redeem and use them, as He does all things, for His glory and the building up of His Church.

As we continue to wait, we as one continue in our mission to Transform Hearts through Jesus Christ, in fact I was preaching at the Church of the Resurrection this morning in our pre-arranged pulpit swap. As I was praying and preparing to drive to the church plant, Jesus used that hymn Be Still, My Soul by Katharina Amalia Dorothea von Schlegelhelp to help me realize once again… He IS still in control, let those words wash over you:

Be still my soul the Lord is on thy side
Bear patiently the cross of grief or pain
Leave to thy God to order and provide
In every change He faithful will remain
Be still my soul thy best, thy heavenly friend
Through thorny ways leads to a joyful end

Even before this decision of the State Supreme Court, your wardens and I had decided that we would hold three Sundays for prayer and conversation from 2:00 – 4:00 pm, no agenda just a one-on-one check in with you. We began today and will continue during the Sundays of November 26 and December 3. No sign ups necessary, join us on these Sunday afternoons….

Blessings and much Love,

–The Rev. Alfred T.K. Zadig, Jr. is Rector of Saint Michael’s, Charleston

Posted in Ethics / Moral Theology, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Pastoral Theology, TEC Conflicts: South Carolina

Bishop Mark Lawrence’s Letter to the Diocese of South Carolina following the recent SC Supreme Court Decisions

From here:

Dear Brothers and Sisters in Christ,

Today legal counsel for the Diocese received written notification that both our motions for Recusal and for Rehearing were denied by the State Supreme Court.   The former was denied 5-0.   The latter was denied 2-2 with Justice Hearn abstaining and no fifth justice appointed to fill the vacancy.

For those parishes that are parties to the litigation, I encourage you, at this stage, to consult with your parish chancellor.  All parties to the case have previously discussed the timetable for a filing under the Betterments Statute.  Legal counsel can give you best directions for how to proceed with that process.  Our press release for this evening can be found here.

As you will remember, we began our week with our Annual Clergy Conference reflecting together on the Apostle Paul’s words in 2 Corinthians 1:3-11 and 12:9-10. Now this final ruling from the South Carolina Supreme Court coming as it does at the very end of the week presses us once again with the need to find comfort, strength, and courage from the Lord through these words of Holy Scripture. May I encourage you to revisit them—I believe they were prophetic in their timing for us. Meanwhile please know that I have spoken with our lead counsel, Mr. Alan Runyan, Fr. David Thurlow, President of the Standing Committee, as well as with Canon Lewis. A Standing Committee meeting has been called for this Tuesday morning, November 21, 2017.

I will write further to you and to the diocese once I have met with the Standing Committee and have more thoroughly examined the options before us. For now we will continue to stand forthright for the Gospel of our Lord Jesus Christ and in the faith once delivered to the saints!

Please continue to hold our Diocesan Leadership and Legal Counsel in your prayers.

Your brother in Christ,

–(The Rt. Rev.) Mark Lawrence, 14th Bishop of the Diocese of South Carolina

Posted in * South Carolina, Ethics / Moral Theology, Housing/Real Estate Market, Katherine Jefferts Schori, Law & Legal Issues, Michael Curry, Parish Ministry, Presiding Bishop, Stewardship, TEC Conflicts: South Carolina

Food for Thought from the TEC Bishop of Dallas reflecting on a recent “advert of the Hemlock Society”

I recently read an advert of the Hemlock Society, presenters at a diocesan convention, believe it or not. “We’ve moved far past these primitive notions of a God ruling life – perhaps now we can see how in such cases taking life enhances quality life – and our powers to affect this may be God’s will in our time – who is he anyway to command life and death – our methods are so pastoral now… .” The soft offer of half-truths to an opposite end – to learn whose soft voice that really is where spiritual safety lies. To hear God’s voice plainly as His, even in the modern hall of mirrors – what if that is the higher wisdom? To reject the soft, spiritual, skeptical voice, Girma Wormtongue’s, may be the key to Christian ethics.

Read it all.

Posted in * Anglican - Episcopal, - Anglican: Analysis, America/U.S.A., Anthropology, Death / Burial / Funerals, Episcopal Church (TEC), Ethics / Moral Theology, Religion & Culture, TEC Bishops

In a 2-2 Decision, the South Carolina Supreme Court Denies the Historic Diocese of South Carolina a rehearing

Today the Diocese of South Carolina (Diocese) was informed by mail that the South Carolina Supreme Court denied its motions filed for Rehearing and Recusal in its ruling in Appellate Case No. 2015-000622.  Doing so finalized a sharply divided ruling that could deprive at least 28 parish churches of their right to properties some have held for over 300 years.

Statement by the Rev. Canon Jim Lewis:
“We are deeply disappointed the Court did not see fit to recuse Justice Hearn.  Her personal interest in the outcome of this litigation, beyond the normal matters of law, has clearly influenced its outcome. That is unfortunate not only for the Diocese but for all the citizens of this State with concerns for a fair and impartial judiciary. We also find it disturbing that the weight of the Constitutional concerns raised was not given further opportunity to be addressed. Church property ownership in South Carolina is now gravely complicated.

Given the gravity of all these concerns, we will now give serious consideration to seeking review by the U.S. Supreme Court. We believe the number and character of the issues at stake in this ruling merit review by the high court. Because of the long road of litigation that has brought us to this day, all the parties to this case will need to take counsel together before deciding our next steps.

We remain confident that God is at work in even these circumstances to redeem and use them, as He does all things, for His glory and the building up of His Church.”

Read it all and follow all the links carefully.

Posted in * Anglican - Episcopal, * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, TEC Conflicts: South Carolina

(TLC) Eugene Schlesinger–How the ACNA helped me become an Episcopalian

Read it all.

I will take comments on this submitted by email only to KSHarmon[at]mindspring[dot]com.

Posted in Anglican Church in North America (ACNA), Episcopal Church (TEC)

Amicus Brief Filed By Religious Leaders in Support of the Diocese of South Carolina

Statement by the Rev. Canon Jim Lewis:   

“Friday’s brief illustrates well two essential problems with the current ruling of the Court. Because there is no legal consensus among the Justices, the ruling as it stands is, as stated in the brief, a “recipe for endless litigation.” As a consequence of misapplying neutral principles of law as intended by the U.S. Supreme Court, it violates rather than preserves, the First Amendment protections of religious liberty they are meant to ensure. Resolving these significant issues merits rehearing by the Court.”

The Diocese also provided the following list of additional details from Friday’s filed Brief:

  • “For over 300 years, since before the Founding of this Nation, members of the Respondent’s congregations contributed land, money and labor in reliance on settled South Carolina law – only to have this Court divest them of their property based on a canon unilaterally adopted centuries later by a national denomination. This outcome was possible only because the Court fashioned a new rule of law solely for this case, and this denomination. But that rule of law departs from this court’s precedents and imposes special burdens on religious associations relative to secular ones. Those burdens violate the First Amendment.” [p. 1]
  • Amici believe strongly that churches freely associated with each other can also freely choose to disassociate. And the exercise of that freedom should not come at the price of the tools for ministry established by local sacrifice… ” [p. 4]
  • “… the Court’s fractured decision leaves church property law in this state in utter confusion…. This confusion is a recipe for endless litigation.” [p. 2]
  • The U.S. Supreme Court’s ruling in Jones vs. Wolf established the use of neutral principles of law to settle church property disputes… “A court applying a neutral principles approach can only apply state law as it normally would; any other approach would be the opposite of neutral principles.” [p. 9]
  • As the Court has done in this case, “Giving legal effect to trusts declared in denominational documents is not even mere deference. It is giving denominations power to rewrite civil property law.” [p. 14] and that is in violation of the free exercise of religion.
  • “If that conception of “neutral principles” is correct, then no church can join a denomination without jeopardizing its property.” [p. 16]
  • “Any denomination could pass a retroactive internal rule that would appropriate congregants gifts and church property.” … “Without secure property ownership, many rounds of future litigation are inevitable.” [p. 18]
  • “If ownership no longer turns on publicly recorded deeds and trust instruments, but on the meaning of internal church rules and relationships, no one can know for certain who owns church property.” [p. 18]
  • “Moreover, the Court’s ruling could eviscerate otherwise clear titles” and harm “the rights of insurers and lenders” all with “not a single justice agreeing as to exactly how State title and property law apply in this dispute.” [p. 19]

Read it all and please take the time to read the full brief.

Posted in * South Carolina, Episcopal Church (TEC), Ethics / Moral Theology, Katherine Jefferts Schori, Law & Legal Issues, Michael Curry, Other Churches, Parish Ministry, Presiding Bishop, Religion & Culture, Stewardship, TEC Bishops, TEC Conflicts: South Carolina

A Prayer for the Feast Day of Samuel Seabury

Eternal God, who didst bless thy servant Samuel Seabury with the gift of perseverance to renew the Anglican inheritance in North America; Grant that, joined together in unity with our bishops and nourished by thy holy Sacraments, we may proclaim the Gospel of redemption with apostolic zeal; through Jesus Christ, who liveth and reigneth with thee and the Holy Spirit, one God, for ever and ever. Amen.

Posted in Church History, Episcopal Church (TEC), Spirituality/Prayer, TEC Bishops

(Tehachapi News) Life in St. Jude’s Anglican Church after the Split with the The Episcopal Church

In the 1970s, St. Jude’s in Tehachapi formed after a small group of Episcopalians began meeting in members’ homes within Tehachapi. Eventually, and with the assignment of a full-time priest for the Diocese of San Joaquin in 1977, they began worshiping out of a mortuary on the corner of Curry and C streets. Sunday school was held in the old Spencer Lees’ clothing factory where the Tehachapi Police Department is now located.

Eventually, the congregation desired their own church, so Spencer Lees donated 1.2 acres of land on the corner of Curry and Pinon streets, and the congregation raised the needed funds for the new building. The design, general contracting and much of the construction was accomplished by church members, many of whom are still members. The building was completed around 1985, and services commenced immediately at the new church.

“Our congregation built that church,” said Father Wes Clare, a priest of 20 years who has provided spiritual guidance for St. Jude’s in Tehachapi for 15 years.

According to Father Clare, Tehachapi is home to only five remaining Episcopalians. With no Episcopalian congregation in town to use the abandoned church, the Episcopalian Diocese decided to dispose of the asset.

Said Smith, “A few weeks ago, I noticed there was a ‘for sale’ sign up, so I called up the realtor and asked them how much, and they said it was $415,000.”

Read it all.

Posted in Law & Legal Issues, TEC Conflicts: San Joaquin, TEC Departing Parishes

(LA Times) St. James and TEC Diocese of Los Angeles leaders try to forge ahead

Local Episcopal Church leaders acknowledged the continual, bruising conflict that has surrounded the St. James the Great church in Newport Beach for the last two and a half years of off-and-on sale attempts, extending a promise to transparently work together with the ascension of a new bishop and the impending reopening of the long-shuttered sanctuary.

In a joint statement released Thursday titled “Making All Things New,” John Taylor, the successor to retiring Episcopal Diocese of Los Angeles Bishop J. Jon Bruno, Rachel Nyback, president of the diocesan Standing Committee governing body, and Rev. Canon Cindy Evans Voorhees, the priest who has continued to lead the St. James the Great flock, acknowledged the pain that has come from the sales attempts and related closure.

“The church’s sudden closing hurt the people of St. James,” they wrote. “Their leaders countenanced hurtful statements and tactics. This cycle of hurt strained relationships in the diocese. We will end the cycle by sharing our narratives openly and honestly, using reconciliation in relationship to rediscover our unity and purpose as a diocesan family in Christ.”

Read it all.

Posted in Episcopal Church (TEC), TEC Bishops, TEC Parishes

(WBFO) In Buffalo, NY, Converting Episcopal Church of the Ascension into senior housing becomes confrontational

The fight over converting historic Ascension Church at Linwood Avenue and North Street into senior housing turned into something of a confrontation between Buffalo’s Preservation Board and its Planning Board during Monday’s Planning Board meeting.

The Episcopal Diocese and an affiliate want to convert the century-and-a-half-old church into 28 units of low-income senior housing, wading through regulations on three different levels of government and concern the rules for financing the project might change.

The project has been in the works for more than two years, as various approvals were sought and various design changes were made, shrinking the project and moving a new building.

Charles von Simson said it is still not worth building in his neighborhood and other residents agree.

Read it all.

Posted in * Anglican - Episcopal, Episcopal Church (TEC), Housing/Real Estate Market, TEC Parishes, Urban/City Life and Issues