SAN JOAQUIN: Appellate judges: Episcopal case 'confusing'

Via VirtueOnline:

By Chris Collins
http://www.fresnobee.com/2010/10/20/2125536/appellate-judges-say-episcopal.html
Oct. 20, 2010

The appellate justices who will decide whether the U.S. Episcopal Church or the breakaway Anglican Diocese of San Joaquin owns the diocese's church properties on Wednesday appeared uncertain about the court's authority to rule on the issue.

"We are involved in a very confusing question of power of the church versus power of the court," said 5th District Court of Appeal Justice Dennis Cornell, who repeatedly compared the schism between the two church groups to the Civil War.

Justice James Ardaiz also acknowledged the case was "confusing."

The California Supreme Court already has sided with the national Episcopal Church in a similar property battle involving three breakaway Southern California parishes. But this dispute represents the first time an appellate court has had to decide whether a breakaway group can keep church property and assets if an entire diocese -- not just a parish -- splits from the Episcopal Church.

The justices, however, questioned whether it was even within the court's authority to rule on the issue. The three-member panel is expected to rule in about a month.

In December 2007, John-David Schofield, bishop of the Valley diocese, led 40 of its 47 parishes -- from Bakersfield to Stockton -- out of the Episcopal Church and into the Anglican Church of the Southern Cone of South America. It later joined the newly formed Anglican Church in North America. It was the first time a diocese had left the U.S. Episcopal Church in more than a century.

An overwhelming number of the diocese's members voted to split from the national Episcopal Church because of disagreements over such issues as same-sex marriage and the ordination of gay bishops. The Anglican diocese holds to a more conservative theology.

In March 2008, the national Episcopal Church removed Schofield as bishop of the diocese, and the remaining seven parishes selected the Rev. Jerry Lamb as his successor. Lamb requested that Schofield relinquish all diocesan property, but Schofield declined, leading to the lawsuit a month later.

Last year, a Fresno County Superior Court judge ruled that the Episcopal Church is a hierarchical religious organization and that the diocese had long recognized the mother church's ultimate authority. The judge decided the diocese couldn't claim a right to the property in a jury trial, a decision the diocese is appealing to the 5th District.

The case ultimately will be sent back to the superior court, where a jury will make a final decision on the property's owner.

The Fresno courtroom on Wednesday was packed with about 50 people from the breakaway diocese and another 10 congregants who stayed with the national Episcopal Church. The Episcopal parishioners continue to worship at temporary venues and at the seven parishes that remained with the national church.

During the hearing, Russell VanRozeboom, attorney for the diocese, said that the constitutions of the national church and the diocese make it clear that a diocese has the power to elect its bishop and amend its constitution -- including amending it to secede from the national church. He sought to portray the Episcopal Church as an association of groups as opposed to a hierarchical organization.

Attorneys for the Episcopal Church, however, said that there is a structure and order to the church. Even though bishops oversee day-to-day activities, the national church has the authority to remove a bishop if necessary, they said.

After the hearing, a handful of members of the Episcopal Church said they are confident the justices will rule in their favor.

"We're hopeful -- very hopeful," said Betty Wenn, a member of St. Paul's Episcopal Church in Visalia.

END