Attorneys for the diocese asked Houck on Thursday to move the case back into state court.
“Under federal law, there is no basis for federal jurisdiction,” attorney Alan Runyon said. He said property issues and the use of the diocesan name can be resolved under state law and don’t raise any constitutional issues.
He argued that under the South Carolina Nonprofit Corporation Act, a nonprofit’s membership in a large group is voluntary and it can end the association if it wants. “That doesn’t change because they are religious organizations,” he said.
But Matthew McGill, representing the diocese of parishes remaining with the national church, said the case concerns the First Amendment protections of freedom of religion.
The way AP is reporting it, TECs argument sounds weak.
Matthew McGill seems to be using the standard TEC Jedi Mind-Trick, which has worked so well in the past.
TEC’s argument [b]IS[/b] weak.
It is in the hands of the Judge, Weston Houck, now. We will see what in about a week what his decision is. However, I can tell you that if you read the last brief by the Diocese’s attorneys in which they asked for the suit to be remanded back to SC Circuit, the last item is a short summary of a case that Judge Houck decided to send back to Circuit Court. Nice little reminder to Judge Houck. Let’s hope Judge Houck is consistent and decides to send the case back to SC Circuit COurt where it belongs. TEC tried this tactic in Texas and it was sent back to state court. Keep up the prayers! TIA.
Wishing DioSC the best. In His Name.