(Anglican Ink) Richard Baker–The Diocese of Quincy: the mouse that roared.

The trial court in Quincy first handed a shock to TEC when it denied TEC’s summary judgment motion and ordering TEC to prove at trial that it was hierarchical….TEC was not prepared for this ruling coming out of the Adams County courthouse. Then, in a well-reasoned opinion after the trial, the trial court again disagreed with TEC, holding that: “There is no provision in TEC’s Constitution or Canons which require prior approval (by TEC) of a diocesan constitution or its canons. There is no express prohibition against withdrawal of a diocese.”

In a unanimous opinion, the Appellate Court also rejected TEC’s claims and held that TEC failed to prove that it was hierarchical. More importantly, it ruled that even if TEC were hierarchical, this was irrelevant because deference by the court to the determination of the hierarchy was not necessary since the property dispute could be decided using neutral principals of law. As stated by the Appellate Court:

This approach (neutral principals of law) may be applied in resolving property disputes, even within a hierarchical church organization, so long as the court need not decide a religious matter involving church doctrine, polity or practice. Read it all.


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