By Jennifer Berry Hawes
ST. GEORGE – The judge presiding over the local Episcopal schism trial said Wednesday that she considers the case a matter of neutral, secular state laws and not about a hierarchical church’s authority, a potential blow to The Episcopal Church’s argument that it has the religious freedom to govern its own dioceses.
“I’m not going into the hierarchical part,” Circuit Judge Diane Goodstein said.
At issue is whether state civil laws override a national, hierarchical church body’s authority on matters of governance such as whether a subunit can secede or whether to hold property in trust.
“To what extent am I going to delve into ecclesiastical law?” Goodstein asked. “I’m not.”
David Beers, chancellor to The Episcopal Church’s presiding bishop, disagreed: “We contend hierarchy is important.”
Along the same lines, local Episcopalians joined the Presbyterian Church (U.S.A.) and the United Methodist Church in asking the U.S. Supreme Court to hear a similar Texas case. They are seeking to clarify about which takes precedence given similar cases around the country have yielded different rulings.
Read more at http://www.postandcourier.com/article/20140723/PC16/140729710/1002/judge-in-episcopal-schism-trial-its-a-civil-matter
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This would be the second case the episcopal church could lose in SC, the All Saints Pawley island case was handed down by the state supreme court, now this. I’m just thinking of all our churches that want to leave but are just laying low until this is cleard up. A victory for this break away diocese just like in Texas, would be a victory for those who paid for THEIR properties.
The article notes that PCUSA and other denominations are trying to take the trust clause issue to the US Supreme Court. I have read several opinions that the Court is very unlikely to accept the case, having no desire to get into churches’ constitutions and rules. So the trust clause will likely remain in state courts, and “neutral principle” states like Texas will eventually see the death of that clause. But it may take years for it all to happen; in the meantime, many Texas and South Carolina and other neutral principal states will have congregations remaining imprisoned in the denomination, until the PCUSA sees final defeat in those courts.