Showing posts with label Georgia Supreme Court. Show all posts
Showing posts with label Georgia Supreme Court. Show all posts

Monday, November 21, 2011

LEGAL VICTORY FOR THE EPISCOPAL CHURCH IN GEORGIA

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.