Category : TEC Conflicts: South Carolina

Federal Judge hands TEC another setback as its new Diocese battles the historic one in Court

U.S. Judge Delays Hearing on Episcopal Church Appeal Demanding Identity of Diocese of South Carolina, Pending State Court Decision

Judge refuses to confuse the rightful ownership issue as it proceeds to state Supreme Court this week

CHARLESTON, SC (Sept. 21, 2015) ”“ A federal judge handed the Episcopal Church (TEC) and its local subsidiary, the Episcopal Church in South Carolina (TECSC) a setback today when he refused the request to reconsider a decision about who rightfully owns the Diocese of South Carolina identity, trademarks and other intellectual property.

Bishop Charles G. vonRosenberg, who heads TECSC, has repeatedly alleged that the property and identity of the Diocese of South Carolina actually belongs to the Episcopal Church and was wrongfully taken by Bishop Mark Lawrence, who heads the Diocese which left TEC in 2012.
Federal District Judge C. Weston Houck originally dismissed vonRosenberg’s claim in 2013, recognizing that the essential issues of the Diocese’s identity would be resolved by the South Carolina courts. Last February, South Carolina Circuit Judge Diane Goodstein ruled the Diocese of South Carolina was, in fact, free to leave the denomination and keep its property and assets. TEC appealed that decision and the appeal will be heard by the South Carolina Supreme Court on Sept. 23.

Meanwhile, TEC appealed Judge Houck’s decision to the U.S. Court of Appeals for the Fourth Circuit. The appellate panel ordered Judge Houck to reconsider his earlier dismissal of the case using a different legal standard for that decision. The panel decision was largely procedural. It did not issue any opinions about the merits of TEC’s claim.

In today’s decision to delay any further hearings pending the outcome of a South Carolina Supreme Court decision about the case Judge Houck wrote, “Regardless of the [state Supreme Court’s] ultimate decision, Bishop vonRosenberg’s rights will necessarily be addressed and will be adequately protected in the state court action.”

He referred to the Supreme Court hearing, scheduled for Sept. 23, as “the parallel state court action.”

“Basically, the Judge is saying that if the Supreme Court upholds the state ruling the case will be dismissed,” said the Rev. Jim Lewis, Canon to Bishop Lawrence.

Houck applied the Colorado River Abstention doctrine to conclude that the factors in this case presented the “exceptional circumstances” to warrant abstention.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Church History, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Presiding Bishop, Stewardship, TEC Conflicts, TEC Conflicts: South Carolina, TEC Polity & Canons, Theology

Prayers Requested for South Carolina Supreme Court Hearing, September 23, 2015

Gracious Lord, we pray that your will would be done through this trial. May we want what you desire. Speak your words alone through Alan Runyan and the other attorneys who represent us. May the courtroom be filled with the pleasant aroma of Christ, and at the end of the day, protect this Diocese and its parishes that we might bring the redemptive power of the biblical gospel to the South Carolina low country and beyond. Let not our fear of outcomes tarnish our joy or deter us from the mission you have given us. Teach us to bless and never curse those on the other side of this conflict. Thy will be done on earth as it is in heaven. And make us victorious over-comers wherever this road leads. For we ask it all in Jesus’ Name. Amen.

It is by God’s grace we have come this far. It is his grace that will bring us home.
On Wednesday, September 23rd, at 10:30 a.m., the Diocese of South Carolina will enter into oral arguments before the South Carolina Supreme Court. The Court has agreed to hear TEC’s appeal of the trial court ruling in our favor that was announced by Judge Goodstein on February 3rd of this year. In that order, Judge Goodstein ruled that the Diocese and its parishes:

Ӣ Are the owners of their real, personal and intellectual property.
Ӣ TEC has no legal, beneficial or equitable interest in any of those properties.
Ӣ TEC and its officers and agents were permanently enjoined from using our names or symbols.
Ӣ All the TEC counterclaims in the trial were dismissed with prejudice.
Ӭ
It is our prayerful hope that the state Supreme Court justices will uphold this decision in its entirety….

Read it all.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Church History, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Spirituality/Prayer, TEC Conflicts, TEC Conflicts: South Carolina, Theology

Lent & Beyond: Prayer for the Diocese of South Carolina

The hearing of the appeal by TEC and its local agents against the Diocese of South Carolina starts today at 10:30 am Eastern Time.

Prayer for the Diocese of South Carolina posted on Wednesday September 23rd

We ponder the mystery that today’s court hearing for the South Carolina dioceses is on Yom Kippur, “the great day of covering over,”
and we honor Jesus, who paid the ransom for our sins with His precious blood.
Forgive us our trespasses as we forgive those who trespass against us.
We appeal to heaven and humbly ask for an alignment of this court case with Your perfect justice and righteousness.
We bless the South Carolina Court and Justices, the lawyers on both sides of this case, and the churches they represent.
May Your name be honored in all of the proceedings.
Your kingdom come to this hearing, Lord.
Your will be done as it is in heaven. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 21st

For the LORD’s portion is his people, Jacob his allotted inheritance.
You are worthy, our Lord and God, to receive glory and honor and power, for you created all things, and by your will they were created and have their being.
In a desert land he found him, in a barren and howling waste.
Worthy is the Lamb that was slain to receive glory.
He shielded him and cared for him; he guarded him as the apple of his eye,
Worthy is the Lamb that was slain to receive power.
like an eagle that stirs up its nest and hovers over its young, that spreads its wings to catch them and carries them on its pinions.
Worthy is the Lamb that was slain to receive strength.
The LORD alone led him; no foreign god was with him.
Worthy is the Lamb that was slain to receive honor.
He made him ride on the heights of the land and fed him with the fruit of the fields.
Worthy is the Lamb that was slain to receive riches.
He nourished him with honey from the rock, and with oil from the flinty crag,
Worthy is the Lamb that was slain to receive wisdom.
with curds and milk from herd and flock and with fattened lambs and goats, with choice rams of Bashan and the finest kernels of wheat. You drank the foaming blood of the grape.
Worthy is the Lamb that was slain to receive blessings.
Deuteronomy 32:9-14, Revelation 4:11, 5:12

Our Father in heaven,
We loose these songs of Moses and the angels over the courtroom hearings in the South Carolina litigation. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 14th

Ezra 6:22 (ESV)
And they kept the Feast of Unleavened Bread seven days with joy, for the Lord had made them joyful and had turned the heart of the king of Assyria to them, so that he aided them in the work of the house of God, the God of Israel.

Our Father in heaven,
We humbly request that You turn the heart of the judges to the Diocese of South Carolina in the upcoming litigation and aid the Diocese in the work of the house of God. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 7th
Psalm 22:3 (ESV)
Yet you are holy,
enthroned on the praises of Israel.

Revelation 4:6,8 (ESV)
And before the throne there was as it were a sea of glass, like crystal. And around the throne, on each side of the throne, are four living creatures . . . And the four living creatures, each of them with six wings, are full of eyes all around and within, and day and night they never cease to say,

“Holy, holy, holy, is the Lord God Almighty,
who was and is and is to come!”


Our Father in heaven,

Enthroned upon the praises of Israel, enthroned upon the praises of the four living creatures, enthroned upon the praises of those who have been adopted as sons and daughters through Jesus Christ,

Holy is Your name.

We thank You for the blessings that You bestow upon the Diocese of South Carolina each and every day. You are her Provider, her Protector, and her Defender. You are her Good Shepherd.

The Diocese of South Carolina shall not want. You make her lie down in green pastures. You love her with a love that is beyond measure. You know her needs, and You sustain her, even in this season of litigation.

You lead her beside still waters. All of her fountains of joy are in You. You restore her soul.

You lead her in paths of righteousness for Your name’s sake. Your word is a lamp to her feet and a light to her path. Through Your precepts, You give her understanding.

Even though she walks through a valley of litigation, You are with her. She will fear no evil, for You guide her continually and satisfy her desire in scorched places and make her strong. Your rod and Your staff, they comfort her.

You prepare a table before her in the presence of her enemies. She delights in wine and milk without money, without price! She listens diligently to You and eats what is good. She delights herself in Your provision, and You anoint her head with the oil of gladness.

Her cup overflows, and she shall be like a watered garden, like a spring of water, whose waters do not fail. Surely goodness and mercy shall follow her, and she shall dwell in the house of the Lord forever. Amen.

Please pray it all and there are more prayers for South Carolina here

Posted in * Anglican - Episcopal, Episcopal Church (TEC), TEC Conflicts, TEC Conflicts: South Carolina

Lent & Beyond: Prayer for South Carolina on Monday August 31st

The upcoming hearing of the appeal by TEC and its local agents against the first instance decision in favor of the Diocese of South Carolina is due to start on September 23rd. T19 will be posting prayers for the Diocese of South Carolina and its legal team as well as for the Court, judges and all involved as the hearing date approaches and encourages intercession for the people of God and His mission in South Carolina during this time.
1 Chronicles 27:25 (AMP)
Over the king’s treasuries was Azmaveth son of Adiel; and over the treasuries in the country, cities, villages, and towers or forts was Jonathan son of Uzziah;

Azmaveth”“strong as death
Adiel”“the witness of the Lord
Jonathan”“Yahweh has given
Uzziah”“Yahweh has helped

Our Father in heaven,
Your witness, Your help, Your gifts are the treasures of the Diocese of South Carolina.
We thank You for the bounty of Your treasuries.
You are the Lord of life, our Creator, and You overcome death.
Be present to the Diocese of South Carolina during the ongoing litigation, we pray.
Amen.

Please pray it all and there are more prayers for South Carolina here

Posted in * Anglican - Episcopal, Episcopal Church (TEC), TEC Conflicts, TEC Conflicts: South Carolina

***Reminder–For Yr awareness+Yr Prayers—Dio. of South Carolina Supreme Court hearing is Sept. 23

From here:

The Protestant Episcopal Church in the Diocese of South Carolina; The Trustees of The Protestant Episcopal Church in South Carolina, a South Carolina Corporate Body; All Saints Protestant Episcopal Church, Inc.; Christ St. Paul’s Episcopal Church; Christ the King, Waccamaw; Church of The Cross, Inc. And Church of the Cross Declaration of Trust; Church of The Holy Comforter; Church of the Redeemer; Holy Trinity Episcopal Church; Saint Luke’s Church, Hilton Head; St. Matthews Church; St. Andrews Church-Mt. Pleasant Land Trust; St. Bartholomews Episcopal Church; St. David’s Church; St. James’ Church, James Island, S.C.; St. John’s Episcopal Church of Florence, S.C.; St. Matthias Episcopal Church, Inc.; St. Paul’s Episcopal Church of Bennettsville, Inc.;
St. Paul’s Episcopal Church of Conway; The Church of St. Luke and St. Paul, Radcliffeboro; The Church of Our Saviour of the Diocese of South Carolina; The Church of the Epiphany (Episcopal); The Church of the Good Shepherd, Charleston, SC; The Church of The Holy Cross; The Church of The Resurrection, Surfside; The Protestant Episcopal Church of The Parish of Saint Philip, in Charleston, in the State of South Carolina; The Protestant Episcopal Church, The Parish of Saint Michael, in Charleston, in the State of South Carolina and St. Michael’s Church Declaration of Trust; The Vestry and Church Wardens of St. Jude’s Church of Walterboro; The Vestry and Church Wardens of The Episcopal Church of The Parish of Prince George Winyah; The Vestry and Church Wardens of The Church of The Parish of St. Helena and The Parish Church of St. Helena Trust; The Vestry and Church Wardens of The Parish of St. Matthew; The Vestry and Wardens of St. Paul’s Church, Summerville; Trinity Church of Myrtle Beach; Trinity Episcopal Church; Trinity Episcopal Church, Pinopolis; Vestry and Church Wardens of the Episcopal Church of The Parish of Christ Church; Vestry and Church Wardens of The Episcopal Church of the Parish of St. John’s, Charleston County, The Vestries and Churchwardens of The Parish of St. Andrews, Respondents. v. The Episcopal Church (a/k/a The Protestant Episcopal Church in the United States of America) and The Episcopal Church in South Carolina, Appellants.
Attorneys: Allan R. Holmes, Sr. and Timothy O. Lewis, both of Gibbs & Holmes, of Charleston, David Booth Beers and Mary E. Kostel, both of Goodwin Procter, LLP, of Washington, DC, Blake A. Hewitt and John S. Nichols, both of Bluestein Nichols Thompson & Delgado, of Columbia, Thomas S. Tisdale and Jason S. Smith, both of Hellman Yates & Tisdale, of Charleston and R. Walker Humphrey, II, of Waters & Kraus, of Dallas, Texas, for Appellants. C. Alan Runyan and Andrew S. Platte, both of Speights & Runyan, of Beaufort, Henrietta U. Golding and Amanda Bailey, both of McNair Law Firm, of Myrtle Beach, C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia, Charles H. Williams, of Williams & Williams, of Orangeburg, David Cox, of Barnwell Whaley Patterson & Helms, of Charleston, Thomas C. Davis, of Harvey & Battey, of Beaufort, Harry Easterling, Jr., of Bennettsville, G. Mark Phillips, of Nelson, Mullins, Riley & Scarborough, of Charleston, W. Foster Gaillard and Henry Grimball, both of Womble, Carlyle, Sandridge & Rice, of Charleston, Keith McCarty, of McCarty Law Firm, of Charleston, William A. Scott, of Pedersen & Scott, of Charleston, Mark Evans, of Charleston, David B. Marvel and David L. DeVane, both of Prenner Marvel, of Charleston, John Furman Wall, III, of Mt. Pleasant, Allan P. Sloan, III and Joseph C. Wilson, IV, both of Pierce, Herns, Sloan & Wilson, of Charleston, Edward P. Guerard, Jr., of Mt. Pleasant, C. Pierce Campbell, of Turner, Padget, Graham & Laney, of Florence, Robert R. Horger, of Horger, Barnwell & Reid, of Orangeburg, Saunders M. Bridges, of Aiken Bridges Elliott Tyler & Saleeby, of Florence, Lawrence B. Orr, of Orr Elmore & Ervin, of Florence, Francis M. Mack, of St. Matthews, Robert S. Shelton, of The Bellamy Law Firm, of Myrtle Beach, William A. Bryan, of Bryan & Haar, of Surfside Beach, Harry Oxner, of Oxner & Stacy, of Georgetown, Susan MacDonald and Jim Lehman, both of Nelson, Mullins, Riley & Scarborough, of Myrtle Beach, Brandt Shelbourne, of Shelbourne Law Firm, of Summerville, Stephen S. McKenzie, of Coffey, Chandler & Kent, of Manning, John B. Williams, of Williams & Hulst, of Moncks Corner, George J. Kefalos and Oana D. Johnson, both of George J. Kefalos, P.A., of Charleston, Stephen Spitz, of Charleston and Thornwell F. Sowell, III and Bess J. Durant, both of Sowell Gray Stepp & Lafitte, LLC, of Columbia, for Respondents.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Church History, Episcopal Church (TEC), Law & Legal Issues, Parish Ministry, Religion & Culture, Spirituality/Prayer, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, TEC Parishes, TEC Polity & Canons, Theology

Diocese of South Carolina Files Reply Brief with the South Carolina Supreme Court

TEC’s essential legal arguments can be distilled down to one proposition: TEC claims to be a “hierarchical” church, with complete, top-down control of the entire organization.

“There are multiple and significant problems with these assertions in this case as detailed in this brief,” said the Rev. Jim Lewis, Canon to the Ordinary. “First, TEC’s organizational structure is irrelevant to this case. The U.S. Supreme Court has ruled clearly and repeatedly that in property matters of this sort courts not only can, but should decide them based upon ‘neutral principles of law’ if that can resolve all the issues. That means questions of ownership can be settled on the same basis as in any secular case.”

An example of this point is the 2009 decision of the All Saints case by the South Carolina Supreme Court. As in any litigation involving churches, doctrinal issues are often involved. However, if the court can decide the matter applying the customary laws of property ownership, it may do so. That occurred in All Saints.

Read it all

and see also Diocese of South Carolina’s PR on TEC’s ”˜Spurious’ Offer to Settle

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Episcopal Church (TEC), Law & Legal Issues, Parish Ministry, Stewardship, TEC Conflicts, TEC Conflicts: South Carolina, Theology

The new Diocese of TEC in South Carolina's press Release Today

Read it all.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Presiding Bishop, Stewardship, TEC Conflicts, TEC Conflicts: South Carolina, Theology

[CP] South Carolina Episcopal Diocese Mulling Affiliation With Conservative Anglican Group

“The Diocese of South Carolina has been in the process for some time of discerning what its permanent affiliation should be among the Provinces of the Anglican Communion,” the Rev. Jim Lewis, canon to the ordinary and an attendee of the meeting, told The Christian Post.

“We have reached a place where it seemed the next and most appropriate step was to meet with leaders of the ACNA to share our common interests and questions as this diocese continues the work of discernment.”

Lewis also told CP that while no date has been set for a convention vote on affiliation, the diocese stands on good terms with ACNA and other conservative Anglican groups.

“Our mutual respect and appreciation for each other is considerable, with many in the room having relationships that go back for years,” said Lewis.

“Our conversations were wide ranging and provided much needed clarity for all of us. Those are conversations that will certainly continue in the future.”

Read it all

Posted in * Anglican - Episcopal, Episcopal Church (TEC), TEC Conflicts, TEC Conflicts: South Carolina

(Diocese of South Carolina) Motion for Rehearing Denied; Ruling Not Based on Merits of Case

Today, April 29, 2015, the Federal 4th Circuit Court of Appeals in Richmond denied our motion for a rehearing of their decision to return to the District court the case of vonRosenberg vs. Lawrence, which asserted that this was a case of Federal trademark violations. ”¨The case will now go back to the Charleston court for further action. Several things remain true about this action. While the Fourth Circuit said that Judge Houck used the incorrect procedural standard to grant our Motion for Dismissal, it expressed no opinion on the merits of Bishop vonRosenberg’s claims. It was certainly not a ruling in their favor on the merits. It simply means that the court believes the standard used to make his decision to dismiss was the wrong one and should be reconsidered using the appropriate standard. The question is one of procedure and not the merit of the complaint itself. The judge could in fact reach the same conclusion, using the new standard. To that point, the standard called for by the court, exceptional circumstances, is arguably well met by the facts that we now have both a strong trial court ruling in our favor, as well as a date certain for the case to be heard by the South Carolina Supreme Court. All the issues at stake in the Federal complaint will be essentially resolved by that decision. ”¨

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Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Presiding Bishop, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, Theology

A Christian Post story on the Multi-Million Dollar South Carolina Episcopal Church Suit

Read it all.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Church History, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Presiding Bishop, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, TEC Polity & Canons, Theology

Canon Jim Lewis–A South Carolina Legal Update as Supreme Court to hear the case

Finally, TEC press releases have included, with some frequency, statements by legal counsel for TECSC claiming its willingness to discuss “settlement options”. This is disingenuous nonsense. We should remember the following at a minimum:

”¢ We were in the middle of what we hoped could be “settlement” discussions when TEC attempted to remove Bp. Lawrence in 2012.

”¢ In the 90+ instances of litigation that TEC has instigated around the country, none has concluded with a settlement — just the opposite. When parishes in the Diocese of Virginia wishing to leave TEC actually reached an agreement with their bishop, that deal was scuttled by the Presiding Bishop’s Chancellor, who announced there was “a new sheriff in town”. Offers of settlement in other places have been likewise rejected. And even when the case has been definitively settled by the local courts, as in Illinois, TEC has refused to cease litigation, to the point of sanctions being imposed by the courts there.

”¢ The fact is that TEC’s legal counsel was told as far back as 2013 that the Diocese would consider any proposals submitted to our counsel in writing. There have been none.

Read it all.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Church History, Episcopal Church (TEC), Ethics / Moral Theology, History, Media, Parish Ministry, Presiding Bishop, Religion & Culture, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, Theology

Local Paper Article on the S.C. Supreme Court agreeing to hear the multimillion dollar TEC lawsuit

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Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Anthropology, Church History, Ecclesiology, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Pastoral Theology, Stewardship, TEC Conflicts, TEC Conflicts: South Carolina, Theology, Theology: Scripture

A.S. Haley–Legal News from South Carolina and San Joaquin

Late yesterday the South Carolina Supreme Court issued a brief order transferring to itself the jurisdiction over the appeal filed by ECUSA and its rump group (ECSC) from the February 3, 2015 judgment and order against them entered by Circuit Court Judge Diane Goodstein. ECUSA and ECSC had themselves requested the transfer of the case in order to expedite a final decision in the case by the State’s highest court, without having to wait for any intermediate decision from the Court of Appeals.

The Court’s order declined further to expedite the case’s briefing schedule, set oral argument in the case for September 23, 2015, and then added: “No further extensions of time will be granted.” In view of the great number of parties to the case (Bishop Lawrence’s Episcopal Diocese and thirty-six of its member parishes are all respondents in the appeal, represented each by their own attorneys), the Court’s order relaxes some of the filing and service requirements, and urges the attorneys to compress the multi-volume record on appeal to just the documents necessary for meaningful review of the decision below.

This order will enable a written, final decision in the case to be rendered before the end of the current calendar year, and should be welcome news to those on both sides who want to put this litigation behind them, and get on with the real work of the Church.

Read it all and do follow the links.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, - Anglican: Analysis, Anthropology, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Pastoral Theology, Presiding Bishop, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: San Joaquin, TEC Conflicts: South Carolina, Theology, Theology: Scripture

South Carolina Supreme Court to Hear Appeal of Diocese of SC decision by new TEC Diocese

[Yesterday]… April 15, 2015, the South Carolina Supreme Court agreed to take the appeal of Judge Goodstein’s February 3rd ruling in favor of the Diocese of South Carolina and its parishes. We are grateful that the South Carolina Supreme Court acted so promptly to take jurisdiction of this case, just as it did when requested during the attempted procedural delays prior to the trial. The more quickly the case is resolved, the more beneficial it will be for all parties, allowing us to get about the work of ministry without the incessant distraction of courtroom proceedings.

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Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, Anthropology, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Pastoral Theology, Presiding Bishop, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, Theology, Theology: Scripture

A S Haley–Federal Appeals Court Returns Trademark Action to South Carolina District Court

…there are now two very good reasons why ECUSA and its rump group should have no cause to celebrate their opportunity to go before Judge Houck once more with their claims of “infringement.” The first is that the injunction against Bishop vonRosenberg remains in effect pending their appeal (which they have asked the South Carolina Supreme Court to hear directly, thus bypassing the Court of Appeals if the Supreme Court grants their request). If he is prevented from claiming to be the Episcopal Bishop of the Diocese of South Carolina, how can he say he owns the trademarks which have been adjudicated to belong to Bishop Lawrence and his Diocese?

Second, if the Episcopal Diocese of South Carolina had the right to withdraw from ECUSA, as now finally adjudged in the Illinois courts, then it has the right to keep its marks and trade names — and ECUSA (and by extension ECSC, since the latter claims to be one of ECUSA’s dioceses) are both now barred from arguing to the contrary.

Judge Houck thought he was doing Bishop vonRosenberg a favor by declining to accept jurisdiction of his suit. Now that he is required to revisit that decision, however, he might just proceed (in due course, after appropriate motions and briefing) to the merits, and add his own adverse decision to the ones in the State courts of Illinois, Texas and South Carolina. ECUSA has asked for a decision, and now it will get one (but not for several more months).

Read it all.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * South Carolina, - Anglican: Analysis, - Anglican: Commentary, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Presiding Bishop, Religion & Culture, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: South Carolina, Theology