A.S. Haley on the Latest in the Ongoing South Carolina Episcopal Legal Battle

Posted by Kendall Harmon

This is a highly unusual development, and will doubtless sow consternation among the SCEpiscopalians and their ilk: It shows that Chancellor Tisdale can read the writing on the wall, and knows that ECUSA cannot succeed in any plan to assume the DSC's identity through its own actions. Since the injunction now accomplishes nearly all of the objectives Bishop Lawrence had when he authorized the lawsuit (all that remains is a judgment declaring that his Diocese is the lawful and exclusive owner of the registered marks), it will be interesting to see whether or not ECUSA stipulates to the entry of such a final judgment in the weeks ahead. In short, there is nothing left worth litigating. Yes, ECUSA reserved the right to request a modification in the injunction, but at most it would be only to tinker with the fine points (and I can't think of any). That stipulation was probably included to assuage Mr. Tisdale's clients.

Where things will go from here is now the question. Bishop vonRosenberg has his work cut out for him -- he has to walk a tightrope between keeping the Presiding Bishop happy, and not violating the injunction in any way.

Read it all.

Filed under: * Anglican - Episcopal- Anglican: AnalysisEpiscopal Church (TEC)Presiding Bishop Katharine Jefferts SchoriTEC BishopsTEC ConflictsTEC Conflicts: South Carolina* Culture-WatchLaw & Legal Issues* South Carolina* TheologyEthics / Moral Theology

2 Comments Posted February 1, 2013 at 7:40 am

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