Staff and Wire reports
SYRACUSE -- The Episcopal Diocese of Central New York sued one of its parishes Wednesday to stop any transfer of church property in a dispute over homosexuality in the church. Supreme Court Justice Edward D. Carni ruled Thursday against the diocese's request -- a request that would have shut down St. Andrew's Church in Syracuse.
"I was very pleased that the court did not do what the diocese wanted," said Raymond Dague, a parishioner and lawyer representing St. Andrew's Church in Syracuse. "What's very, very sad is this incredibly mean-spirited diocese suing one of its own."
Attorneys for the diocese could not be reached.
The court action stems from a rift in the diocese after Bishop Gladstone Adams voted in favor of the 2004 consecration of New Hampshire Bishop V. Gene Robinson, said a parishioner involved in the case. Robinson's appointment created a schism in the Episcopal Church because he is gay.
Dague said his parish is more traditional than the diocese and the issue of homosexuality in the church has been a "lightning rod" for the division. St. Andrew's Church did not support the consecration of the gay bishop.
The outcome of the suit could have ripple effects throughout the Episcopal community, said the Rev. Matthew Kennedy, rector of The Church of the Good Shepard on Conklin Avenue, Binghamton.
"The legal aspect of this is a tragedy," Kennedy said. "It says the relationships have broken down to such an extent that we no longer consider discussion a possibility."
Kennedy cited a passage from Corinthians that forbids lawsuits between believers.
Dague said the St. Andrew's Church parish and its 175 members moved in February to amend its certificate of incorporation and seek a shift in its "ecclesiastic oversight" from Adams to Archbishop Emmanuel Kolini, head of the Anglican Church in Rwanda and the Anglican Mission in America.
The diocese responded by asking for a restraining order to prevent transfers of what it views as diocesan property, including St. Andrews, according to court documents. The diocese also wanted a full financial accounting from St. Andrew's and a ruling that the law grants the diocese title to all church property.
Lawyers for the diocese and the parish were scheduled to be back in court Sept. 1.
Staff writer Brian Liberatore and the Associated Press contributed to this report.
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