Central New York Episcopal Diocese Sues Church of the Good Shepherd in Binghamton

The Episcopal Diocese of Central New York filed a lawsuit today against Church of the Good Shepherd in Binghamton, New York seeking the seizure of the church building, the parish hall, and the rectory. This is the third church which Episcopal Bishop Gladstone “Skip” Adams of Syracuse has moved against to seize since 2006, and the second church he has actually sued. The priest at Good Shepherd is Fr. Matt Kennedy who is a commentator on the internationally known Stand Firm website.

The Church of the Good Shepherd was a small struggling congregation when Bishop Adams took over the diocese as its new bishop. One of the first priests he ordained was Fr. Kennedy, who then went to Good Shepherd and raised it to be a vibrant congregation doubling its Sunday morning attendance. Since taking the church in Binghamton, Fr. Kennedy has acquired a reputation as one of the most widely read and respected commentators of church news in the Anglican Communion. Today, however, that same bishop who ordained him has sued his church, and refuses to even to acknowledge that Fr. Kennedy is a priest, referring to him as “Mr. Kennedy” in correspondence. In a cover letter to the summons, the lawyer for Bishop Adams likewise followed suit, and addressed the priest as “Matt Kennedy” and “Mr. Kennedy.”

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

42 comments on “Central New York Episcopal Diocese Sues Church of the Good Shepherd in Binghamton

  1. Henry Greville says:

    Just asking for information: Has any New York State court yet ruled whether an independently founded Episcopal congregation may sever ties with its Diocese and maintain ownership of its property?

  2. CanaAnglican says:

    Mr. Adams needs to exercise a modicum of caution. He may wind up with an empty building on his hands and God on his case.

    So far he has slapped Mr. Kennedy with a glob of thorns, but they seem to be taking the shape of a crown.

    Let’s all pray that Lord will change the heart of Mr. Adams and also ease some of the thorns off Mr. Kennedy’s brow.

  3. New Reformation Advocate says:

    Hopefully, by the time this case is actually tried in New York, the lawsuits in CA and VA will have been setttled and won by the parishes that have departed TEC. Who knows what difference that may make, even in the NY courts?

    The heavy-handed tactics of +Adams are going to backfire on him eventually. In the meantime, let us pray for Matt and Anne Kennedy. May the Good Shepherd himself protect them and their young family and church from that hireling, that wolf in sheep’s clothing who wears the miter in Syracuse.

    David Handy+

  4. Cennydd says:

    Most of the things that my family and friends in CNY have to say about Skip Adams aren’t fit to print, so I won’t print them. Needless to say, I’m glad I got out of there years ago.

  5. gppp says:

    Cennydd — How much of the current mess in CNY was +Whitaker’s making? My memory of him was from his days as Dean of the cathedral in Orlando. He didn’t seem all that bright to me.

  6. David+ says:

    The actions of Bishop Adams (and other bishops) will come back to haunt him (and them) in profound ways. God in His justice will deal with false shepherds in His good time and way. May Fr. Kennedy, his family and wider parish family be given all grace to stand firm in their witness to the Gospel of Jesus Christ.

  7. David Hein says:

    I was much amused by the author’s notion that references to Fr. Kennedy as “Mr. Kennedy” somehow constituted a denial of his priesthood.

    The Low Church / High Church designations reminded me of a well-known story involving Right Rev. Noble C. Powell, bishop of Maryland from 1943 to 1963. He telephoned a leading Anglo-Catholic rector in the diocese and reached his secretary. “Is Mr. Jones in?” he asked. “No, FATHER Jones is not here,” the secretary replied. “When will Mr. Jones be back?” the bishop asked. “FATHER Jones will be back this afternoon.” “Well, please tell Father Jones that GRANDFATHER Powell called, please.”

    That story may be found on p. 168 of a biography (recently reissued in paperback) of one of the greatest bishops the Protestant Episcopal Church in the United States ever produced:
    http://wipfandstock.com/store/Noble_Powell_and_the_Episcopal_Establishment_in_the_Twentieth_Century

  8. Irenaeus says:

    Henry [#1]: The Church of the Holy Comforter in Poughkeepsie, technically a “free church,” prevailed in a lawsuit brought against it by the Diocese of New York.

    Board of Managers v. Church of the Holy Comforter, 164 Misc. 2d 661; 628 N.Y.S.2d 471 (Dutchess County 1993). The appellate court summarily affirmed that decision.

  9. Irenaeus says:

    David [#7]: Thank you for the reminder about that very fine book—a window into a very different world of ECUSA polity.

  10. David Hein says:

    Thanks very much, Irenaeus, for your generous comment.

    Yes, the entire Episcopal world was quite different then, and I hope we don’t lose sight of its many positive features. Very little history has been written about that very important postwar period or about the remarkably well-grounded leaders the Church had then.

    We can still learn a great deal from wise shepherds like Noble Powell, who, as so many said at the time, truly lived up to his name.

  11. Franz says:

    To #7 — Thanks for your reminder of low church usage. Many years ago, I attended Trinity Church in Boston. The rector was always addressed as “Mr.” —
    Low church usage also has another advantage — you can address the female members of the clergy as “Ms.” with no disrespect. If the male clerics are “Father,” then female clerics ought to be “Mother.” Somehow, when I hear that usage, I always think of episodes of the Flying Nun.

  12. Adam 12 says:

    It used to be that the church gave people the death sentence when someone preached something unpopular. It would now seem that the “enlightened” church has commuted that to a life imprisonment of being systematically stripped of your title, priesthood, benefits and property. Yet how thankful are we here of the Kennedys’ clear Christian witness. I just want them to be aware of the joy they bring to so many through their exercise of the freedom that comes only from Christ our Savior. My prayers are with them and their parish during this time of trial.

  13. William P. Sulik says:

    Music to sue Christians by:

    http://www.youtube.com/watch?v=0K9nxMoCs4s

    /Episcopal Church Organ Version.

  14. dwstroudmd+ says:

    Ah, the revisionist take on Shakespeare:

    “To sue or not to sue
    That is the question!
    For by suing we prove or being
    And not to sue is not to be.”

  15. Jill C. says:

    William (#13), thanks but no thanks for that organ video! If we have to sing that song let’s sing it with guitar accompaniment. 😉

  16. Words Matter says:

    Is Bishop Adams the one who went after one of his other priests last year? Am I thinking of another NY bishop? That priest (and I am possibly thinking of the wrong diocese) fronted out the bishop for protecting another priest with a history of molesting children. Is my memory faulty on this?

  17. Undergroundpewster says:

    #13, I set it to words
    [blockquote]We are two our lawsuits, we are two in the courts
    We are two in our lawsuits, we are two in the courts
    And we pray that all property may one day be restored
    And they’ll know we are Episcopalian by our suits, by our suits
    They will know we are Episcopalian by our suits.

    We will work against each other, we will tear hide from hide
    We will work with each other, we will tear hide by hide
    And we’ll lose our dignity by showing each one’s pride
    And they’ll know we are Episcopalian by our suits, by our suits
    They will know we are Episcopalian by our suits

    We will balk when we see each other, we will walk balk we will balk
    We will balk when we see each other, we will walk balk we will balk
    And together we’ll spread the news that our feet are in the sand
    And they’ll know we are Episcopalian by our suits, by our suits
    They will know we are Episcopalian by our suits [/blockquote]

  18. Undergroundpewster says:

    OOPs, I meant “two in our”

  19. Kevin Maney+ says:

    NRA #3, Agreed. But let us also pray especially for the bishop (per, e.g., Luke 6:27ff and Romans 12:17ff), even as we stand firm in our opposition to his unChristian behavior in this instance.

    To do otherwise reflects poorly on us and does not serve to bring honor and glory to the Name.

  20. Cole says:

    Undergroundpewster: The same song also keeps running through my mind along with your ironic twist.

    Just fifteen minutes ago I invited a grad student to an inaugural church plant service. I have to apologize for TEC’s behavior and say that this church community will be different. We can be open and creative in our worship style, but not with the theology. There probably will be no mention of the discredited word [i] Episcopal. [/i]

  21. Nasty, Brutish & Short says:

    David Hein,
    It seems to me that Bishop Noble was quite rude when he called the Anglo-Catholic rector, and used a title the rector did not prefer. It’s rather selfish to put one’s own preferences over the preferences of others.
    Similarly, I am pretty sure (at least I think) that Matt Kennedy prefers to be called “Father Kennedy.” Surely his Bishop knows his preference, anyway. You are right that “Mr.” is not necessarily a denial of priesthood. But when “Father” is what is preferred, it is easy to see what the Bishop’s intentions were.

  22. Violent Papist says:

    I think the Bishop Noble story is absolutely hilarious. But I don’t think he was particularly rude to the rude secretary either – I recall reading very old (as in long before Noble Powell) documents from the Archdiocese of Baltimore, and the secular clergy were often referred to as Mr. or Dr. as would have been the custom of the English clergy up until the late 19th century. It simply is not true – or at least an oversimplification – to say Mr. equals Protestant and Fr. equals Catholic, though it was indeed a source of contention in Anglican churchmanship wars.

  23. David Hein says:

    No. 21: Just checked the original source, and my paraphrase above may have misled you by referring to a “prominent” A-C rector (like Don Frank Fenn). In fact, I think that in this case, Powell did not know that the clergyman had this preference. Or it might have been that the clergyman really didn’t care (my father, an Episcopal minister, mentioned one time that people, like realtors, often called him “Father” when they wanted something out of him!) but that his secretary thought the designation proper. In any case, my point is that Bishop Powell would not have been intentionally rude. He tended to be a Low Churchman, but if you read the book you will see how devoted he was to Catholic order and tradition in the Episcopal Church. He made his confession to a priest at Mount Calvary, and he was well loved by A-C clergy in the diocese, who found him a refreshing change from his doctrinaire Low Church predecessor, Bishop Helfenstein.

    “Father,” as you may know, is a fairly recent usage. Powell, I think, loved it when former UVa students called Diocesan House in the 1940s and 1950s and asked, often in a southern accent, to speak with “Parson.” That’s what he was called when he was in Charlottesville–helping to put student ministry on the national map–in the 1920s. “Parson,” as you know from Chaucer’s Canterbury Tales, Blackstone’s Commentaries, and elsewhere, is an old and honorable title for an Anglican clergyman.

    The biography may be more accessible to readers via Amazon, where readers offer many interesting comments:
    http://www.amazon.com/Episcopal-Establishment-Twentieth-Century-Anglican/dp/0252026438/ref=sr_1_11?ie=UTF8&s=books&qid=1208369719&sr=1-11

    And don’t overlook its “companion” volume, the new biography of a man Powell came to know and like, Abp Geoffrey Fisher:
    http://www.amazon.com/Geoffrey-Fisher-Archbishop-Canterbury-Theological/dp/1597528242/ref=sr_1_3?ie=UTF8&s=books&qid=1208369796&sr=1-3

    Thanks again for your interest!

  24. Irenaeus says:

    “The Bishop Noble story is absolutely hilarious”

    Agreed. And thinking up “grandfather” took both good humor and a quick mind.

  25. Cennydd says:

    #5 gppp: They’re equally to blame.

  26. Cennydd says:

    Let me put it this way:

    A bishop is addressed as “Bishop, or the Right Reverend,” a priest is addressed as “Father, or the Reverend, ” and a deacon is addressed as ” Deacon, or the Reverend Mister.” Or at least that’s what I was taught 45 years ago.

  27. dwstroudmd+ says:

    Ah, the essence of episcopalianism new thang (c) is suing. They’ll know we are epicopalian by our suits, by our suits. They’ll know we are new thang(c)-ers by our suits.

    Does this place GLBT? in second place of concern? Has anyone informed the country bishop of New Hampshire? Has he held a press conference about it or merely informed his Lambeth under-protege that it needs be added to the material?

  28. mathman says:

    Let us not become distracted by Mr. Kennedy as against Fr. Kennedy. I recently learned from our Rector (All Saints, Chevy Chase, Maryland) that from the founding of All Saints in 1901 up until the recent past, all Rectors were called Mr.
    That was simply the custom.
    Nothing perjorative about it.
    Can we stick with the issue: the Denis Canon, adopted (apparently) without benefit of the Canons then in force?
    The Denis Canon appears to have come into force by extra-canonical activities which have the same flavor as the recent non-majority depositions about which you all have read.
    Or, to put the question, must The Episcopal Church be bound by its own rules of procedure?
    I guess not.

  29. Henry Greville says:

    A late friend who served as a priest in the Diocese of Los Angeles for over 50 years once told me that so many hard feelings that hindered the Church’s mission had been generated by High Church-Low Church controvery during his lifetime that he had decided to be happy to answer to “Hey, you!”

  30. Henry Greville says:

    And thank you, Irenaeus (#8) above. I hope the counsel for Good Shepherd, Binghamton, takes note.

  31. Jason S says:

    All of this litigation is sad, pointless, and self-destructive.

    On this board and on “reappraiser” boards, the focus is on which side is to blame for the litigation. While I have an opinion on the subject myself, I don’t think who is to blame ultimately matters much. Whether your goal is to preserve an “orthodox” Anglicanism or create an “inclusive” Episcopal Church, both sides will come out of this diminished and discredited. If I were someone on the outside looking for a spiritual home, I would not want to join a church that is suing people or being sued because its members can’t figure out how to resolve their disagreements without involving the civil courts.

    It certainly makes me consider the question of whether Anglicanism still has a useful or relevant place in Christianity, or whether it is another historical dead end like so many other local expressions of Christianity that flourished for a time and then disappeared.

  32. Irenaeus says:

    Henry [#30]: Good Shepherd’s lawyer, Raymond Dague is one of the top church-property lawyers in the country. (Unlike me, he’s also a New York lawyer.)

    For those interested in the subject, I’d recommend A Guide to Church Property Law: Theological, Constitutional and Practical Considerations (2006), edited by Lloyd J. Luneford and published by Reformation Press. It’s 226 pages long and not ponderously legal. Contributors include Dague, Thomas Oden, and Wicks Stephens.

    http://www.amazon.com/Guide-Church-Property-Constitutional-Considerations/dp/0971191964/ref=sr_1_1?ie=UTF8&s=books&qid=1208387012&sr=8-1

  33. Larry Morse says:

    No matter what the result, he cannot win this case. If he drives the congregation out, he will be seen as a common bully, but a powerful one. And he will have a building he has no occupants for but for which he must pay. Moreover, he is attacking a man of excellent reputation so his attack will seem mean spirited and heartless. If he loses the case in court, he will have set a precedent and the congregation, still in its own home, will be seen as victors is a cultural as well as a legal sense.
    This is a desperation suit. As Thoreau said, desperate people do desperate things. Larry

  34. Islandbear says:

    The list may be interested to know that the NY Court of Appeals has granted leave to appeal in Diocese of Rochester v. Harnish — the case of our (now) Church of Uganda congregation All Saints, formerly of Irondequoit. The Supreme Court had held for the Diocese, and this was affirmed by the 4th Department of the Appellate Division. It interesting that they chose to grant leave rather than simply affirming the decision below.

    Islandbear+

  35. WestJ says:

    I thought the reference to St Andrew’s parish was interesting. Apparently they surrendered their property and “are thriving” elsewhere. Meanwhile, the parish stands empty and is for sale.

    How many empty churches does the “good bishop” want?

  36. Now Orthodox says:

    Mathman,
    You (and everyone else for that matter) might find this link interesting. Obviously TEC has not followed the canons for quite some time.
    Peace to all faithful Anglicans.
    Barry

    http://mcj.bloghorn.com/1725

  37. rob k says:

    My understanding is that “Father” was not used in the RC Church very much until some time in the 19th century, and is still not common usage in many Mediterranean countries. RC people, please refine or correct this if necessary. Thx.

  38. Undergroundpewster says:

    #36 Now Orthodox,
    Thanks for the link.

  39. nwlayman says:

    I was told that in my Episopal parish (this is 40 + years ago) it was fun to call and as to speak to “Father -last name”. The secretary of the very low church clergyman would icily reply that “MISTER -last name” would be with them shortly…No one, it seems, ever called him “Father” twice.

  40. Bob Lee says:

    Matthew 23:9
    And do not call anyone on earth ‘father,’ for you have one Father, and he is in heaven.

    bl

  41. New Reformation Advocate says:

    Bob Lee (#40),
    While your citation of Matt. 23:9 is an apt reminder of the humble attitude that we should all have as Christians, and especially those of us ordained to leadership in the Church, I trust you realize that this often-abused text wasn’t written in opposition to the widespread Roman Catholic/Anglo-Catholic practice of calling priests “Father so and so.” Exegetically, it’s clear that Matt. 23:9 is saying not to even call your earthly dad “father,” because your real Father is in heaven. Few of us take that literally as binding today. Likewise, the text says to call no one “Teacher” (or Rabbi), or presumably, “Professor” or “Dr. so and so.” It is an amazingly and radically egalitarian text, one of the most radically anti-clerical in the whole Bible (at least in one sense).

    And yet, this same gospel, Matthew, contains a promise to Peter that clearly gives him a special role in the Church (see the famous passage in Matthew 16:18-19:

    “You are Peter (Petros) and on this rock (petra) I will build my Church…I will give you (singular, i.e., Peter) the keys of the kingdom
    of heaven…”

    And other NT texts make it clear that various offices did in fact arise with divine approval in biblical times, whether the “apostles, prophets, evangelists, pastors and teachers” of Eph. 4, or the “overseers” (bishops), “elders” (priests, presbyters), and “servants” (deacons) of First Timothy and Titus.

    Personally, I have no problem with being called “Fr. David,” or “Father Handy,” but I also have no problem being called “Mr. Handy” or “Dr. Handy” or even “Brother Handy.” Titles and polite courtesies don’t mean much. It’s the attitude that counts.

    Or so I believe anyway.

    David Handy+

  42. rob k says:

    When I was baptized and confirmed at the age of 16, the priest at my parish pulled that same line on me – “Jesus siad to call no man on earth “Father”.”.Bless him in many ways, but he was violently anti-High Church and Roman Catholic.