The Episcopal Church, Now Please

Total Page:16

File Type:pdf, Size:1020Kb

The Episcopal Church, Now Please WLR44-3_HYDEN_3_7_08 3/18/2008 5:03:02 PM WELCOME TO THE EPISCOPAL CHURCH, NOW PLEASE LEAVE: AN ANALYSIS OF THE SUPREME COURT’S APPROVED METHODS OF SETTLING CHURCH PROPERTY DISPUTES IN THE CONTEXT OF THE EPISCOPAL CHURCH AND HOW COURTS ERRONEOUSLY IGNORE THE ROLE OF THE ANGLICAN COMMUNION R. GREGORY HYDEN∗ I. INTRODUCTION It is settled constitutional law that internal church disputes in- volving faith, doctrine, governance, and polity are outside of the pur- view of civil courts.1 The Supreme Court stated that “[t]he law knows no heresy, and is committed to the support of no dogma, the estab- lishment of no sect.”2 When a dispute erupts into schism, however, serious questions arise as to who owns church property and “[t]he state has an obvious and legitimate interest in the peaceful resolution of property disputes, and in providing a civil forum where the owner- ship of church property can be determined conclusively.”3 Thus, the Supreme Court held that, while church property disputes come under the scrutiny of the First and Fourteenth Amendments, civil courts can resolve such conflicts so long as the underlying controversy does not 4 involve determining religious doctrines or ecclesiastical issues. ∗ Sitting for the State of Florida Bar, February 2008; J.D., Florida State University, 2007; B.A., University of South Florida, 2004; Episcopal Student Board Member of the Chapel Cen- ter at the University of South Florida, 2001–2004. The author wishes to thank Professor Gey at the Florida State University for his advice and guidance in the writing of this Article. 1. Serbian E. Orthodox Diocese v. Milivojevich, 426 U.S. 696, 708–20 (1976); Presbyte- rian Church in the U.S. v. Mary Elizabeth Blue Hull Mem’l Presbyterian Church, 393 U.S. 440, 449–52 (1969); Watson v. Jones, 80 U.S. (13 Wall.) 679, 728–729 (1871); see Bryce v. Episcopal Church in the Diocese of Colo., 289 F.3d, 648, 655 (10th Cir. 2002). 2. Watson, 80 U.S. at 728. 3. Jones v. Wolf, 443 U.S. 595, 602 (1979). 4. Trustees of the Diocese of Albany v. Trinity Episcopal Church of Gloversville, 250 A.D.2d 282, 285 (N.Y. App. Div. 1999); see also Jones, 443 U.S. at 618; Serbian E. Orthodox Diocese, 426 U.S. 696; Mary Elizabeth Blue Hull Mem’l Presbyterian Church, 393 U.S. at 541 WLR44-3_HYDEN_3_7_08 3/18/2008 5:03:02 PM 542 WILLAMETTE LAW REVIEW [44:541 The Supreme Court approved two different methods that a court may use in determining church property disputes: the Defer- ence/Church Autonomy Approach5 and the Neutral Principles of Law Approach.6 The Court noted, however, that “a State may adopt any one of various approaches for settling church property disputes so long as it involves no consideration of doctrinal matters, whether the ritual and liturgy of worship or the tenets of faith.”7 “While both ap- proaches have their adherents, neither is applied with great consis- tency, and legal scholars have written extensively about how difficult it is for local parishes to order their affairs in the face of this analyti- cal quagmire.”8 Further, despite the broad authority to apply a variety of approaches, “courts frequently disregard seemingly fundamental questions such as what funds were used to purchase the property and how the relationship between the church and [local parish] operates on a day to day basis.”9 What has emerged is a body of case law that is contradictory and often unjust. Since the theological and ecclesiological tensions have developed over the election of a bishop living in a same-sex relationship and the authorization in parts of the [Anglican] Communion of a pub- lic Rite of Blessing of same-sex unions, enormous strains have also arisen in the [Anglican] Communion regarding the pastoral care of those parishes and dioceses within the Episcopal Church that have been alienated from the life and structures of the Episco- pal Church because of those developments . .In response to these developments, some primates[10] and bishops of other Prov- 449. 5. The Deference/Church Autonomy Approach was first espoused by the Supreme Court in Watson, 80 U.S. 679. Professor Douglas Laycock is widely credited with popularizing the use of the phrase “church autonomy doctrine” in his article, Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy, 81 COLUM. L. REV. 1373 (1981). Andrew Soukup, Note, Reformulating Church Autonomy: How Employment Division v. Smith Provides a Framework for Fixing the Neutral Principles Ap- proach, 82 NOTRE DAME L. REV. 1679, 1680 n.6 (2007). 6. The Neutral Principles of Law Approach was approved by the Supreme Court in Jones, 443 U.S. at 602. 7.Id. (quoting Md. & Va. Eldership of the Churches of God v. Church of God at Sharps- burg, Inc., 396 U.S. 367, 368 (1970) (Brennen, J., concurring)). 8. Kathleen E. Reeder, Whose Church Is It, Anyway? Property Disputes and Episcopal Church Splits, 40 COLUM. J. L. & SOC. PROBS. 125, 129 (2006). Ms. Reeder also notes other scholarly work on this topic. Id. at 127 n.6. 9.Id. at 126. 10. “The use of the title PRIMATE in the context of meetings of the Anglican Commun- ion denotes the chief archbishop or bishop of a province of the Anglican Episcopal family of churches.” See The Anglican Communion, Instruments of Communion: Primates Meetings, WLR44-3_HYDEN_3_7_08 3/18/2008 5:03:02 PM 2008] WELCOME TO THE EPISCOPAL CHURCH 543 inces have been drawn into ad hoc arrangements assuming or claiming differing levels of pastoral and Episcopal authority for such ministry. This has created a complex pattern of parishes which are opting out of the life and structure of the Episcopal Church.11 This interventionist structure is particularly significant to church dispute cases because Dioceses of the Episcopal Church are suing to retrieve church property from groups they consider to have left the church.12 “In addition, it is becoming clear that around half a dozen dioceses are likely to withdraw from the Episcopal Church if their leadership continues in their conviction that the Episcopal Church has departed from a proper understanding of the Christian faith as re- ceived by Anglicans.”13 Given this situation, the Anglican Primates have urged “the representatives of The Episcopal Church and of those congregations in property disputes with it to suspend all actions in law arising in this situation.”14 It is not likely that churches are heed- ing that call. If a parish in a hierarchical church splits from that church struc- ture, who gets the property? Should it make a difference that the church is hierarchical in name but congregational in reality? Should it matter if the church belongs to an international church that operates in a congregational form in name but hierarchical structure in reality? If a court defers to the highest church tribunal in matters of doctrine and polity, what standard should be used to determine what the “highest” court is? Can neutral principles of law be applied justly if a court ig- nores inherently religious documents that also specify how church property is distributed? Should the court become involved in resolv- ing church property disputes when the church itself has http://www.anglicancommunion.org/communion/primates/definition.cfm (last visited Feb. 20, 2007). 11. The Report of the Joint Standing Committee to the Archbishop of Canterbury on the Response of The Episcopal Church to the Questions of the Primates articulated at their meet- ing in Dar es Salaam and related Pastoral Concerns 9–10 (Oct. 2, 2007) [hereinafter THE REPORT], available at http://www.dncweb.org/Report_of_Jt_Standing_Comm.pdf. 12.See Episcopal Diocese of Rochester v. Harnish, No. 2006/02669, 2006 WL 4809425 (N.Y. Sup. Ct. Sept. 13, 2006) (holding that, where a parish broke from the Episcopal Church and realigned itself with the Anglican Church of Uganda, the church property belonged to the Episcopal Church). 13. THE REPORT, supra note 11, at 10. 14. The Key Recommendations of the Primates, The Communiqué of the Primates’ Meet- ing in Dar es Salaam 11 (Feb. 19, 2007) [hereinafter THE COMMUNIQUÉ], available at http://www.anglicancommunion.org/communion/primates/resources/downloads/communique2 007_english.pdf. WLR44-3_HYDEN_3_7_08 3/18/2008 5:03:02 PM 544 WILLAMETTE LAW REVIEW [44:541 not resolved that issue? This Article first explores the two approaches the Supreme Court has authorized for resolution of church property dispute cases. It will then critique the application of those approaches to the unique polity structure in the Episcopal Church and the Anglican Communion. The Article then reviews a selection of church dispute cases involving the Episcopal Church from around the country. Finally, the Article con- cludes with a new suggested framework for courts to consider when dealing with church property disputes that involve a church that is both hierarchical and congregational at both national and international levels. II. THE DEFERENCE/CHURCH AUTONOMY APPROACH The Supreme Court announced the Deference/Church Autonomy Approach by stating “whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and binding on them.”15 A. The Origins and Development of the Deference/Church Autonomy Approach16 The Deference/Church Autonomy Approach originates from the seminal Supreme Court decision in Watson v. Jones.17 This case in- volved two factions of a Presbyterian church in Kentucky disputing whether to follow the anti-slavery policy of the national church’s highest tribunal.18 The majority of the congregation disagreed with the church tribunal’s stance.19 The anti-slavery group sued in federal 15.
Recommended publications
  • The Archives of the Church of Uganda the Archives of the Church of Uganda Where to Order Kept at Uganda Christian University, Mukono BRILL P.O
    PRIMARY SOURCE COLLECTION Kept at Uganda Christian University, Mukono Christian Uganda at University, Kept Uganda of Church the of Archives The The Archives of the Church of Uganda Where to Order Kept at Uganda Christian University, Mukono BRILL P.O. Box 9000 PRODUCT INFORMATION 2300 PA Leiden • This collection will also become available The Netherlands ONLINE T +31 (0)71-53 53 500 • Language: predominantly English. F +31 (0)71-53 17 532 • Including EAD Finding Aid at www.idc.nl [email protected] (forthcoming) BRILL 153 Milk Street, Sixth Floor Boston, MA 02109 SUBJECTS USA • Education • Finances T 1-617-263-2323 • Political issues • Church ministers F 1-617-263-2324 • Land • Church work [email protected] • Sacraments Compared with many other parts of Africa, In 1961 the growth of the Church of Uganda www.brill.nl Christianity came late to Uganda. The first was recognized in the Anglican Communion envoys of the Church Missionary Society with the establishment of the Church of the www.idc.nl arrived at King Mutesa’s court on June 30, Province of Uganda, Rwanda-Burundi and 1877. After eight decades, and despite severe Boga-Zaire. persecution, Uganda ultimately became one of the most successful mission fields in the world. This collection is an important source not only By 1914, nearly the whole of the area we now for the history of Christianity in Uganda, but know as Uganda was evangelized, largely due also for the political and social development to the work of its indigenous teachers and with of the country, both before and after its support from a few European missionaries.
    [Show full text]
  • The Thing Behind the Thing”: the Role and Influence of Religious Leaders on the Use of Traditional Practices of Acknowledgement in Uganda1
    “The Thing Behind the Thing”: The role and influence of religious leaders on the use of traditional practices of acknowledgement in Uganda1 Joanna R. Quinn2 Review of Faith and International Affairs 8.1 (Spring 2010): forthcoming. The use of traditional practices to socially acknowledge past abuses is not yet fully understood. In places like Uganda, it has recently become fashionable to urge the use of traditional mechanisms. Yet little is understood about how or why such practices work or whether their use ought to be supported. As one piece of a larger study of traditional practices in Uganda, this paper considers the role and influence of Uganda’s religious leaders on the use of traditional practices. It considers the stands six major faith groups on the use of such traditional practices, before turning to their consideration of the use of neo-traditional practices. Religious Landscape The religious make-up of Uganda is as follows, according to 2002 census data: - Roman Catholic 41.9% - Protestant 42% (includes Anglican 35.9%, Pentecostal 4.6%, Seventh Day Adventist 1.5%) - Muslim 12.1% - Other 3.1% - none 0.9%3 1 A paper prepared for Canadian Political Science Association Annual Meeting, 28 May 2009, Ottawa, Canada. Research for this project was carried out with assistance from the United States Institute of Peace (SG-135-05F). All interviews and focus groups were conducted by author. 2 Assistant Professor of Political Science and Director of the Centre for Transitional Justice and Post-Conflict Reconstruction at The University of Western Ontario. 3 Uganda Bureau of Statistics, Uganda Population and Housing Census 2002 (Kampala: Government of Uganda, 2003).
    [Show full text]
  • WEEK 1: a Very, Very, Brief History of the Pre-Reformation Christian Church B Y D R
    EVER-REFORMING: A REFORMATION 500 CROSS-GENERATIONAL STUDY WEEK 1: A Very, Very, Brief History of the Pre-Reformation Christian Church B Y D R. MA RK ELLINGSEN ( PROFES SOR OF CHU RCH HISTORY, INTERNATIONAL THEOLOGICAL CENTER ) TOPIC SUMMARY The church grew like wildfire in the 1500 years after Jesus’ death. It quickly changed from being a small Jew- ish sect into the religion of Europe. Although Christianity had originally been a movement of Jews, immediate- ly after gaining a Gentile majority of the membership sometime in the 2nd century, it was still a religion with its heaviest concentration in Israel, the Near East, and North Africa. It was not until the adoption of Christianity by the Roman Emperor Constantine in the 4th century that Christianity began to be associated with Europe and Western culture. (We must never forget how Jewish, Asian, and African our faith is.) Most of the first Christians, much like Jesus, came from lower-class backgrounds. However, their commitment, willingness to suffer for their faith, and care for the poor attracted more and more powerful people within the Roman Empire. This accounted for much of the church’s phenomenal growth. This in turn led the church to gain educated leaders who in the 4th and 5th centuries developed some of our great doctrines: the Trinity, the two natures of Jesus, original sin, and the prioritizing of grace over works. (Liturgical styles of worship, teach- ing about the sacraments, and the determination of what books would and would not be in the Bible had been addressed in previous centuries.) The increasing numbers of Christians among the educated elite meant that Christian theology developed in conversation with the cutting-edge intellectual developments of the day.
    [Show full text]
  • The Episcopal Church USA 'Walks Apart' from The
    th Volume 1, Issue 18 19 July 2009 The Episcopal Church USA ‘Walks Apart’ from the Anglican Communion The Episcopal Church USA (TEC) concluded its triennial legislative General Convention on Friday, 17th July 2009, in Anaheim, California. During the ten-day meeting of their governing body, Deputies and Bishops passed two resolutions clearly signaling TEC’s desire to “walk apart” from the Anglican Communion. The Convention passed by a 2-1 margin resolutions permitting the election and consecration as Bishops of practicing homosexuals as well as the collection and development of rites for the blessing of same-sex unions. The Convention further permitted Bishops to authorize rites for the blessing of same-sex unions in their dioceses. Moreover, the Convention, when given an opportunity to uphold the uniqueness of Christ, defeated such a resolution. Many in the worldwide Anglican Communion, especially in the UK, who were in denial about the depth of apostasy by the Episcopal Church have acknowledged, with these resolutions, the departure of TEC from the historical and Biblical faith of Anglicanism and recognize that TEC has chosen to “walk apart” from the Anglican Communion. “In Windsor’s language, Bishop N.T. (Tom) Wright, the influential evangelical they have chosen to ‘walk Bishop of Durham, England, and principal author of the apart’.” Bishop N.T. Windsor Report – a report written in response to the Wright, Durham, England Primates request to address the torn fabric of the Anglican Communion after TEC’s consecration of a practicing homosexual as Bishop of New Hampshire – concluded in a 15th July (London) Times Editorial that these decisions mark “a clear break with the rest of the Anglican Communion.” Bishop Wright continued, “Both the bishops and deputies (lay and clergy) of TEC knew exactly what they were doing.
    [Show full text]
  • The Resourcing Mission Group
    THE RESOURCING MISSION GROUP INTERIM REPORT – MAY 2005 CONTENTS Page INTRODUCTION 1 1 Some opening remarks 1 A THE SHIFT TO A DYNAMIC MISSION EMPHASIS 2 2 The Need for Change 2 3 The Call to Mission 3 4 Priorities for Change 4 5 Developing the Required Strategies 6 B FUNDING THE CHURCH’S MISSION 7 6 Mission and Money 7 7 The Resource Problem 7 8 Finding More Resources 9 9 Members’ Giving 9 10 Need for Transparency 10 C MUTUAL SUPPORT 11 11 The Imperative 11 12 The Problems 12 13 Voluntary Solutions 13 14 Developing Partnership Arrangements 14 15 Going Further 15 D NATIONAL FUNDING 16 16 The Problem of National Historic Resources 16 17 Current Issues 17 18 Moving Forward 18 19 Local Decision-Making 19 20 More Targeted Support 19 21 Focus on Mission 20 22 Accountability 22 E SUMMARY 23 23 Summary of Recommendations 23 WORK IN PROGRESS INTRODUCTION Some Opening Remarks 1.1 In February 2004, General Synod debated a consultation document (GS1529) prepared by the Spending Review Working Group. The Group had been commissioned by the Archbishops’ Council and the Church Commissioners to consider the optimal use of the Commissioners’ funds in 2005-7 and in the longer- term. There was a mixed reaction to the Group’s proposals and the Synod debate was adjourned. It was subsequently agreed by the Archbishops’ Council, Church Commissioners and House of Bishops’ Standing Committee that the Working Group had raised some important questions in relation to the Church’s mission and funding, and that further work should be undertaken to address them.
    [Show full text]
  • AAC Timeline
    THE ANGLICAN REALIGNMENT Timeline of Major Events 1977 Continuing Anglican Movement is 1987 & 1989 founded over the mainstream ordination of women to the priesthood. TEC Panel of bishops dismiss heresy Composed of several breakaway charges against Bishop Spong of Anglican jurisdictions no longer in Newark; he rejects among other things communion with Canterbury, some of the incarnation, atonement, these will join the Anglican Church in resurrection, the second coming of North America (ACNA) during the Christ and the Trinity. realignment. 1994 Global South Anglicans (GSA) begin meeting and communicating in earnest between its members regarding the growing liberal theological trends in the Anglican Communion. 1996 1998 The American Anglican Council (AAC) is founded by Bp. David Anderson as a Lambeth Council of Bishops takes place response to unbiblical teachings in TEC under Canterbury’s leadership, during and the larger Anglican Communion. which Anglican bishops overwhelmingly Begins organizing in earnest hundreds (567-70) uphold the biblically orthodox of clergy and lay delegates to the TEC definition of marriage and sexuality in Triennial General Conventions (1997, Lambeth Resolution 1.10. Bishops from 2000, 2003, 2006 and 2009) to stand up TEC and ACoC immediately protest that for “the faith once delivered to the they will not follow Biblical teaching. saints.” (Jude 3) 2000 Anglican Mission in the Americas (AMiA) is founded in Amsterdam, Netherlands, due to theologically liberal developments in the Episcopal Church 2002 (TEC) and the Anglican Church of Canada (ACoC) under the primatial Diocese of New Westminster, Canada, oversight of Rwanda and South East authorizes rite of blessing for same-sex Asia.
    [Show full text]
  • Anglican Church of Uganda
    ANGLICAN CHURCH OF UGANDA A TRAINING HANDBOOK FOR RELIGIOUS LEADERS AND CHURCH INSTITUTIONS CHRISTIAN-BASED APPROACH TO: Maternal and Child Health Sexual Reproductive Health HIV and AIDS Gender Gender Based Violence Family Planning ii A TRAINING HANDBOOK For Religious Leaders and Church Institutions A TRAINING HANDBOOK For Religious Leaders and Church Institutions iii iv A TRAINING HANDBOOK For Religious Leaders and Church Institutions A TRAINING HANDBOOK For Religious Leaders and Church Institutions v vi A TRAINING HANDBOOK For Religious Leaders and Church Institutions Acknowledgement Church of Uganda is grateful to United Nations Population Fund for supporting the development and publication of this handbook. We would like to especially thank Dr. Ochan Wilfred and Ms Acema Peace who provided valuable support during the development of this handbook. In special way would also want to thank Uganda Christian University Team of Dr. Fabian Nabugoomu, Dean Faculty of Health Sciences UCU, Dr. Edward K. Kenyesigye, Senior Lecturer and Head Department of Health Sci ences, Dr. Rev. Alex Kagume, Rev. Amos Turyahabwe, and Ms Harriet Nakanyike for their contribution in the development, design and Christian perspective in reproductive health. Special thanks also go to the health department team especially Ag. Provincial health coordinator Mr. Joseph Adweka and Dr. Twesigye Patrick for their tearless effort in having the book pre tested edited and printed. We are also very grateful to the leadership of Church Of Uganda Provincial Secretariat provided by Rev. Canon George Bagamuhunda provincial secretary, Mr. Richard Obura provincial Treasurer, Mr. Vasco Kura Provincial Education coordinator. In addition we are very grateful to the dioceses that are implementing the UNFPA program for their great contribution in the pretesting of the handbook.
    [Show full text]
  • Efm Vocabulary
    EfM EDUCATION for MINISTRY ST. FRANCIS-IN-THE-VALLEY EPISCOPAL CHURCH VOCABULARY (Main sources: EFM Years 1-4; Oxford Dictionary of the Christian Church; An Episcopal Dictionary of the Church; The American Heritage Dictionary) Aaronic blessing – “The Lord bless you and keep you . “ Abba – Aramaic for “Father”. A more intimate form of the word “Father”, used by Jesus in addressing God in the Lord’s Prayer. (27B) To call God Abba is the sign of trust and love, according to Paul. abbot – The superior of a monastery. accolade – The ceremonial bestowal of knighthood, made akin to a sacrament by the church in the 13th century. aeskesis –An Eastern training of the Christian spirit which creates the state of openness to God and which leaves a rapturous experience of God. aesthetic – ( As used by Kierkegaard in its root meaning) pertaining to feeling, responding to life on the immediate sensual level, seeing pleasure and avoiding pain. (aesthetics) – The study of beauty, ugliness, the sublime. affective domain – That part of the human being that pertains to affection or emotion. agape – The love of God or Christ; also, Christian love. aggiornamento – A term (in Italian meaning “renewal”) and closely associated with Pope John XXIII and Vatican II, it denotes a fresh presentation of the faith, together with a recognition of the wide natural rights of human being and support of freedom of worship and the welfare state. akedia – (Pronounced ah-kay-DEE-ah) Apathy, boredom, listlessness, the inability to train the soul because one no longer cares, usually called “accidie” (AX-i-dee) in English.
    [Show full text]
  • The Way, the Truth and the Life
    The Way, The Truth and the Life Theological Resources for a Pilgrimage to a Global Anglican Future Prepared by the Theological Resource Team of the Global Anglican Future Conference (GAFCON) The Latimer Trust Individual contributors retain copyright to their own work. Cover photograph: The Via Dolorosa, Jerusalem © mr.lightning – Fotolia.com This collection is © to The Latimer Trust ISBN 978-0-946307-94-4 May 2008 Printed in Israel by Absolut Copy Published by the Latimer Trust PO Box 26685 London N14 4XQ www.latimertrust.org The Theological Resource Group of the Global Anglican Future Conference and Pilgrimage Chairman: Archbishop Nicholas Okoh, Bishop of Asaba and Archbishop of Bendel, Nigeria Convenor: Canon Dr Vinay Samuel, South India Archbishop Okoro, Archbishop of Orlu, Nigeria Bishop Onuoha, Bishop of Okigwe, Nigeria Bishop Simeon Adebola, Bishop of Yewa, Nigeria Bishop John Akao, Bishop of Sabongidda-Ora, Nigeria Professor Dapo Asaju, Department of Religious Studies, Lagos State University, Nigeria Canon Festus Yeboah-Asuamah, Kwame Nkrumah University of Science and Technology, Ghana Revd Roger Beckwith, England Bishop Wallace Benn, Bishop of Lewes, England Bishop Robinson Cavalcanti, Bishop of Recife, Brazil, Southern Cone Bishop John Ellison, former Bishop of Paraguay Bishop Michael Fape, Bishop of Remo, Nigeria Dr Steven Ferguson, USA Canon Alistair MacDonald-Radcliff, sometime Dean of All Saints Cathedral, Cairo, Egypt Revd Professor Stephen Noll, Vice Chancellor, Uganda Christian University Bishop Ikechi Nwosu, Bishop of
    [Show full text]
  • A Primer on the Government of the Episcopal Church and Its Underlying Theology
    A Primer on the government of The Episcopal Church and its underlying theology offered by the Ecclesiology Committee of the House of Bishops Fall 2013 The following is an introduction to how and why The Episcopal Church came to be, beginning in the United States of America, and how it seeks to continue in “the faith once delivered to the saints” (Jude 3). Rooted in the original expansion of the Christian faith, the Church developed a distinctive character in England, and further adapted that way of being Church for a new context in America after the Revolution. The Episcopal Church has long since grown beyond the borders of the United States, with dioceses in Colombia, the Dominican Republic, Ecuador (Central and Litoral), Haiti, Honduras, Micronesia, Puerto Rico, Taiwan, Venezuela and Curacao, and the Virgin Islands, along with a Convocation of churches in six countries in Europe. In all these places, Episcopalians have adapted for their local contexts the special heritage and mission passed down through the centuries in this particular part of the Body of Christ. “Ecclesiology,” the study of the Church in the light of the self-revelation of God in Jesus Christ, is the Church’s thinking and speaking about itself. It involves reflection upon several sources: New Testament images of the Church (of which there are several dozen); the history of the Church in general and that of particular branches within it; various creeds and confessional formulations; the structure of authority; the witness of saints; and the thoughts of theologians. Our understanding of the Church’s identity and purpose invariably intersects with and influences to a large extent how we speak about God, Christ, the Spirit, and ourselves in God’s work of redemption.
    [Show full text]
  • Not English, but Anglican’
    Cambridge University Press 978-0-521-00866-2 - A History of Global Anglicanism Kevin Ward Excerpt More information chapter 1 Introduction: ‘not English, but Anglican’ The Anglican communion describes itself as a ‘fellowship’ or ‘commu- nion’ of autonomous Christian churches, united by a common history, confessing a common faith and (traditionally) a common liturgy. There are thirty-eight distinct and independent Anglican churches or ‘pro- vinces’, existing in a particular country or spread over a number of countries. Provinces vary in size from the big churches such as the Church of England (26 million baptised members), the Church of Nigeria (17.5 million), the Church of Uganda (8 million) and the Episcopal Church of Sudan (5 million) to the tiny communities of the Southern Cone of America (22,490), Mexico (21,000), the Anglican Church of Korea (14,558) and the Episcopal Church in Jerusalem and the Middle East 1 (10,000). This book is an attempt to write a history of the Anglican communion from its inception as a worldwide faith, at the time of the Reformation, to the present day. While it does not ignore the contribution of the Church of England or of those of British extraction who have established Anglican churches in other parts of the world, its emphasis is on the activity of the indigenous peoples of Asia and Africa, Oceania and America in creating and shaping the Anglican communion. In the British Isles, attention is paid to Welsh, Irish and Scottish contributions, not least because they played a disproportionate part in the establishment of Anglican churches in other parts of the world, both as colonists and as missionaries.
    [Show full text]
  • In the Supreme Court of the United States ______THE PROTESTANT EPISCOPAL CHURCH in the DIOCESE of SOUTH CAROLINA, ET AL., PETITIONERS, V
    No. 17-1136 __________ In the Supreme Court of the United States __________ THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF SOUTH CAROLINA, ET AL., PETITIONERS, v. THE EPISCOPAL CHURCH, ET AL., RESPONDENTS. __________ ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA ____________________ BRIEF OF THE FALLS CHURCH ANGLICAN AND THE AMERICAN ANGLICAN COUNCIL AS AMICI CURIAE IN SUPPORT OF PETITIONERS SCOTT J. WARD* *Counsel of Record Gammon & Grange, P.C. 8280 Greenboro Dr., Suite 140 McLean, VA 22102 (703) 761-5012 [email protected] Counsel for Amici Curiae i QUESTION PRESENTED Whether the “neutral principles of law” approach to resolving church property disputes requires courts to recognize a trust on church property even if the alleged trust does not comply with the State’s ordinary trust and property law. ii TABLE OF CONTENTS Page QUESTION PRESENTED .................................. i TABLE OF CONTENTS..................................... ii TABLE OF AUTHORITIES .............................. iii INTRODUCTION AND INTERESTS OF AMICI CURIAE.................................................. 1 REASONS FOR GRANTING THE PETITION. 5 I. This Court Should Grant the Petition and Clarify the Application of Jones v. Wolf’s Neutral-Principles Standard to Reduce Church Property Litigation and the Burdens It Imposes on Congregations, Dioceses, and Denominations. ............................................ 5 II. This Court Should Grant The Petition and Clarify That Jones v. Wolf Does Not Require Courts to Enforce Canons That TEC Itself Has Repeatedly Admitted Are Not Legally Cognizable and Have No Civil Law Effect Without Statutory Support. ....................... 12 III. This Court Should Grant Review to Avoid the Serious Establishment Clause Concerns Raised by the Ruling Below. ...................... 20 CONCLUSION ................................................
    [Show full text]