Newpoert Beach, Calif. \u201d\u201c Attorneys for St. James Anglican Church this week filed the opening brief with the California Supreme Court in the church\u2019s property case with the Episcopal Diocese of Los Angeles and the national Episcopal Church.<\/p>\n
The opening brief is the first step in the process that will culminate with the California Supreme Court deciding three important issues that will affect every church in California, regardless of denomination:<\/p>\n
Issue #1: Should California courts use the \u201cneutral principles of law\u201d\u009d method in resolving church property disputes (followed for over a generation by courts in California and commended by the U.S. Supreme Court), or simply defer to the decisions of the church hierarchy (followed in the present case by the Fourth Appellate District, Division Three)?<\/p>\n
Issue #2: Does California Corporations Code section 9142(c) permit a religious denomination, which does not hold title to property, to create a trust in its favor over property owned by a separate religious corporation, without the latter\u2019s knowledge or express agreement? If so, does Corporations Code section 9142(c) violate the establishment and equal protection clauses of the United States and California Constitutions by permitting religious organizations, and only religious organizations, to create trusts over property they do not own without the express consent of the owner?<\/p>\n
Issue #3: When a local church corporation speaks out about the actions of a religious denomination by voting to disaffiliate from it, and the denomination then challenges the validity of the disaffiliation and claims ownership of the corporation\u2019s property, are these claims subject to early scrutiny as a Strategic Lawsuit Against Public Participation (“SLAPP”)?<\/p>\n
The next step will be for the Episcopal Diocese of Los Angeles and the national Episcopal Church to file a responsive brief. St. James will respond to their arguments in a reply brief. After the briefing of the parties is completed, others affected by the decision can file amicus briefs.<\/p>\n
The briefing process will take at least until February 2008 to complete, perhaps longer, and then the Court will schedule oral argument.<\/p>\n
The California Supreme Court has granted review of three similar church property cases involving All Saints’ Anglican Church, Long Beach, St. David’s, North Hollywood, and First Baptist Church, Los Lomas. Those cases are on hold pending the outcome of the St. James case. Four other cases now pending in the California Court of Appeal \u201d\u201c involving former Russian Orthodox, Assemblies of God and Episcopal churches \u201d\u201c will be directly affected by the St. James case.<\/p>\n