A Message from Bishop David Anderson
Dearly Beloved in Christ,
There are certainly many issues to be watching in The Episcopal Church (TEC) in the United States. One issue is the continuing expansion of homosexual marriage and blessing rites, and their de facto acceptance or outright advocacy in many of the TEC dioceses. For example, TEC dioceses in California are opposing a state-wide general election proposition that would limit marriage to heterosexual couples. Yes, that is right, TEC dioceses in California are advocating and lobbying for homosexual marriage as the law of the state.
Elsewhere, litigation issues are still at the forefront as the TEC Diocese of Virginia, having failed to convince the lower court on matters of law or fact, have instead relied on a third leg of the legal stool: money. The Diocese has in the past borrowed and spent at least two million dollars on litigation, and has by now probably spent an addition million. This borrowing is reputed to be based on loans secured by liens on the titles to various Church properties, and this in a time of declining property values with an uncertain means of repaying the loans. The churches being sued by the diocese have raised and spent two million and are currently working on raising an additional million to cover the expenses of fighting off the Diocese of Virginia and the national church's lawsuits. The Diocese of Virginia is taking a high-risk gamble - that they can outspend the orthodox churches and cause them to fall out of court for lack of financial backing for their legal expenses. That is the third leg of the legal stool tactic; if it fails, the Diocese of Virginia will have to sell massive pieces of real estate in a down market, letting church property go for a fraction of its former and future value. For Bishop Peter Lee, that is the price of his sinful litigation.
Another issue to watch inside and outside TEC is the relative value of the Church Pension Fund holdings in the chaotic financial upheaval that is going on in the USA. Everyone should be concerned about the relative amount of shrinkage of the fund due to stock market fluctuations (although it has been significantly over-funded up to this point). Those enrolled in the Pension Fund, whether inside or outside of TEC, have concerns that the Fund be strong and able to continue supporting those drawing pensions as well as providing for those who will retire in the future, together with their spouses and dependent children. In addition to the financial upheaval there is also the question as to what degree The Episcopal Church may be diverting Pension Fund assets for litigation purposes in courtroom battles around the country.
We know that the Pension Fund is regularly audited by the State of New York's Insurance Department. This year is a year when they will do a full scale audit again. There is reputed to be at least 8.5 to 9 billion dollars (before the stock market shake-up) in the fund, and the obligations are resting at about 5 billion. That leaves 3 to 4 billion of over-funding in theory, although in reality it should be viewed as catastrophic reserve, cushioning against a depression-type collapse of the financial markets. The last thing that the Pension Fund should be doing with its assets is giving them to TEC to use for litigation, and we think that the upcoming audit will turn the light on. The documentation already available shows that $25,000 of Pension Fund money was allocated to Stacy Sauls' Property Task Force, implying that improper decisions have been made. The grant, whether spent or not, should never have been approved, as we believe it would be illegal. We will be following this aspect over the coming months and reporting as we unearth further information, including the audit results."
The massive amounts of money that the Episcopal Church is setting aside for litigation might be called the David Booth Beers Full Employment Fund. According to information my staff has been able to uncover, in 2004 TEC spent $508,000, in 2006 $700,000, and in the 2007 budget $800,000 was allocated with an extra $360,000 if needed. Where is this money coming from? In part it is coming from cutting back on mission aid to some of the poorest Episcopalians in the USA. Sources inside South Dakota report that Episcopal mission work is being drastically cut back in some of the poorest counties in the United States. Across the state, on the Sioux (Niobrara) reservations, many chapels are being closed and padlocked due to a reduction in TEC financial support.
To understand the Episcopal Church in South Dakota is to learn that the Anglican form of Christianity came into Dakota Territory with Sioux laity and Sioux clergy who were being forced out of Minnesota. These Anglican Sioux shared with and evangelized their related Sioux groups within the Dakota Territory, and in time shared it with the white or European immigrants who were arriving. There are three main groupings of the Niobrara people based on language: the Dakota, the Lakota, and the Nakota, and on their reservations, tribal land was set aside by them for chapels operated by Episcopal Church clergy, lay readers and catechists. The property wasn't given to the Episcopal Church USA or the Episcopal Diocese, intending to enrich them with the land, but rather for the Niobrara people to use. Now that the Episcopal Church has closed the chapels and padlocked them, TEC claims that TEC owns the chapels and the land.
The problem for TEC is that land holding and ownership on a Niobrara reservation isn't like having or owning land in New York; when they closed the chapel, they forfeited their use right and ownership reverts to the community or the reservation. If the question is to be litigated, it should be litigated in Tribal Court on each reservation, with Niobrara judges. Lydia Bear Killer, president of the vestry of the Church of the Inestimable Gift in Allen, SD, told the Rapid City Journal, "Our concern is the cemeteries, the land and the buildings. We're going to do whatever it takes to maintain our church, our land and our cemeteries." One of the churches closed is the chapel at Red Shirt Table. In the mid-1980's, a number of us from Rapid City went there and helped re-roof the church building. We didn't do it to enhance the value of Episcopal Church property; we did it so that those who worshiped there didn't have a leaky roof. The property is consecrated to God, not to TEC, especially not if TEC is going to abandon services there.
In other property matters pertaining to TEC, the Episcopal Diocese of Los Angeles' lawsuit against St. James', All Saints' and St. David's churches is scheduled to be broadcast on the California Channel TV. The entire California Supreme Court's Special Oral Argument Session will be broadcast on October 7 and 8, beginning at 9:00 a.m. on Tuesday, October 7. Go to http://www.calchannel.com or http://www.courtinfo.ca.gov/linkpol.htm or http://www.courtinfo.ca.gov/courts/calendars/documents/SOCTA08.PDF or http://www.courtinfo.ca.gov/courts/supreme/riv-oralarg.htm
In Pittsburgh, this is the weekend that everyone has been anxious about, both orthodox and revisionists: what will be the outcome of the voting on staying or seceding from TEC? Journalists from a number of media sources are on site waiting to report on the outcome. If the vote is to leave TEC, Katharine Jefferts Schori has her own doomsday plan that will immediately launch, with The Rev. Jim Simons as the new chair of a faux Standing Committee, as well as a bishop appointee from somewhere who is behind the curtain just waiting for the word. Rumor has it that retired TEC Bishop Walter Righter, who lives in Pittsburgh, would love to "take Duncan's place," though why he would have animosity toward Bishop Duncan is unclear.
In addition to Pittsburgh's decision, the same question will come before the Diocesan Conventions of Fort Worth and Quincy in the near future, and by year's end The Church of Perpetual Litigation could look very different. For right now, though, the focus is on Pittsburgh, and tomorrow, Saturday, October 4, is The Day of Decision.
Oh God, grant those who will be making decisions tomorrow your holy wisdom and courage, that they may accurately hear you, completely trust you, and faithfully follow you into the future ahead. Amen.
Blessings and peace in Christ Jesus,
The Rt. Rev. David C. Anderson, Sr.
President and CEO, American Anglican Council
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