{"id":85268,"date":"2019-10-07T12:01:56","date_gmt":"2019-10-07T16:01:56","guid":{"rendered":"http:\/\/kendallharmon.net\/?p=85268"},"modified":"2019-10-07T20:07:49","modified_gmt":"2019-10-08T00:07:49","slug":"historic-diocese-of-south-carolina-recent-legal-developments-i-diocesan-statement","status":"publish","type":"post","link":"https:\/\/kendallharmon.net\/?p=85268","title":{"rendered":"Historic Anglican Diocese of South Carolina recent Legal Developments (I)–Diocesan Statement"},"content":{"rendered":"

From there<\/a>:<\/p>\n

On Thursday, September 20 District Court Judge Richard M. Gergel ruled in favor of The Episcopal Church (TEC) and its local diocese, The Episcopal Church in South Carolina (TECSC), in a federal trademark case. In the 73-page decision,<\/a> Judge Gergel issued an injunction preventing the Diocese and parishes in union with it from using the names and seal of the diocese. These are: \u201cDiocese of South Carolina\u201d; \u201cThe Episcopal Diocese of South Carolina\u201d; \u201cThe Protestant Episcopal Church in the Diocese of South Carolina\u201d and The Diocesan Seal.<\/p>\n

\u201cWe\u2019re disappointed, of course,\u201d said the Rev. Marcus Kaiser, Rector of the Church of the Holy Comforter in Sumter, who serves as the President of the Standing Committee, which also serves as the Diocese\u2019s Board of Directors. \u201cBut changing our name doesn\u2019t change who we are, or who we\u2019ve ever been. It simply changes the name under which we operate.\u201d<\/p>\n

The Standing Committee met Friday morning and unanimously voted to adopt the name \u201cThe Anglican Diocese of South Carolina.\u201d Although Counsel for both the Diocese and the Parishes who are studying the order believe it likely will be appealed, even erroneous orders still must be obeyed. \u201cI am grateful,\u201d noted Bishop Lawrence, \u201cfor the faithful response of our Standing Committee, the diocesan staff, and legal team in seeking to comply with this order. We work not in fear, for as St. Paul has reminded us, God has not given us a spirit of fear but of power and love and a sound mind.\u201d<\/p>\n

On August 28th , in one of two state cases regarding the ownership of parish and diocesan property, Judge Edgar Dickson issued an order adverse to TEC and TECSC. He rejected their request to dismiss the diocese and parish claims to recover the value of improvements to parish and diocesan real property under the Betterments Statute if it is decided that TEC has title to those properties. He also stated that he had yet to rule on motions before him concerning the question of whether the five separate opinions of the Supreme Court found that there has been any Diocesan or Parish loss of property.\u201cThe Court\u2026recognizes that were it to rule against the Defendants [TEC and TECSC] on some or all of those motions, this betterments action could become moot\u2026.\u201d \u201c\u2026the Court will consider, for purposes of ruling on the motion to dismiss only, that the betterments action is ripe.\u201d<\/p>\n

The state cases were ordered to be mediated by Judge Dickson which will be held on September 26th. That mediation, which had been scheduled for earlier this month, was postponed due to Hurricane Dorian.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

From there: On Thursday, September 20 District Court Judge Richard M. Gergel ruled in favor of The Episcopal Church (TEC) and its local diocese, The Episcopal Church in South Carolina (TECSC), in a federal trademark case. In the 73-page decision,…<\/span><\/p>\n

Read more ›<\/a><\/div>\n

<\/p>\n","protected":false},"author":794,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[54,186,168,114,441,376,646],"tags":[],"class_list":["post-85268","post","type-post","status-publish","format-standard","hentry","category-south-carolina","category-church-history","category-ethics-moral-theology","category-law-legal-issues","category-stewardship","category-tec-conflicts","category-tec-conflicts-south-carolina"],"_links":{"self":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts\/85268","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/users\/794"}],"replies":[{"embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=85268"}],"version-history":[{"count":2,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts\/85268\/revisions"}],"predecessor-version":[{"id":85280,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts\/85268\/revisions\/85280"}],"wp:attachment":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=85268"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=85268"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=85268"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}