From Jim Naughton at
The Lead:
In a 5-1 decision, the Georgia Supreme Court this morning decided that Christ Episcopal Church in Savannah belonged to to the Episcopal Church and the Diocese of Georgia, not a breakaway faction aligned with the Anglican Church of Uganda.
An excerpt from the clearly written opinion that even I, with my poorly attuned brain to matters legal, understand without strain:
(“[T]he Dennis Canon adopted in 1979 merely codified in explicit terms a trust relationship that has been implicit in the relationship between local parishes and dioceses since the founding of [Episcopal Church] in 1789.”); Episcopal Church Cases, 198 P3d 66, 81-81 (Cal. 2009) (“Moreover, [the Dennis Canon] is consistent with earlier enacted canons that, although not using the word ‘trust,’ impose substantial limitations on the local parish’s use of church property and give the higher church authorities substantial authority over that property.”).
The Episcopal Church is not a congregational church. Anyone is free to leave but not with the property.
Are you watching Bp. Mark Lawrence of the Diocese of South Carolina? Are you, as a bishop of the Episcopal Church, permitted to give away what is not yours? Of course, certain folks in the diocese may believe theirs is a special case. We shall see.
Bp. Lawrence may well not have eyes to see.
ReplyDeleteExplicit statement on the Dennis Canon.
ReplyDeleteBp. Lawrence may well not have eyes to see.
ReplyDeleteSo it seems, Paul (A.) Do the rulings in other states in favor of the Episcopal Church set any sort of precedent for the courts in South Carolina? What about the precedent of the ruling on All Saints Church, Pawleys Island, SC, in favor of the church owning the property?
Pawleys Island has a quit claim from the PECUSA diocese dating to the first decade of the 20th century, which is why this ruling was case specific. Pawleys Island is now effectively headquarters of the AMiA, which seems to be in conflict with just about everyone.
ReplyDeleteI'm not the same Paul, but I hope you don't mind my answering your question anyway. In most states a court opinion from another state can be cited as "persuasive authority," but it doesn't set a binding precedent.
ReplyDeletePaul Powers, of course I don't mind your answer to the question. Thank you.
ReplyDelete