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A free floating commentary on culture, politics, economics, and religion based on a passionate commitment to the truth and a desire graciously to refute that which is contrary to it….
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Two years ago this week, the Diocese of San Joaquin seceded from the U.S. Episcopal Church, launching a legal battle over church property that is now headed toward a decisive showdown.
The rebel diocese changed its name and became a founding member of a new church, the Anglican Church in North America. But religious and legal experts say holding on to its property -- including real estate and cash -- will prove to be far more challenging.
Already, a Fresno County Superior Court judge has handed a critical victory to the national Episcopal church, which sued not long after the San Joaquin diocese voted to break away. The diocese is appealing that July ruling.
Several legal issues in the case remain to be decided. But even the breakaway diocese acknowledges it will likely lose if it cannot persuade the 5th District Court of Appeal to overturn Judge Adolfo Corona's ruling.
Read it all.
Filed under: * Anglican - Episcopal Episcopal Church (TEC) TEC Bishops TEC Conflicts TEC Conflicts: San Joaquin * Culture-Watch Law & Legal Issues

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2. NoVA Scout wrote:
I sure understand someone deciding to leave, whether it be a matter of convenience or conviction. I even understand several or a lot of people leaving. But I remain utterly flummoxed by the ethical orientation that suggests to any individual or any group of individuals that a decision to leave carries with it a right to hold or claim property. The times I have left a business or a church are relatively few in number, but I always had the mental attitude that I just wanted to get going, and I would not have been comfortable tussling with the guys I left about whether my decision to leave entitled me to take things with me. December 13, 9:56 pm | [comment link] |
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3. mannainthewilderness wrote:
The right comes, I suppose, from their belief that the parish was bought and paid for by the local members. I agree that if a diocese sponsored a mission, there should be acknowledgement of the claim of ownership and investment in the property. Had TEC been more up front about the creation of the Dennis Canon, I would share your sentiments. However, as the Bishop of VA’s testimony revealed, they (bishops and Standing Committees) downplayed the passing of the Dennis Cannon and the chose not to have churches amend their titles to reflect its passing because it likely would never have passed/caused more trouble than it was worth/caused a revolt in the pews/etc. Duplicitous action is now coming home to roost in some places (and that goes on both sides). What will be interesting to watch will be whether the Supreme Court chooses to intervene as the various states’ rulings come down and differ. Paul warned about that too, but neither side seems inclined to heed his teaching on that—lol. December 13, 11:24 pm | [comment link] |
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4. Fr. Dale wrote:
This is a false assumption. Bishop Lamb believes this and his hope is to repopulate the buildings if TEC wins the lawsuit because the people go with the buildings. It is telling because he, like the other TEC leaders, believes that God’s Kingdom is bricks and mortar. |
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5. NoVA Scout wrote:
Re no. 3, in all these cases folks on both sides of the schism “bought and paid for” the parish. I guess one has to include the fact that a lot of people (past generations) who knew nothing about the dispute also “bought and paid for” the parish. So it can’t have anything to do with pledges. If so, the guy who leaves because there’s another church closer to his house would have a right to take the church. I suppose if there were a church that was recently formed and everyone (i.e., every single person) who formed it and remained a member over its span or existence was still living, still a member and decided to leave, I’d acknowledge that there might be merit in working out a way to honor that cohesion. But none of these disputes are like that. People who decide not to leave are forced to leave, and people who decide to leave stay. It just doesn’t seem right. As you suggest, the ultimate outcome is that the secular courts will end up sorting it all out eventually, but I still cannot comprehend the ethics or guiding principle of it. December 14, 11:19 pm | [comment link] |
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6. Fr. Dale wrote:
#5. NoVA Scout,
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7. mannainthewilderness wrote:
#5: Not at all. In your example, the man is choosing to leave. In what we are doing to churches, people feel their churches are being taken from them. Had TEC wanted this done legally and morally correct, they simply needed to tell the parishes to transfer the deeds to them upon the passage of the Dennis Canon. Instead, as the bishop of VA testified, they felt that doing that at that time would have caused great furor and uproar and likely accelerated these events. So, typical of churches, they put their heads in the sand hoping the problem would go away. Now we a generation or so later get to deal with the fallout of that dumb decision, and it will be dealt with case by case, state by state until the Supreme Court decides to get involved. |
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8. NoVA Scout wrote:
I can only speak to my church. A large number (approaching or exceeding a majority of the adult 16 and over or 18 and over) voted to leave. A large number of us affirmatively voted to stay and witness, and a much larger number yet didn’t vote at all (which under our secular law counts as a vote to stay). In any event, there was no unanimity, even among the living. No one from the national church or the diocese had imposed restrictions on our worship or our principles. I respect and understand the decision to leave. I do not understand the decision to leave, but to lay claim to the physical property of the church. Many parishioners of decades of worship were evicted because of their desire not to leave. That cannot be right. December 15, 11:06 pm | [comment link] |
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9. Fr. Dale wrote:
NoVA Scout, |
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10. NoVA Scout wrote:
[Comment deleted by Elf - Comments instructing, encouraging or suggesting that people leave, join or split from any particular church or denomination are against T19 comment policy - please also be careful of aggressive commenting] December 16, 8:30 pm | [comment link] |
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The Fresno Bee has found out how to bypass my pop-up blocker to try to sell me (at least) a screen-saver. I wish I knew how they do that, so that I could stop it.
That said, the Anglican Diocese of San Joaquin has come along too late to help my 94-year-mother, who now believes that Satan has entered the whole church and does not trust any one of them. This came about by a combination of the pernicious turn of the Episcopal church away from the gospel and the pernicious sermons of certain late-night “bible” preachers.
Once trust has been comnpromised, it takes a long time to re-establish it.
December 13, 7:39 pm | [comment link]