jQuery Slider

You are here

The Episcopal Church Legal Strategy or The Thing that Refused to Die

The Episcopal Church Legal Strategy or The Thing that Refused to Die

COMMENTARY

By Ladson F. Mills III
Special to Virtueonline
www.virtueonline.org
February 18, 2015

Like a B grade horror movie with an ominous "they're back" the national church's legal strategy might be titled "The Thing that Refused to Die." As if an appeal to the Fourth Federal Circuit Court of Appeals in Richmond was not enough there is the latest hundred eighty page request to South Carolina Judge Diane Goodstein that she "reconsider" her recent ruling.

National church lawyers have worked diligently to move the case into the Federal Court system where they would expect to receive a more sympathetic hearing. In all probability the Fourth Circuit Court will order Charleston Federal Judge Weston Houck to revisit the national church's request, but direct that he use a different standard for making his decision. In spite of some vitriolic personal attacks on Judge Goodstein most legal experts believe that her rulings are sound. They dismiss criticism that her decision does not coincide with those made in other states as the 1979 Supreme Court case "Jones v Wolf" allows states to determine which of two methods to use in settling church property disputes; the "neutral principle" or the "deferential". South Carolina adopted the "neutral principle" therefore her ruling is expected to further strengthen the federal judge's decision not to accept the case even with the newly directed standard. One is left to wonder what is the real purpose behind the continued legal motions.

The protracted legal fight often described as "litigate till they capitulate" is based on the hope that people will tire of an expensive and continued legal fight and will return to the national church. It is a strategy that is not without merit. When mounting cost exceed the hopeful expectations people become more willing to accept the inevitable. The great problem with this strategy is that it no longer appears to be working having fallen victim to the "Law of Unintended Consequences."

In December of 2012 VOL was able to report that many old school liberals were growing uneasy by the "litigate till they capitulate" strategy of the presiding bishop and her chancellor and viewed this as reflective of her inexperience and lack of understanding of the church. VOL noted the emergence of neo-liberals into positions of leadership who unlike the love and relationship based old school liberals are motivated more by personal ambition than ideology. They are willing to follow the direction of 815 as long as it produces results therefore the emerging seeds of revolt are more concerned with function than philosophy. Support from the courts once considered a forgone conclusion is no longer assured, not just in South Carolina but throughout the country. Neo-liberal bishops are becoming reluctant to finance a questionable strategy when the cost is exorbitant and never ending.

Diocese of Georgia Bishop Scott Benhase used his January Diocesan newsletter to openly criticize a plan from the Executive Council to address problems facing the Episcopal Church as "magical thinking." and "unrealistic." He sites as concern a declining membership and dwindling financial resources. For one supportive of the revisionist direction of the Episcopal Church his open criticism is something which should not be overlooked.

Unless there is rapid change there will be no funds available to pay for global junkets of the Episcopal Travel Club. The recent suing of the Church Insurance Company, a subsidiary of the Pension Fund, by national church lawyers to pay for the expensive South Carolina lawsuits may make good legal sense, but has been received with less enthusiasm by those who will end up footing the bill. The presiding bishop and her chancellor may be preparing for transition into retirement, but those who are impacted by these decisions are not as quietly accepting as they once may have been. No one wants to be remembered for being the last bishop of a diocese.

During the trial in St. George there was surprising candor from the national church leadership when asked if there is a plan for reconciliation should the courts rule in their favor. There is none and it is clear that while prepared to spend millions on never ending court battles there has been no preparation in developing a reconciliation strategy.

In a recent pastoral letter South Carolina Provisional Bishop vonRosenberg expressed his view that the legal process is a means of obtaining justice. Some years ago in reaction to a court decision I complained to a young lawyer and member of my congregation, "where is the justice in that?" I will never forget the reflective manner in which she responded, "Mr. Rector, we get justice when we meet Jesus. On this side all we can expect from the courts are legalities."

Ladson F. Mills III is a priest with over thirty years pastoral experience. He is retired and lives with his wife in South Carolina. He currently serves as Scholar in Residence at the Church of Our Saviour, Johns Island. He is a regular contributor to Virtueonline

Subscribe
Get a bi-weekly summary of Anglican news from around the world.
comments powered by Disqus
Trinity School for Ministry
Go To Top