A.S. Haley—SC Circuit Court Issues Temporary Restraining Order to Protect Diocese’s Identity

Posted by Kendall Harmon

The order goes into effect immediately, so it will essentially force the remnant group meeting this Saturday to adopt a different name for the entity it will form, and by which it will be known. The governing documents which are scheduled for approval (a Constitution and Canons based on the former diocesan version before changes were approved in 2011 and 2012) will need to be changed to remove all references to "the Protestant Episcopal Church in the Diocese of South Carolina" and "the Episcopal Diocese of South Carolina." The order will remain in effect until February 1, when a hearing will be held starting at 9:00 a.m. in the Richland County courthouse on a preliminary ("temporary") injunction, pending the trial and final resolution of the case. (I am not sure why it is not to be held in the Dorchester County courthouse at St. George; perhaps some South Carolina attorney will enlighten us on injunction procedures there.)

This order, despite its temporary nature, represents a huge advantage gained in the lawsuit which Bishop Lawrence's Diocese brought early this month, after all attempts had failed to get the remnant Episcopalians to cease voluntarily their appropriations of the diocesan names and corporate seal. (The Diocese announced yesterday that fifteen other parishes had joined in the lawsuit, and that thirteen more are considering joining it later, which would bring the total number of plaintiffs to 44. Perhaps this ruling will provide the spur they need to make their decision.) The Court has found, based just on the showing presented ex parte by Bishop Lawrence and his capable attorneys, that the plaintiff Diocese made "a prima facie showing . . . as to the likelihood of [its] success on the merits." In other words, the Diocese showed to the Court sufficient indicia of its ownership of the registered marks (the names and corporate seal) that the Court believes it will prevail in the ultimate lawsuit.

Read it all.

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

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Posted January 25, 2013 at 6:00 am

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