Prof. Mullin writes in a clear and easy-to-understand style. So far, I'm about halfway through the document, but it seems plain to me that TEC is a hierarchical church and was so from the beginning. I don't know what sideline issues are introduced by those who argue that they have a right to the property when they leave TEC, but they would seem to me to be simply diversions and distractions. Of course, I'm no legal expert, nor am I an expert on the polity of TEC, but in my opinion, to conclude that TEC is anything other that a hierarchical church would be to go against reason and common sense.
I believe this document to be of great value and not only in the case of the faux diocese versus the real Episcopal Diocese of Fort Worth.
UPDATE: I read the entire affidavit and found it to be quite interesting and persuasive. I learned a good deal about the history of the polity of the Episcopal church that I did not know. Now if only someone could persuade the Archbishop of Canterbury to read the document, it might help him to understand the workings of the Episcopal Church, if he cares to understand.
Why am I doing this. Next I'll be reading the entire text of the Constitutions and Canons of TEC.
I was amused by these words in the text:
Have a care there, you priests amongst us. We're watching you.
Hmmm. Looks like the Supreme Court of South Carolina disagrees - unanimously - with the esteemed and brilliant Professor Mullin's opinion. In it's ruling they determined that the Diocese of SC acted egregiously with regard to property claims, that the Dennis Canon - and Diocesan Canons - do not apply to parish property issues, and finally, that the Episcopal Church in the State of SC is NOT a hierarchical church. Ladies and Gentlemen, start your engines - or more liturgically,
ReplyDelete"Lead on, O King Eternal, the day of march has come."
Lifting the Rock, indeed it seems that the SC Supremes disagree, at least with respect to parishes. One wonders if and when an appeal will be made to the ultimate Supremes and whether they will want to touch upon the matter.
ReplyDeleteAnd what is Bp. Lawrence's next step?
As I said, I'm no legal expert, just a humble pew warmer trying to exercise common sense.
Hi Grandmere Mimi
ReplyDeleteIgnore the first commenter. S/he's a fake. Black Ops it appears - I must be getting to them! :-)
To the real, not the faux Lifting the Rock, I'll look for the embedded link to your blog next time. You must be getting to someone. How childish to play such silly games. On the face of it, the fact that they do this sort of thing, says more about THEM, than about you or me.
ReplyDeleteOn the other hand, the South Carolina Supreme Court did rule unanimously yesterday in favor of the AMiA secessionist group at All Saints, Waccamaw. The decision was based entirely on civil contract law, subject to the terms of an 1745, pre-revolutionary, deed of gift, and of a 1903 quit-claim deed, by which the diocese of SC transferred to All Saints Parish, Waccamaw, Inc., any interest it may have had in that congregation’s property. Contrary to what one reads on other sites, the State Supreme Court has not rejected or invalidated the Dennis Canon in SC; it has ruled that in this case the 1745 and 1903 deeds trump it and render it inapplicable.
ReplyDeleteRegardless of the outcome, this is, because of its complexities, a fascinating case and ruling. The SC Supreme Court is not, by the way, a kangaroo court - earlier this week, for example, it approved a $10,000,000 punitive damage award to an HIV-infected young man screwed over by a medical insurance company - a very cheering, John Grisham sort of story.
Lapin, I gather that All Saints is a special case and that it may not be a precedent for other cases that will come before the court.
ReplyDeleteI announce with great joy that I've now learned to do a screen shot. It's so simple.
ReplyDeleteThe screen-shot took me by surprise because I though it was not there an hour ago. And I was right. Congratulations.
ReplyDeleteThe SC Supreme Court ruling is specific to the Waccamaw case. It will set a precedent for any SC church that holds clear title to its property, over and above the diocese, but does not invalidate the Dennis canon. Earlier SC case law firmly awards the property in such instances to the pre-split denomination.