California judges say local churches cannot keep property after departing denomination.
A long awaiting ruling of the Californai Supreme Court was released today concerning three conservative parishes that left the national Episcopal Church. The ruling is a huge set back for conservatives.
According to media reports:
In an unanimous decision, the California Supreme Court ruled that the property belongs to the Episcopal Church because the parishes agreed to abide by the mother church's rules, which include specific language about property ownership.St. James Church in Newport Beach, All Saints Church in Long Beach and St. David's Church in North Hollywood pulled out of the 2.1 million-member national Episcopal Church in 2004 and sought to retain property ownership.
Each church held deeds in their names to the property. The court ruled that Episcopal Church canons made it clear the property belonged to the individual parishes only as long as they remained part of the bigger church.
"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Supreme Court Justice Ming Chin wrote for the seven-member court.
Reaction to the ruling predictably have leaders in the Episcopal church declaring complete victory.
I will update this entry with comments and reactions in a few hours' time.
Posted by Tim Morgan on January 5, 2009 3:38PM

Comments
As reported, the legal situation seems clear, at least according to the court. Cannot the defecting conservative congregations simply start over? That would be expensive, but in a free (or even semi-free) society like ours, isn't that the proper way to proceed? Perhaps there are other factors that have not appeared in print.
P. S. -- To Tim Morgan: there is a typo in the first sentence. It should read "A long awaitED ruling . . ." not "awaitING."
Posted by: Burgess Laughlin at January 5, 2009
Excellent. It's very old policy in the Episcopal Church that if your convictions on leaving the church are important, those convictions should be strong enough that you can leave the property behind as unimportant. Any thing else is just a land grab.
Posted by: Vashti Winterburg at January 5, 2009
I don't understand how this is a "huge setback for conservatives." That to me cries out as "its not fair and the liberals are all against us" which is neither healthy nor always accurate. Sure the liberals are sometimes after us and granted its not great that the churches have lost their buildings, but a church is not its building, its the people. If they had an agreement that the property belongs to the denomination and the people decided to leave that denomination, then they lose their property.... plain and simple. If its in the agreement then the courts are being conservative and following the letter of the law.
Each time something like this happens we should not get defensive about it but look at it in terms of what is God going to do with this change in circumstance. How are people's lives going to change - how is going to disciple the people into becoming stronger Christians.
Posted by: Leslie at January 6, 2009
To bad, if the denomination has left behind some of the sacred prinicipals it was founded upon then it seems to me the Church should have the right to leave.
Tragically what will happen is Churches will stay in a denomination that has left its Biblical roots. It's time for Churches to pay the price of their convictions and leave without anything and start all over again. The gay marriage issue is not about a preferance, it is about Biblical principals that should not be violated at any cost.
Dale
Posted by: Dale at January 6, 2009
Though I am an Episcopalian I was saddened today to hear of the California Supreme Court decision favoring the Episcopal Church against the 3 conservative "breakaway" Anglican churches. I would think that rather than, as the local paper reported, our Bishops being "overjoyed" with the outcome, our entire church should be somber.
I know the "breakaway" churches tried for years to have their traditional, Orthodox views respected by our denomination, but they felt they were only met with at best indifference. Perhaps the final roadblock for reconcilliation with the conservative churches across the country was the installation of our liberal and female Bishop Rev. Schori.
How can the Episcopal Church expect these Orthodox churches to have allegiance to the denomination when it has repeatedly rejected it's own Traditions?
I also find it interesting that the official Los Angeles Episcopal Diocese website includes a direct link to the Worldwide Anglican Church when the legality of this link was the very point of contention in that California lawsuit.
Posted by: A Reader at January 6, 2009
Interesting how the leaders are gloating over their win, such a Christian attitude on their part, perhaps they are picking up their anti-Christian attitude towards true Christians from the people that they have brought into the Church, homosexuals who get really nasty when they lose and don't get their way. People who are demanding changing the definition of a word, marriage, to suit them, people who use the law to get their way instead of going with a majority vote, people who are demanding that a belief be changed to suit them. Almost sounds like the attitude of the devil, doesn't it. I would say to the leaders, enjoy the win while it lasts, because knowing the devil, he will make you pay for it, his way. Personally, I would have given the land and buildings to the people who paid for them, not the national church that's for sure. This attitude would have made people think the leaders were real Christians not gloating non-Christians. Obviously the leaders are looking at the money they will receive from the sale of the property, nothing more.
Posted by: Anna at January 6, 2009
Well, what else could we expect in California "highest" court; "leading the way" in silencing those who dare to stay the disciples of the Christ? Now, I will expect the Lord's highest answer.
Posted by: Vik at January 7, 2009
As sad as the California Supreme Court ruling on the former Episcopal parishes’ property rights is, we need to keep the ruling in perspective. Three points stand out to me. First, judging by the article, the judges acted on the rule of law as they are required to do. Of all people, Christians should understand the value of codified justice over emotive rule. Christ imputed Law righteousness to us by taking on his Father’s complete wrath against our sin on the cross.
Second, Hebrews 10:34 applies in this situation. “For you...accepted joyfully the seizure of your property, knowing that you have for yourselves a better possession and a lasting one” (NASB). We need to be ready to encourage and assist our brothers to the way the Scripture calls us.
Finally, the Episcopal Church dares to boast complete victory. They will stand before the final Court at the end of the age, and this Judge listens to the cries of the disfavored.
Posted by: Doug Knox at January 7, 2009
THis is sad. But it is typical. I'm not sure why the courts feel they must get into this fight.
Posted by: Bruce Baker at January 7, 2009
The Episcopal Church has won the battle, but lost the war! They have lost the people. What good is a church without those who give it life? The Episcopal Church is becoming irrelevant in the Christian world. In a few years, it won't even be even discussed. Why? The leadership has walked away from God's Word. As one retiring Episcopal priest said recently, "In a few months I will be out of here and I will never darken the doors of an Episcopal Church again. Some legacy!
Posted by: Larry Luther at January 10, 2009
The Episcopal Church has won the battle, but lost the war! They have lost the people. What good is a church without those who give it life? The Episcopal Church is becoming irrelevant in the Christian world. In a few years, it won't even be even discussed. Why? The leadership has walked away from God's Word. As one retiring Episcopal priest said recently, "In a few months I will be out of here and I will never darken the doors of an Episcopal Church again. Some legacy!
Posted by: Larry Luther at January 10, 2009
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