From The Living Church:
Posted on: January 2, 2009
The Supreme Court of California will be filing a written opinion on Monday morning in the Episcopal church affiliation case argued before it in October.
Unlike the majority of states, which defer to hierarchical church bylaws on property disputes, California employs a neutral principle of law approach, relying heavily on the wording of the property deed and essentially treating church disputes over property like any other. Among the issues on which the court is expected to rule is “should the ‘principle of government’ approach, also known as the ‘highest church judicatory’ approach, be used to resolve disputes between a local congregation and a national church or regional diocese over ownership of church property, or should these disputes be resolved using a ‘neutral principles analysis’.”
The filed opinion will be accessible Jan. 5 at the judicial branch website at 10 a.m. Pacific Time.
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