Fresno Appellate Court Reverses Trial Court in Episcopal Church Suit Against San Joaquin Diocese

Read it all (an eleven page pdf).

A.S. Haley offers this preliminary comment:

The ground upon which the reversal is ordered is that the case as presented by the plaintiffs Lamb and ECUSA in their first cause of action is not properly decidable by the secular courts without their becoming too entangled in First Amendment issues, such as who is the proper Bishop of San Joaquin. It holds that ECUSA’s recognition of Bishop Lamb is conclusive as to his position as Bishop of the Episcopal Diocese of San Joaquin, and to the continuity of that entity “for ecclesiastical purposes”, but it goes on to hold that the validity of the transfers of title to diocesan property by Bishop Schofield while he was still the Episcopal Bishop will have to be decided upon neutral principles of state corporate law, and also any relevant governing documents of the Diocese and the national Church.

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Posted in * Anglican - Episcopal, * Culture-Watch, Episcopal Church (TEC), Law & Legal Issues, TEC Conflicts, TEC Conflicts: San Joaquin