Restraining Order Denied

Dissident parish stays in church
Episcopal Diocese's request for restraining order against local congregation rejected.

Friday, July 21, 2006

By Renée K. Gadoua and Jim O'Hara
Staff writers

State Supreme Court Justice Edward Carni on Thursday denied a request for a restraining order against a Syracuse Episcopal parish whose leaders reject the denomination's policy on homosexuality, saying the disagreement boils down to a question of ownership.

"What the court's interested in is, 'Hey, who owns this building?' " Carni said.

In a lawsuit filed Wednesday, the Episcopal Diocese of Central New York says the vestry of St. Andrew's Episcopal Church, 5013 S. Salina St., violated state law and the rules of the Episcopal Church by changing the church's certificate of incorporation.

"That was an illegalact. It is not in the power of the vestry to secede from the Protestant Episcopal Church," said Jonathan Fellows, a lawyer representing the diocese.

The suit seeks financial accounting from the church and recognition that the law grants the diocese title to all its property. The diocese also seeks to oust Robert Hackendorf as the church's leader. Fellows said Hackendorf is not licensed to minister in the local diocese.

Some members of the parish have publicly disagreed with the 2003 denominational approval to consecrate V. Gene Robinson, of New Hampshire, as the Episcopal Church's first openly gay bishop. Homosexuality and biblical authority have been at the center of debates within the denomination since then.

Six of the diocese's 94 parishes have withheld assessments to protest the church's policies on homosexuality. No one from those parishes has said their congregation intends to leave the diocese, said Bishop Gladstone "Skip" Adams.

In court Thursday, Raymond Dague, a member of St. Andrew's and the lawyer representing the church, defended the church action and accused the diocese and the Episcopal Church USA of betraying traditional church values.

"This is nota church that has just wandered off," Dague said. "It would be our contention that the diocese has changed to a new religion."

Paul Curtin, diocesan chancellor, criticized the congregation's efforts to change its name and disassociate itself from the diocese while maintaining the building. He said the congregation has no right to affiliate itself with a Rwandan bishop, who opposes the consecration of Robinson.

"It's a clear example of them acting independently without authority," Curtin said.

Adams said the lawsuit is a final resort.

"It saddens me that we've gotten to this point," he said. "I would rather resolve this pastorally."

Adams said people who disagree with actions of the Episcopal Church are free to leave it.

"However, they are not free to take an Episcopal church, its property or holdings, out of the denomination," he said.

Thursday, about 40members of the congregation were in court, where Dague said a restraining order would essentially shut down the church. Carni said Dague was overstating the impact of such a ruling.

State Supreme Court Justice James Murphy will hear legal arguments on the lawsuit Sept. 1. Carni offered Thursday to mediate the dispute, but Dague declined.

Dague said the congregation hopes to continue worshipping at the building, but he doesn't expect the court to resolve the denomination's policies on sexual orientation.

"I think some things are not settle-able, judge," he said.

Renee K. Gadoua can be reached at rgadoua@syracuse.com or 470-2203. Jim O'Hara can be reached at johara@syracuse.com or 470-2260.