The California Supreme Court has issued a double-edged verdict in the Episcopal Church property cases, handing both the Diocese of Los Angeles and three breakaway parishes a defeat in their bids to control disputed church properties.
By a vote of 6 to 0 — with the seventh judge issuing a separate opinion that agreed with the ruling but rejected the legal arguments of the majority — the California Supreme Court rejected the Episcopal Church’s arguments that the state must defer to the church in adjudicating church property disputes. The judges held that California courts must use “neutral principles” of law to resolve church property dispute — giving no deference to claims made by the church hierarchy not found in the underlying title and corporate charters.
Good clear-the-fog article by Conger. It ought to be required reading for most of the reporters who covered the court decision for the secular media.
The seventh judge was absolutely correct — i.e., be honest, this was not a decision based on neutral principles but on deference to the hierarchy. The court stood equal protection under Calif. law on its head.
w.w.