The Episcopal Church (TEC) has initiated more than 50 lawsuits against Anglican parishes and individuals across North America. The lawsuits usually begin after an orthodox congregaion votes to leave TEC and affiliate with another Anglican province. The national church or the local diocese then usually sues the congregation, and sometimes individual members, for control of church property and assets.
The following is an update on some of the more high-profile cases that are being tried.
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| The Falls Church, one of the parishes involved in the Va. litigation.(Photo courtesy CRC Publications) |
Virginia: A ruling from the Virginia Supreme Court is expected soon for the case involving nine Anglican District of Virginia parishes, The Episcopal Diocese of Virginia and the national Episcopal Church. On April 13, the court heard oral arguments from each side's attorneys. Four justices (two recused themselves because of prior relationships with both churches) peppered the attorneys with questions in front of a crowded courtroom. The case came as an appeal to Fairfax County Circuit Court Judge Randy Bellows' ruling that the realigning parishes owned their property. The court will announce its decision on June 10 or 11.
San Joaquin, California: The TEC-affiliated Diocese of San Joaquin brought suit against a fifth congregation in April. St. James, Sonora, also known as the "Red Church" because of its red exterior, is part of the Anglican Diocese of San Joaquin, which left TEC in December, 2007. The diocese filed similar suits in February and March. Sources say a sixth lawsuit is expected to be filed soon against St. John's in Stockton. All of the existing lawsuits are at the Superior Court level in the parishes' respective counties.
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| All Saint's Anglican, Pawley's Island, SC.(Photo courtesy All Saint's) |
South Carolina: An Episcopal church in South Carolina has effectively withdrawn its appeal to the U.S. Supreme Court to hear the case it lost when the Supreme Court of South Carolina ruled in favor of the group that voted to leave TEC and join the Anglican Mission in the Americas (AMiA). All Saints Church, Pawley's Island voted to leave TEC in 2003. The Diocese of South Carolina, along with a group of church members who did not want to leave TEC, sued the parish but eventually lost in the state's Supreme Court. While the diocese did not appeal the ruling to the U.S. Supreme Court, the group of former members along with the national church did; however, the two parishes reached a settlement before the court decided whether or not to hear the case. In a March 25 letter to the Episcopal congregation, Father Ed Kelaher told parishioners that "our Vestry has worked long and hard with the Vestry of the AMiA congregation to find a way to end the case forever while providing a way for both churches to go forward into the future in faith and service to our Lord." Among other arrangements, the settlement included the AMiA congregation offering a gift of $375,000 to the Episcopal congregation, the opportunity for the Episcopal congregation to use the church buildings for funerals, weddings and other pastoral occasions and the understanding that the Episcopal congregation would cease using the name "All Saints." In a letter to the AMiA congregation, Bishop Terrell Glenn said, "It is the hope of both Vestries that this agreement allows our two church families a graceful way to go forward in ministry, seek reconciliation of relationships and forge healthy ways of partnering in the proclamation of the Gospel of Jesus Christ." This settlement effectively ends TEC's chance to appeal the state court's decision. †