Amicus Brief filed with Texas Supreme Court by Liberty Institute
[Ed. Note: The Liberty Institute(link below) has filed an amicus brief with the Texas Supreme Court, re: Episcopal Diocese of Texas vs. provincial TEC diocese and possession of properties that left TEC 4 years ago. The link to the complete brief is: http://www.scribd.com/doc/104548905/Liberty-Brief. The court will hear the suit in early October. Liberty asserts that the suit should be dismissed because there is no statute governing factions within a church that disagree, and the court lacks jurisdiction. The brief also states that the First Amendment allows churches to change jurisdictions. Suzanne Gill, below, confirms that if the court dismisses the suits filed by TEC, The Bp. Jack Iker group will retain possession of the property. The court affirmed that the disciplinary complaint filed against 11 priests and bishops that filed an amicus brief in support of the Iker group last spring, has prompted immediate review of this issue. I can assure you, from discussions held at this summer's General Convention by TEC members from Fort Worth, that the Episcopal Church believes they will win this suit and are prepared to litigate this issue until every possibility is exhausted, possibly even to the US Supreme Court should Texas rule against them. Cheryl M. Wetzel]
Posted by Suzanne Gill, Director of Communications, Diocese of Fort Wort, office: 817-244-2885
Tuesday, September 4, 2012
The brief demonstrates the difficulties civil courts encounter when a question of church polity is at issue, which is not the issue in our case.
Our direct appeal simply asks the court to apply well-established neutral principles of Texas corporate and trust law to resolve the dispute on whether TEC, a non-owner of property, can unilaterally create a trust over the property the diocesan corporation owns. This is purely a legal question, not an ecclesiastical matter at all.
In the unlikely event the Texas Supreme Court adopts the Liberty Institute’s view, the Diocese would still retain possession of all church properties because TEC’s suit to oust the current occupants would be dismissed.
Contact: Suzanne Gill
Director of Communications
The Episcopal Diocese of Fort Worth
office: 817-244-2885
cell: 817-271-1116
Posted by Suzanne Gill, Director of Communications, Diocese of Fort Wort, office: 817-244-2885
Tuesday, September 4, 2012
Statement on recent Amicus filing
An amicus brief recently filed by the Liberty Institute, a highly-respected firm specializing in church/state issues, asks the Texas Supreme Court to dismiss TEC’s claims against the Diocese and Corporation on the ground that civil courts cannot adjudicate the authority structure of Episcopalian churches.The brief demonstrates the difficulties civil courts encounter when a question of church polity is at issue, which is not the issue in our case.
Our direct appeal simply asks the court to apply well-established neutral principles of Texas corporate and trust law to resolve the dispute on whether TEC, a non-owner of property, can unilaterally create a trust over the property the diocesan corporation owns. This is purely a legal question, not an ecclesiastical matter at all.
In the unlikely event the Texas Supreme Court adopts the Liberty Institute’s view, the Diocese would still retain possession of all church properties because TEC’s suit to oust the current occupants would be dismissed.
Contact: Suzanne Gill
Director of Communications
The Episcopal Diocese of Fort Worth
office: 817-244-2885
cell: 817-271-1116
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