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June 27, 2007
Church Property Wars: Calif. appeals court favors diocese over local parish
Conservative Episcopalians received some stunning news this week when a California appeals court ruled the Episcopal Diocese of Los Angeles is within its legal rights in retaining ownership of church property.
The defendants, three dissident churches now linked to the Anglican Church in Uganda, expect to decide soon on whether to appeal to the California Supreme Court.
The worldwide Anglican Communion continues to grapple with the fallout from the consecration of Gene Robinson, an active homosexual, as bishop of New Hampshire in 2003. But increasingly, the civil courts in the US are being drawn into this fight as local, diocesan, and national leaders fight over real estate. It's no small dispute, potentially involving billions in real estate, related assets, and other property.
Of course, national church leaders are overjoyed by the court ruling:
John R. Shiner, Chancellor for the Diocese and its attorney in the litigation, called the ruling a "decisive decision" for the Episcopal Church. Shiner, a partner of Holme Roberts & Owen, LLP, noted, "Yesterday's decision contains the most thorough analysis yet of church property law in California, and should dispel any notion that local congregations of a hierarchical church may leave the larger church and take property with them."
On the conservative side, there are many more cases making their way through the courts. But conservatives, meanwhile, are somewhat encouraged that the Canadian branch of Anglicanism, meeting in General Synod, voted to forbid priests from blessing same-sex unions.
Comments
I'm curious about how the debate is being framed as liberal vs conservative. What we really need is someone with a good understanding of Episcopal Polity and Governance to disect the arguments about assets between local bodies and the diocese.
Something tells me, if it were a liberal congregation breaking off out of a conservative body... CT and others might have different opinions on the matter.
Posted By: Matt K | June 27, 2007 1:15 PM
The following is a genuine question, not an attempt to score points or be a wiseacre:
How do these conservative evangelical congregations, which take issue with their leadership because they believe the clear, literal teaching of Scripture should be obeyed without equivocation, square their lawsuits with 1 Corinthians 6: 1-9?
If anyone knows the exegesis used to justify the court actions I'd be truly interested to hear it - I've not yet heard anyone put the case, so to speak!
Posted By: Out on a Limb | June 27, 2007 3:11 PM
I'm always amazed that "conservaties" always think that their naked and unseemly greed, however dubiously, self-rightiously and disengenuously "literally interpreted,' should be automatically be satisfied.
The schism is about hating and fearing gay people. It's about controling gay lives, assests, property, jobs. To say that it's about anything else is like those who say that the Civil War was not about slavery. At its core, the issues, like tarriffs, all originated in slavery.
Posted By: Greg | June 27, 2007 3:16 PM
I predict billionaire Howard Ahmanson will simply bail these churches out--they'll just buy the property from the Diocese of Los Angeles if they have to.
Posted By: David A. Le | June 28, 2007 1:07 AM
The core issue involving Ths Episcopal Church has nothing to do w/ Gene Robinson, ownership of church property, The Presiding Bishop, etc. Those are ancillary issues.
The core issue? Does one believe in the inerrancy/ infallibility of Scripture? If one does not believe in the above then one is "free" to make up their own rules on how to live "their" life eventhough they were bought with a great price. If one does believe Scripture is "God breathed" then one has at their finger tips, rules by which to live and what to use as a measuring stick to accomplish the above.
Posted By: WDA IV, HHI, S.C. | August 14, 2007 5:21 PM