<\/p>\n
One of the key factual findings by the Court is this:<\/p>\n
39. Mark Lawrence was not elected Bishop of the Diocese with the intent on either his part or on that of the Diocese to lead the Diocese out of TEC. From 2009 until October 2012, his intent was to remain “intact and in TEC.”<\/p>\n
Based on this finding alone, Judge Goodstein dismissed “with prejudice” (meaning that they cannot be raised again, in any forum) ECUSA’s and ECSC’s counterclaims against Bishop Lawrence. Those had accused him of “conspiring” to lead his Diocese out of ECUSA, of fraud and breaches of fiduciary duty, etc., and generally of conduct unbecoming a member of the clergy — claims that his accusers had to bring twice before the Disciplinary Board before the Presiding Bishop could get what she wanted (once she changed its membership slightly).<\/p>\n
Needless to say, Judge Goodstein made such a finding because ECUSA and ECSC never had any evidence to substantiate their charges. (Note to hostile readers, such as those from the Episcopal Forum in South Carolina, or the followers of Steve Skardon: “evidence” in a court of law is something far more than just accusations and innuendo. What you can say on your blogs is not “evidence.” Until you learn this difference, you have no basis upon which to claim victory in any court.)<\/p>\n
On the legal side, the decision is chock full of useful conclusions that can be cited and used in the Fort Worth case, and in the ongoing appeal in the San Joaquin case. For example, this is one of the best judicial discussions to date of the First Amendment rights of a diocese-member of an unincorporated church such as ECUSA<\/p><\/blockquote>\n