Category : – Anglican: Primary Source
Citing significant departures from both state and federal precedents, the Diocese of South Carolina and 29 parish churches today filed a motion for rehearing in the South Carolina Supreme Court regarding its recent ruling in Appellate Case No. 2015-000622. In 2012, the Diocese of South Carolina, along with 50 of its congregations voted to disassociate from The Episcopal Church. In a complicated and sharply divided ruling consisting of five separate opinions, the S.C. Supreme Court ruled on August 2 this year that parishes which had “acceded” to the national church’s ‘Dennis canon’ are subject to a trust interest in their property by The Episcopal Church (TEC). Only eight congregations were judged to have full rights to retain their property.
In a decision that partly reversed the February 2015 Circuit Court ruling of Judge Diane Goodstein, the Supreme Court significantly changed court precedents in multiple areas and divested the property rights of at least 28 congregations and over 20,000 church members.
Grounds for Rehearing
While there are multiple legal issues in the ruling that merit rehearing, the most crucial are possibly the constitutional ones controlling cases of religious property. As stated in the conclusion to the petition: “The majority has fashioned a neutral principles standard for religious organizations under South Carolina property, trust and corporate law that admittedly would not be applied to secular organizations. It then applied it to religious organizations today in a fashion it did not do 8 years ago involving the same issues between the Plaintiff Diocese, The Episcopal Church and a parish church. It does so when no appellant asked the trial court, either during trial or post trial, to apply such a standard. As a result, the majority would transfer the real and personal property of South Carolina religious organizations, many of whom preexisted The Episcopal Church and the United States, to a New York religious organization. This establishment of one religion over another impacts the choices these South Carolina religious organizations (and those associated with them) made in the free exercise of their religion. They chose to disassociate, exercising their right of association under the United States and South Carolina Constitutions which this Court has recognized. Yet, according to the majority, that constitutionally protected decision, requires a massive transfer of centuries old real and personal property when it would not be required for a secular South Carolina organization.”
The petition concluded: “These are serious issues for Respondents, Appellants and for all religious organizations in South Carolina. This Court should grant a rehearing.”
There are however serious concerns. It is urged that we must look for contradictory positions to be resolved in ways which are ”˜in some way hidden from us’ (paragraph 8). No reason for this optimism is given, yet it is on this basis that the report says that it is still possible for Anglicans to ”˜walk together’ (paragraph 59) and claims this was what the Anglican Primates agreed when they met in Canterbury in January 2016.
What our resolution agreed in Canterbury actually said was that while ”˜It is our unanimous desire to walk together’, the actions of The Episcopal Church ”˜further impair our communion’. This is in line with the Jerusalem Statement and Declaration which identified rejection of apostolic teaching on sexuality and marriage as a manifestation of a ”˜false gospel’ which required godly discipline.
It seems therefore that the Church of England bishops have recommended the right thing for the wrong reason. They have retained the Church’s traditional teaching, but because they think that holding opposite views together will eventually produce a consensus, not because it represents an apostolic boundary.
This understanding is confirmed by the fact that the report encourages a relaxation of church discipline and confuses pastoral sensitivity with a permissive church culture which already tolerates, in practice, clergy who have contracted same-sex ”˜marriages’….
During this meeting the Committee substantially completed a daily devotional resource called Grace upon Grace: Voices around the World. This book will be available late in 2016, in both hardcopy and online as a PDF-file. It is intended to assist Lutherans and Anglicans to commemorate together the
500th anniversary of the beginning of the Reformation. This material illustrates the constant need for all churches be open to reform and renewal by the Holy Spirit. This is a six-week daily devotional resource, with contributions by Anglicans and Lutherans; men and women; lay and ordained from
around the world.
The themes are:
”¢ God’s mission in the world (Mission Dei)
”¢ Liberated by God’s Grace
”¢ Salvation ”“ not for sale
”¢ Human beings ”“ not for sale
”¢ Creation ”“ not for sale
”¢ Freed to serve (Diakonia)
Each day has its own theme, a Scripture passage and a reflection. In addition, there is a Eucharistic liturgy, inviting Anglicans and Lutherans to worship together. It is the Committee’s hope that this resource will be used by Anglicans and Lutherans in joint groups as well as by individuals. Above all, it is an encouragement for us to pray for and with one another.
Please join me in praying for the victims, dead and wounded, and their families of the horrific shooting attack at a nightclub in Orlando, Florida.
“Most merciful God, whose wisdom is beyond our understanding: Deal graciously with those affected, in their grief. Surround them with your love, that they may not be overwhelmed by their loss, but have confidence in your goodness, and strength to meet the days to come; through Jesus Christ our Lord. Amen.”
I had to work to take it in. My natural reaction was to keep the horror of this event at a distance- keeping my heart safe from grief and outrage. But slowly, and as an answer to prayer, the sadness, the weariness, the empty silence of mourning poured in. Someone said that the deeper the grief, the fewer the words. That’s how I feel. Words of condolence have little value in the face of this carnage. For right now, all we can do is grieve, pray and support the families of those who have died the best we can.
I will leave it to others to look for someone to blame. Instead ”“ right now ”“ all I want to do is to stand beside, pray, and love as best I can. There will be time later raise questions about security, gun violence, and homophobic rage. There is no justification for this atrocity. I categorically condemn what has happened. Better solutions must be found.
What I do believe is that love is stronger than death. The promise of resurrection brings courage, and the promise of “a new heaven and a new earth” should fuel all of God’s people to help build a better world.
“Thy Kingdom come; Thy will be done, on earth as it is in heaven.”
Vatican: Pope Francis decries Orlando massacre and prays for victims
In receiving the Archbishop of Canterbury’s formal report of the Primates’ Gathering and Meeting, ACC16 neither endorsed nor affirmed the consequences contained in the Primates’ CommuniquÃ©. There was no plenary discussion or decision with respect to the Primates’ CommuniquÃ©. From our perspective there did not seem to be a common mind on the issue, other than the clear commitment to avoid further confrontation and division. ACC16 did welcome the call for the Instruments of Communion and the Provinces to continue to walk together as they discern the way forward. No consequences were imposed by the ACC and neither was the ACC asked to do so.
During the meeting there were many opportunities, both formal and informal, to explore the ACC16 theme of ”˜Intentional discipleship in a world of differences.” This was done faithfully and respectfully.
The following letter from Bishop Anis is released with his permission–KSH. [pdf]
My dear brother archbishops,
Greetings in the name of our Lord Jesus Christ. I am writing to let you know that I have decided not to attend the ACC-16 in Lusaka. My decision has come after a long period of prayer and conversations. As many of you know, it is not easy for me to withdraw from meetings, but this time I felt that if I were to attend, I would be betraying my conscience, my people, and the Primates who worked hard last January to reach a temporary solution in order to keep walking together until such time as we can reach a permanent solution.
I thought that the decision of the Primates’ Meeting in January would be followed through and TEC would not be represented in the Standing Committee of the Anglican Communion but sadly this is not the case.
I don’t mind the participation of TEC in the General Meeting of the ACC, but the decision of the Primates was very clear that they should not be nominated or elected in internal standing committees.
Although I was disturbed by the statements made by the chairman of the ACC while he was in the USA, I had still intended to attend the meeting. However, as it became clear that the decision of the Primates’ Meeting about the participation of TEC in the Standing Committee would be disregarded, it was then that I decided not to attend.
I see that there is a lot of confusion about the role of the Primates’ Meeting and the ACC. Neither have jurisdiction within provinces, but both have roles in regulating the relationship between provinces. The Primates’ Meeting has “enhanced responsibility in offering guidance on doctrinal, moral and pastoral matters” (Lambeth 1988) and to make “intervention in cases of exceptional emergency which are incapable of internal resolution within provinces, and giving guidelines on the limits of Anglican diversity” (Lambeth 1998). Some think that because the ACC is the most representative of the instruments (including bishops, clergy, and laity), it is more authoritative. This is not true. It’s very name, “consultative”, reminds us that it is not an “Anglican Synod” but merely an advisory group. The Instruments of Unity, in order to have good relationships, need to support each others’ decisions in those areas of responsibility given to them by Lambeth Councils.
I will be praying for the members of the ACC-16 so that they may affirm and respect the decisions of the Primates’ Meeting. If this happens, it will bring hope back and we will be able to think of the future together.
The Most Rev. Dr. Mouneer Hanna Anis
Archbishop of Episcopal / Anglican Diocese of Egypt with North Africa and the Horn of Africa
Despite past history the GAFCON Primates decided to attend the January meeting. They demonstrated a love for the unity of the Communion but on a basis of common faith. They have not yet given up on the Communion. But ACC’s actions so far confirm their suspicions that they are being misled and manipulated and even an orthodox Archbishop of Canterbury cannot stop it.
How can ACC not accept the Primates’ decision? Why is it arrogating such roles to itself? Nigeria, Kenya and Uganda are right in drawing a firm line on the sand. Their approach is principled, not managerial or political.
Politically, TEC holds powerful cards ”“ money, power, access, communication, control of the media and leverage. But did TEC accept the Primates decision in January in the light of what they look on as a replay in Lusaka?
Posted on Anglican Ink [pdf]
16 March 2016
Your Graces, dear brothers in Christ
As we enter Passiontide, with less than two weeks until Easter, I wanted to write to wish you all a celebration of Holy Week and the day of Resurrection that is all-consuming in its joy and power. Uniquely, we proclaim a saviour who has overcome death, having lived fully through every experience and temptation of life, and having himself died.
Our great enemy, who tells us that all things end in pointlessness, is defeated by the empty tomb, and with all Christians around the world, we should celebrate without limit.
On Easter day, at Canterbury Cathedral, full of the memories of our Meeting in January, I shall be praying for you and rejoicing in your fellowship in the proclamation of the good news of Jesus Christ.
Since that Meeting, there have been numerous developments. First, we should be aware of the great rejoicing and thankfulness that the outcome of the Meeting gave to many Christians around the world. We have all received numerous comments of thankfulness that the Anglican Communion, deeply divided in many areas, managed in the part of its leadership which is the Primates’ Meeting, to vote unanimously, amongst those present, to walk together. As you will remember, at that crucial moment, we undertook to seek personally to ensure that what we voted, was put into practise.
Since that time, as I undertook to you, I have followed through by changing the representation of those bodies where I have the ability to make a decision, so as to put into effect the agreement we reached amongst ourselves.
We must, of course, remember that as in the early Church, as we read in the Acts of the Apostles, there is never an end to these issues. So long as the Church is made up of human beings, it will be made up of sinners. In consequence, we will take decisions and say things that are inappropriate or wrong. The strength of the East African revival was not that it produced sinless people but that it taught sinners to walk in the light. That meant that they were to confess their sins, repent and acknowledge them.
The issues which have divided us over so many years still exist, and will resurface again at the Anglican Consultative Council (ACC) in Lusaka. We are called as Primates to work closely with the ACC, as they are called to work with us. For example, Resolution 52 of the Lambeth Conference 1988 said: “This Conference requests the Primates’ Meeting and the Anglican Consultative Council to give urgent attention to implementing the hope expressed at Lambeth 1978 (and as confirmed by recent provincial responses) that both bodies would work in the very closest contact.”
At Lambeth 1998, Resolution III point 6, as well as affirming “the enhanced responsibility here in offering guidance on doctrinal, moral and pastoral matters” of the Primates’ Meeting, also said that the responsibility of the Primates’ Meeting “should be exercised in sensitive consultation with the relevant provinces and with the ACC or in cases of emergency the Executive of the ACC, and that while not interfering with the juridical authority of the provinces, the exercise of these responsibilities by the Primates’ Meeting should carry moral authority calling for ready acceptance through the Communion”.
There are numerous other examples indicating that we should work closely together.
In all cases, back as far as 1857, it is well recognised that there is no single body within the Anglican Communion that has juridical authority over individual provinces. We are autonomous but interdependent.
For these reasons, I hope and pray that every province that is able will be present in Lusaka. The decisions we took in January can only have effect if they gain general ownership amongst the Communion, taking in laity, priests and bishops. Even if a province is not able to be present, I urge you to pray fervently for the outcome of the ACC. We will need to elect a new Chairman, and such a position should be someone, who, speaking the truth in love, seeks to unite the Communion in truth-filled service to Jesus Christ, and not to uphold any particular group at the expense of the Common Good, so long as we are within acceptable limits of diversity.
The ACC is the only body in which laity and clergy, other than bishops, are represented, and is thus of a special importance. It will discuss many matters, including those that we raised in January at Canterbury. These will include our evangelism and witness, the impact of climate change, our response to the great global refugee crisis, our support for those caught in conflict, and above all persecution.
Only those who are present will be able to make their voice heard and their votes effective. I therefore urge you to make every effort to join us in Lusaka, so that, in the presence of the risen Christ, we may continue our often painful, but ever hopeful journey in his service.
This brings my love, respect and commitment to service in the name of Christ our peace, Christ our saviour and Christ our truth.
+ Justin Cantaur
The Most Reverend and Right Honourable Justin Welby
Archbishop of Canterbury
The strength of the Church of Nigeria (CON) is not just from its massive size, though massive it is at more than twenty million active members! This statement demonstrates their ability to think clearly, and communicate articulately. It also demonstrates the lie of Jack Spong’s assertion at the 1998 Lambeth Bishop’s Conference that the African Bishops were operating out of ignorance. Besides the fact that the Nigerian arguments are rock solid, anyone who correctly uses “ palaver” gets a tip of the hat! Besides that, an overwhelming percentage of Nigerian (and other African Provinces’) Bishops have earned advanced degrees. Far more than in the US, Canada, or England.
Notice that in response to the inability of the Communion to deal with the theological crisis adequately, the CON had the vision to modify their constitution to limit their relations to those Provinces and Dioceses that maintain historic, Biblical faith.
Here they rightly put the focus on The Word of God instead of on institutional decisions and/or loyalties.
Quite bluntly, Presiding Bishop Curry is resurrecting a 20 year old term to further dilute the teaching of the Anglican Communion. The message from TEC is that if it’s not part of the “Core Doctrine” of the Christian faith everyone should agree to disagree and just move on. You see, “core doctrine” is yet another attempt by TEC to refashion Anglicanism into something that is entirely other than Biblically faithful.
This is the problem with the term “core doctrine” and how Presiding Bishop Curry is using it. It can mean anything you want it to mean, or need it to mean, for your purposes. It has no objective standard or rule against which it can be measured””other than the thin gruel the Righter Court stated in its bullet points.
The Church of Uganda will boycott the April meeting of the Anglican Consultative Council in Lusaka.
In a letter dated 23 February the Archbishop of Uganda, the Most Rev Stanley Ntagali, said comments made by ACC chairman Dr James Tengatenga that the Americans could not be kept away from the meeting, and statements by Episcopal Church leaders that they would pay no heed to the primates’ call that their Church withdraw from pan-Anglican bodies for three years had led inevitably to this outcome. Distrust over the efficacy of American promises of good behaviour were a long standing problem in the Anglican Communion, Archbishop Ntagali said.
He cited the 2003 incident where Presiding Bishop Frank Griswold promised not to consecrate Gene Robinson, an undertaking given at the emergency Primates’ Meeting held at Lambeth Palace, and his decision shortly thereafter to serve as Robinson’s chief consecrator.
Many believed that marriage is part of core doctrine. No individual church can change core doctrine. Many felt that the expansion of who may be married on our part was a change in church doctrine. Therefore it was in part on that basis that many felt that we had overstepped our authority as a province. I didn’t agree with that but I respect that that was the understanding of many. For me, marriage is not part of core doctrine. The doctrine of the Holy Trinity is core doctrine. The doctrine of who Jesus Christ is ”“ wholly God and wholly human ”“ is doctrine. The articles of the Creeds are doctrine. The Holy Scriptures and the Old and New Testament are core doctrine. Other sections of the Chicago”“ Lambeth Quadrilateral are core doctrine. Marriage is a sacramental rite, it is a solemn and sacred matter of faith and practice. But it is not core doctrine.
Their action was surgical, specific, and mediated. Because we are seen as having deviated from doctrine of the Anglican Communion, for three years we are suspended on ambassadorial and leadership positions.
What the Primates said applies to the Primates. It does not apply to ACC.
The Archbishop of Canterbury’s opening address in which he told us what really happened at the Primates’ Gathering, behind all the spin. Remember that report that the Primates had had their phones taken away? Not true! In fact they delighted in waving them at the Archbishop to prove it. On the positive side, there were clearly moments when prayer and the presence of the Spirit changed everything, and made communion real. Alleluia!
The Episcopal Church “cannot be kicked out of the Anglican Communion and will never be kicked out of the Anglican Communion,” the chairman of the Anglican Consultative Council told a seminary audience last week.
In a public conversation with the dean of the School of Theology of the University of the South held on 11 Feb 2016, the Rt. Rev. James Tengatenga said the legal and ecclesial structures of the Anglican Communion did not permit the primates, or any other “instrument of communion”, to discipline a member church.
Dr. Tengatenga said that in his view, the impression that the primates could take decisive action arose from a confusion of roles. In most provinces, bishops were tasked with preserving the doctrine and teaching of the church. When bishops gathered in mass in gatherings such as the Lambeth Conference, or when the leaders of provinces met at the primates meeting, the participants were often under the impression that their deliberations had the same standing as they would have in their home churches.