ECUSA litigation scorecard

The influential American Anglican attorney, A.S. Haley, on Sunday published his annual survey of ECUSA property litigation. He counts 83 cases since 2000 where ECUSA (and/or its dioceses) sued others.

He also lists 8 where ECUSA was the defendant, but in 7 of the 8, ECUSA or the diocese “ triggered the filing of a lawsuit by moving to take control of the individual church's assets”. The exception was the Pawley’s Island (S.C.) parish (successfully) suing to keep its property as part of its plan to join AMiA.

Of the 83 suits, 33.7% (28) involve California parishes. The next largest batch of litigation is the 23 lawsuits in Virginia, including the historic The Falls Church and Truro Church in suburban DC.

Nineteen of the California suits (#11-29) involve the Diocese of San Joaquin (#11) or 9 of its parishes, sued twice (#12-29). All are tied to the lawsuit against the diocese, currently (for a second time) at the state court of appeals.

The other nine lawsuits:

• St. John's (Fallbrook) #2,#5
• St. Luke's (La Crescenta) #9
• All Saints (Long Beach) #7
• St. James (Newport Beach) #6
• St. David's (North Hollywood) #8
• St. Anne's (Oceanside) #3
• St. John's (Petaluma) #10
• Holy Trinity (San Diego) #4

According to Haley, three LA-area cases (Newport Beach, North Hollywood, Long Beach) are currently on appeal, while in a fourth (La Crescenta) the Anglican parish decided not to appeal a loss. The Anglican parishes also lost (or stopped appealing) the remaining five lawsuits.

I've attended services at six of the California parishes (in their original, pre-litigation locations), and two post-litigation.

Compared to parishes where (thus far) the dioceses have left with their structure and parishes intact, the ECUSA legal tactics have succeeded in increasing the cost of leaving — deterring other parishes from doing what they know would be theologically preferable. As Haley notes, in several cases ECUSA (or its diocese) has abandoned the parish because there were not enough remaining congregants to support a parish.

An end to one Anglican tradition in San Diego

On Sunday, the parishioners of Holy Trinity (ACNA) in San Diego held their final Sunday worship service in the sanctuary (a half mile from the Pacific) that they have called home for six decades. Having surrendered their legal fight with the Episcopal Diocese of San Diego, on Thursday their rector will hand over the keys to the diocese.

A brief story ran last week in the neighborhood weekly, the Peninsula Beacon. On Wednesday, the San Diego Union-Tribune is running a major feature story on this, the last Schism II church in San Diego to surrender its building. (The next to last parish, St. Anne’s of Oceanside, gave up their property a year ago.)

Attending services on both Dec. 25 and 26 at Holy Trinity was very poignant for me, and not because this was the second time I witnessed an ACNA parish surrender their building to TEC. This one was more personal, because this is the parish that my father once attended.

At both services, Fr. Lawrence Bausch, SSC made reference to the move. The Christmas service emphasized Christ coming for our eternal salvation, and thus the need to focus beyond temporary and temporal concerns. The Christmas 1 sermon highlighted some of the history of the parish, which began worship at an Ocean Beach home on Trinity Sunday 1921. (A 95-year-old parishioner attended both the first service and Sunday’s final service in their longtime sanctuary.)

Despite the sadness, it was no surprise: this move has been a long time coming. Holy Trinity (along with St. Anne’s and a third parish in Fallbrook) was first sued in 2007. Other than St. James Newport Beach, I believe all the other California churches have given up on their fights against their respective dioceses. (TEC litigation against the Diocese of San Joaquin poses different legal issues.)

I’ve followed the Holy Trinity situation intermittently over the last three years. Last summer, the vestry and then an all parish meeting decided to abandon the legal appeals and hand over the building to the TEC. As I understand it, the expenditure was certain but the benefit highly uncertain, and at this point the church leaders decided that it was time to move on (both figuratively and literally).

Unlike in Oceanside, the diocese was in no hurry to get the building back. There is a very liberal parish, All Souls, less than two miles away. There is no rump “Episcopalian” membership of Holy Trinity — the entire parish is leaving lock, stock and barrel. Unlike the other disputed properties, the diocese does not even list Holy Trinity in its church finder. Plans to hold a Jan. 9 service as the nucleus of a new congregation seem unlikely to succeed. At the same time, the Union reports that the diocese wanted $2 million to sell the building and was unwilling to rent it to Holy Trinity.

Meanwhile, the “farewell to the building” service (with about 100 people present) was the most crowded I’ve seen since the litigation began. I only recognized a handful of people, in part because (as with elsewhere in California) people have been moving to lower cost locations as the economy has soured.

As the Union article notes, the Holy Trinity faithful are moving (literally) next door to the sanctuary of a much larger LCMS parish, Bethany Lutheran. Sunday’s service concluded at Bethany with a joint prayer between Father Bausch and Pastor Steven Duescher. The combined congregations sang “The Church’s One Foundation” from the Lutheran Service Book (words by Samuel Stone, tune by S.S. Wesley).

However, in the shared space, Holy Trinity will have a less than desirable Sunday worship time: 8:00, before the home parish (10:30), Immanuel Korean Church (12:30), and a non-denominational church (5:00). The facilities (especially parking) are spacious, but the time will be a challenge over the long haul.

Fr. Bausch was called to Holy Trinity in 1979, and he fits the parish so well that it’s hard to imagine the parish with anyone else. How many Episcopal (let alone Anglican) priests are regular surfers? However, his position at Holy Trinity is perhaps a fluke, since in 1979 he was also being considered at another Anglo-Catholic parish in the diocese, St. Michael’s of Carlsbad. The rector called to St. Michael’s in 1979 retired in 1995, and his replacement was forced out earlier this year by the Bishop of San Diego. Once the largest Anglo-Catholic parish in the diocese, St. Michael’s is now destined to become a bastion of high church progressives as its Anglo-Catholic members have formed a new ACA parish, St. Augustine of Canterbury.

In some ways, however, the San Diego ACNA parishes — even without permanent facilities — seem on a more sound foundation than much of ACNA — perhaps due to the mutual support that they provide to each other. Five San Diego area parishes are among 19 in the Diocese of Western Anglicans. These five in San Diego County (population 3 million) contrast with three in Los Angeles County (population 9 million). In part, this seems a testimony to two doctrinally sound (and one decent) bishops who preceded James Mathes, keeping them in the ECUSA longer than most of the West Coast — whereas L.A. and Bay Area are home to many Schism I parishes (ACA and APCK, respectively) that formed decades due to local heresies by people like Jim Pike.

Still, any parish without a building has a long row to hoe. Holy Trinity starts with their 1928 BCP (which the diocese had no use for) but will need to rebuild most of the other assets it had accumulated over the past 90 years.

Update: Photos taken during and after Dec. 26 worship service.

Legal nonsense in California

For those who didn’t know it already, Anglican Curmudgeon has the best coverage of the California (and other US) lawsuits of TEC vs. continuing Anglicans.

Last week, the California appellate court ruled 2-1 that a decision against St. James (Newport Beach) did, in fact, settle the substantive questions. Counselor Haley explains why (as the dissenting justice noted) this is legally unprecedented.

In a later post, Counselor Haley offers 10 questions for St. James to pose in its (anticipated) appeal to the California Supreme Court.

I couldn’t say it any better — so read both posts.

San Diego scorched earth victory

David Virtue reports this week that Bishop James Mathes (TEC-San Diego) announced plans to take back St. Anne’s in Oceanside, after winning an important procedural round in November.

“Winning” the St. Anne’s property is but the latest milestone in Mathes’ scorched earth campaign against traditionalists, who — reading the writing on the wall — fled en masse beginning in 2005, even before PB Katharine Jefferts Schori and her attack dog/chancellor began their national campaign against conservative parishes.

I will leave aside the legal merits of the TEC claim to the departing parishes since Anglican Curmudgeon has been doing the best job of covering the law. However, outside the TEC, other denominations have been negotiating rather than litigating such disputes, and none has a (morally if not legally dubious) policy of favoring de-consecrating churches rather than selling them to “competing” jurisdictions (e.g. Schism I or Schism II parishes).

Despite the same national policy across the TEC, San Diego had the greatest proportion of parishes fleeing the diocese of any in California: nine of the 49 parishes in the Episcopal Diocese of San Diego had many or most of their parishioners flee with the rector to set up a new parish. Six of the nine parishes are in San Diego’s North County, the most affluent and educated suburbs of the San Diego metropolitan region.

At most of the parishes (Christ the King Alpine, All Saints’ Vista, Grace San Marcos, St. Timothy’s Peñasquitos, Holy Cross Carlsbad, St. Paul’s Yuma), those leaving the TEC left without fighting for the property. (At Holy Cross, thanks to the duplicity of the bishop selling their land without consulting them, the mission had no property to fight for.)

Three of their parishes fought for their property: St. John’s Fallbrook, St. Anne’s Oceanside and Holy Trinity Ocean Beach. After winning the first round, St. John’s lost a key appellate decision in 2008 and decided to vacate the property last March when the California Supreme Court refused to hear the case. The Anglican faithful at St. John’s surrendered the property to the much smaller group of TEC loyalists, and held the first services of the new Christ Church Fallbrook on Palm Sunday 2009.

This week’s letters by Mathes claimed victory over St. Anne’s Anglican, which this Sunday is beginning worship as Grace Anglican Church with two services at a borrowed sanctuary in Carlsbad.

Still continuing its fight is Holy Trinity, which believes it can still win its case on appeal — particularly if the US Supreme Court intervenes to reconcile conflicting state rulings. Holy Trinity has been anticipating a legal fight for years, and one of its longest serving members is the retired City Attorney of San Diego (who was for years was among 4 lay delegates in the diocese at General Convention, voting against the stupid idea du jour.) It is not clear what the EDSD would do if it won the Holy Trinity property, since it has no use for it (it is smaller than the nearby ultra-liberal All Souls) and is not allowed by KJS to sell it back to its current users.

Not leaving TEC is St. Michael’s-by-the-Sea, the onetime flagship of Anglo-Catholic traditionalism in San Diego and one of the five biggest parishes in the diocese. Established in 1894, the parish has an irreplaceable coastal property that I imagine has weighed heavily on the decision of clergy and laity to stay put in the diocese. (Given the city of Carlsbad has long resented this tax-exempt usage in a prime tourist location, I’m sure the EDSD would sell it in a heartbeat to ameliorate its own serious financial troubles.)

Today, TEC’s loss forms the backbone of the 18 congregations of the ACNA Diocese of Western Anglicans. Last Sunday, ACNA-affiliated forces opened Holy Spirit Anglican, a new congregation near San Diego State, not quite halfway between the existing Western Anglican parishes in Alpine and Ocean Beach.

I’ve attended several of these parishes in their original locations but none in their new locations. The one I’m most keen to visit is Anglican Church of the Resurrection in San Marcos, which has the most active youth choir of any Anglican church in San Diego (if not California). Last year, the choristers were among 15 choirs participating in a choir festival sponsored by the “San Diego Choristers Guild.” (I imagine readers in other cities wish they had a similar organization).

Legal troubles (and lack of permanent facilities aside), next to the Diocese of San Joaquin (which left TEC lock, stock and barrel), San Diego seems to be the most vibrant bastion of traditional Anglicanism in all of California, if not the Western United States. Let us hope these parishes can work with their new Western Anglican bishop (based in Long Beach) to build the infrastructure for communicating the faith, preserving the liturgy and (at least among the Rite I parishes) continuing a tradition of Anglo-Catholic hymnody.

Update: A.S. Haley of the Anglican Curmudgeon notes that for the first months of 2009, TEC has slashed mission spending by $1.4 million, while litigation expenses are $1.8 million over budget. In earlier postings, he raises questions about the TEC’s “hierarchical” claims to church property, the central question in lawsuits against the Anglican dioceses in Ft. Worth and San Joaquin, and reports that St. Luke’s (La Crescenta) has appealed to the US Supreme Court, asking for an application of neutral principles of property law (as in South Carolina) to the current property disputes.

San Diego wrent asunder

The latest court ruling has come in for two San Diego Anglican parishes, and — as with the recent run of news — the news was not good: both St. Anne’s (Oceanside) and Holy Trinity (Ocean Beach) have lost their cases at the Superior Court level. (Rev. Joe Rees, the new rector of St. Anne’s, issued a statement Friday, but I’ve seen no comment from Holy Trinity).

The San Diego paper has thus far ignored the story, but the Oceanside paper published a story Saturday. Former Anglican jleecbd has sympathy for the plight of these nearby parishes, but predicts — as consumers of the Anglican Fudge — they are merely deferring equally serious doctrinal issues down the road.

Bishop Mathes gloated by suggesting that the current occupants of the disputed buildings “come home,” knowing full well they won’t. He also claims to plan to rebuild the Oceanside parish as TEC outpost. However, there is no announced plan (nor any plausible plan) for reusing Holy Trinity, which — only 1.6 driving miles from All Souls (Point Loma) — has made a niche over the past 40 years by being traditional in contrast to all things trendy and progressive at All Souls.

I recall when Mathes was narrowly elected in November 2004 over Bishop Anthony Burton, the traditionalist candidate. Mathes was sold as a “moderate” but immediately began governing from the hard left. (Sound familiar, anyone). The shift from Bp. Hughes (a true moderate) to Mathes brought one of the most rapid exoduses of parishes from any TEC diocese over the past decade.

If you look at the Diocese of Western Anglicans (ACNA) congregations, six of the 22 parishes are from San Diego County — far out of proportion to the 3 million San Diegan’s share of the population of Southern California (19+ million) and Arizona (6.5 million). Not listed is St. Anne’s — I’m told that its former rector (Tony Baron) was not interested in joining ACNA, but the new rector was more open to the possibility.

Of these 7 San Diego Anglican parishes, five had already lost their buildings. No word on whether the two remaining parishes will be able to remain through Christmas in the buildings that loyal Christians paid to build and support over the past decades.

Meanwhile, the lead defendant in California — St. James Newport Beach — is continuing its case in Orange County Superior Court, despite losing a recent appeal to the US Supreme Court. (Perhaps they hope the court will recognize the legal absurdity of the TEC claim to be a hierarchical church.) No word on whether Holy Trinity (whose former warden was City Attorney of San Diego) plans to also appeal, but from Rev. Rees’ statement, it sounds like St. Anne’s plans to concede.

I’ve worshipped at three of the seven parishes, and so I know none of these decisions were ones made lightly. Instead, like parishes elsewhere in California, most (if not all) must work on building a new parish utilizing temporary facilities.

It’s possible that St. Anne’s has a favorable property alternative only a mile down the road. In 1994, fed up with the direction ECUSA was heading, St. Anne’s rector (Rev. Gary Heniser) quit the ECUSA to form Church of the Advent, a new parish of the Charismatic Episcopal Church. A few years ago, they acquired space at the old (but serviceable) Methodist church in Oceanside when that church moved across I-5 to bigger facilities. The CEC is more charismatic than Episcopal — not counted as “Anglican” by “San Diego Anglicans” — but the long ties between Father Heniser and his former flock might facilitate some sort of cooperation.

As a believer, even if all the remaining court cases go badly, I expect to see the successful rebirth of the Anglican faith in San Diego, Orange County, LA, the Central Valley and even pockets of the Bay Area. I fell sorry, however, for those in their 70s or 80s, whose last memories on this earth will be of the bitter court fights, dislocation, uncertainty and despair. Perhaps they will place their hopes in their children and grandchildren, who merely face challenges of money — not the risk of death or imprisonment in the early Christian church, or modern day China or Sudan.

Walter Dennis and his Canon lose a big one

The Rt. Rev. Walter Dennis and his ”Dennis Canon“ have been on a roll recently, winning major court cases in California and most states outside Virginia. There was an increasingly presumption that the Canon was valid, despite the obvious legal holes.

On Friday, the highest court in South Carolina issues a ruling resoundingly rejecting the Dennis Canon. As always for the Schism II property fight, Anglican Curmudgeon has the authoritative coverage.

There is no guarantee this will become an influential precedent. All Saints, Pawleys Island had an unusually strong title to their property. Also, the California Supreme Court is notorious for ignoring precedent and going its own way, as when it invented a right to gay marriage.

Still, conflicting state rulings are the textbook reason for the US Supreme Court to take up the Dennis Canon. This could be the best hope for the California parishes facing permanent loss of their properties.

California court cases still alive

A.S. Haley of the Anglican Curmudgeon has been doing the best job of following the property fights involving former ECUSA/TEC parishes, using his legal knowledge to explain in plain, logical English what each ruling means. He has special pages on the Diocese of San Joaquin and the Los Angeles parishes (although not the San Diego ones); as best I can tell, the only 21st century Bay Area defectors walked away from their property.

Today he notes a key development in the St. James (Newport Beach) case that shows that the case is very much alive, despite a January California Supreme Court ruling that brought inaccurate press coverage and bloggers who jumped to conclusions. St. James is the key case, setting precedent for at least seven parishes. In February, the California court corrected their misleading ruling, giving hope to some of the impacted parishes.

The July 13 trial court ruling keeps St. James very much alive it, and with it the hopes of a few thousand Continuing Anglicans (plus a few more that might consider leaving if the price were not so high.)

Best property fight blog

I’ve recently come across the Anglican Curmudgeon blog by A.S. Haley, which is running the most thoughtful and detailed discussions of the current TEC vs. former TEC lawsuits over church property.

He is following litigation in California (the St. James case) as well as the looming lawsuits over the four departed dioceses (San Joaquin, Quincy, Ft. Worth, Pittsburgh). For example, he has two detailed postings earlier this month (on May 3 and May 5) on the arguments in the San Joaquin case. He argues that the the plaintiffs (new diocese of SJ) should have to prove they are who they say they are, despite the extra-ordinary way that the new "bishop" was selected.

In his posting Saturday about the Pittsburgh lawsuit, he notes inconsistencies about the claims of hierarchical authority in the TEC, themes that he also picked up in April 21 and April 23 postings.

Haley is clearly a well-trained attorney. I am not an attorney — nor do I play one on TV — but Haley appears very knowledgeable in the law. However, I am not clear about his ability as a prognosticator. He seems to analyze the law the way the judge should rule, not the way the judge is likely to rule, which in this era of judges as super-legislators, is not a very reliable to predict the results.

Not all posts are about litigation. He also has a discussion of how the left wing of the TEC has been running a stealth campaign to pick favored candidates for General Convention 2009. His posting on TEC governance comes back to the "Is TEC hierarchical?" theme:

What if, like Dorothy, the Episcoleft finds that there is no omnipotent Wizard on the throne, but just a little man pulling levers and throwing switches behind a curtain? What if the LGBTs manage finally to take over the governing levers of ECUSA only to find out that ECUSA is not hierarchical after all? Ay, that would indeed be tragic, if such years of effort proved to be ultimately in vain.

Therein lies, I think, the source of the ferocity summoned to defend the proposition that the Episcopal Church (USA) is hierarchical. And therein lies also the explanation for the Presiding Bishop's campaign to become a metropolitan in deed, if not in word. For those on the left, authority is useless if it cannot be exercised to further the agenda, and to increase one's hold on power. (This is why their ultimate authority is the Holy Spirit---no one can say for certain what He does and does not approve, and so He can be cited as in support of anything. Power without accountability is to those on the left as catnip is to a cat.)

To sum up his argument:

Viewed as a political prize, however, the Church ceases to be a Church. Its mission is being determined by politics rather than under the governance of the Holy Spirit. So long as the battle rages for the prize, the fiction that it is a Church has to be maintained at all costs, because no one who could affect the outcome must realize what is at stake. And with the publicizing of views like those expressed in the Bishops' Statement, the risk is now great that the momentum so carefully accumulated over the years will be seen for what it is: nothing more (or less) than a political attempt to take over a money machine.

A ray of hope in California

The January 5 victory by the TEC over Continuing Anglican parishes hoping to keep their property was widely perceived as resolving the issue once and for all. “California Supreme Court says breakaway parish can't take national church's property” blared the Los Angeles Times headline.

Based on my knowledge of the law, I was a little more cautious than most:

Since the decision sends the case back to Superior Court, St. James Anglican hopes to win in trial court, but with the Appeals and Supreme courts against them, it’s definitely an uphill fight.
…
If the California decision holds — and it will take years to say for sure — this is likely to strip real property from at least four Los Angeles and three San Diego parishes that have left since Schori was elected Presiding Bishop.

The decision, after all, was just a procedural one, not one on its merits: the California court said that the TEC has a plausible case, not that it was legally correct. Still I (and others) were struck by the sweeping rhetoric of the decision, demolishing each of the Anglican parish arguments in turn.

In fact, there was a disconnect between the stage of the legal case — a procedural decision on the Anglican parishes’ attempts to throw the case out — and the broad sweep of the rhetoric.

The Anglican Curmudgeon had the same reading of the ruling and the law, but has gone one step further. He found a Supreme Court clarification which reined in some of the sweeping rhetoric. As he summarizes:

First, note that the Court has definitively backed off from its pretense to have decided the merits of the case; instead, it has only "addressed" them---or, in the other instance, it has "analyzed" the merits instead of "resolving" them. This is a huge relief to all concerned.
…
"On this record", however, has a further technical meaning in this case, which attorneys will appreciate. For in the case of the complaint brought by ECUSA, the trial court granted the defendant parish's demurrer to it without leave to amend. (A "demurrer" to a complaint is just the same as saying: "So what if everything you say in your complaint were true? You still haven't stated a case on which the court can grant the relief for which you are asking [in this case, the transfer of the parish's property to the Diocese and to ECUSA]. And when a court "sustains", i.e., upholds, the defendant's demurrer "without leave to amend", it means that nothing the plaintiff could plead in his complaint would change the result---it would still not state a claim upon which relief could be granted. The case is then over, without the defendant ever having had to answer, because the plaintiff's case is so weak that it could not succeed even if everything the complaint says---or could conceivably say under the circumstances---were true.)

Thus in reversing the dismissal of ECUSA's complaint, the judgment of the Supreme Court has the effect of reinstating the complaint, and requiring defendants to answer it (they cannot demur to it any more). The Court has held, in effect, that if everything the Church alleges were true, then it would be entitled to the property of St. James's, Newport Beach.

I encourage all concerned Anglicans to read his complete analysis.

I would not have seen this legal update without the link from San Diego Anglicans, one of the few blogs I know that’s written about the spiritual and temporal issues facing Continuing Anglicans in California. It does a particularly good job of covering the Western Anglican Congregations, the proto-diocese for Schism II churches in Los Angeles, San Diego and Arizona.

An end to Schism II?

Katharine Jefferts Schori and her sidekick David Beers seem to have won a knockout blow against Schism II churches with today’s unanimous ruling by the California Supreme Court against parishes seeking to keep their property after leaving the Diocese of Los Angeles.

Since the decision sends the case back to Superior Court, St. James Anglican hopes to win in trial court, but with the Appeals and Supreme courts against them, it’s definitely an uphill fight.

The California justices seemed quite uninterested in two seemingly strong arguments. First, local donors paid to build and support the churches, effectively saying “we don’t know what their intent was so we’ll ignore that fact.” Second, that the land is titled in the name of the local churches (a sleight of hand that was called out in a concurring opinion by Joyce Kennard).

The justices relied heavily upon the infamous Denis Canon (Canon I.7.4), but perhaps without considering evidence that the Canon might have never been passed into church law. As the Anglican Curmudgeon notes, they also ignored 400 years of common law that requires both parties to assent to a change in the terms of a deed.

If the California decision holds — and it will take years to say for sure — this is likely to strip real property from at least four Los Angeles and three San Diego parishes that have left since Schori was elected Presiding Bishop. It also puts the Diocese of San Joaquin into jeopardy, assuming that 815 is allowed standing (as it was here, and contrary to 1500+ years of the bishopric) to join litigation.

More importantly, the PB and her chancellor can now deter any future parishes from leaving PECUSA. (The success of Virginia parishes is unlikely to set a precedent that influences courts in other states). Instead, individuals will leave their parishes and the empty churches will be sold to raise money to support an increasingly top-heavy hierarchy.

To me, this ruling will stall the momentum of the Schism II (i.e. the Anglican Church in North America aka Common Cause) for a decade. The endowment gifts made by good loyal Christians will accrue to the benefit of the revisionists who now control PECUSA. And the CC faithful will be scrambling to find buildings to house and maintain their existing parishes rather than planting new ones.

I wonder whether this will instead strengthen the Schism I provinces and parishes, which while small and fractured, are stable and tend to own their property. Will PECUSA refugees join established parishes rather than try to build new sanctuaries?

What does this have to do with this blog? At some point, the Continuing Anglicans will need to create a new hymnal to replace Hymnal 1940 and Hymnal 1982, if for no other reason than to stop paying money to augment KJS’ retirement fund. (We may have to start with the New English Hymnal or Hymnal 1916, since copyright on these books has expired).

If the revision is controlled by Schism II, it will have the same compromises as the 1979 prayer book and Hymnal 1982, including “inclusive” language mangling of old favorites. The TEC-sponsored Hymnal 2020 could be so beyond the pale that even the Evangelicals will recoil in horror — limiting our revisionism to 1982 rather than 2020 — but that would be a small consolation.

If, however, the revision is controlled by Schism I — perhaps augmented by FiFNA defectors from PECUSA — we may have an update to the early 20th century hymnals without incorporating the Baby Boomer and feminist “modernizations” of the culture and theology.

Don’t get me wrong. I grieve for all the time, money and energy that the Schism II faithful will have to expend over the next 20 years to get back to where they were before 2003, and pray that they somehow gain a reasonable settlement (as was once proposed in Virginia) and are able to devote their energies to saving souls from modern-day heresies.

However, I would just as soon avoid importing the PECUSA liturgical controversies (between Evangelicals and Anglo-Catholics) into efforts to create a New Anglican hymnal for US parishes. A more focused group of Anglo-Catholics would produce a more faithful compilation of traditional Anglican hymnody for use in the 21st century.

What is a church?

The continuing Anglicans of Virginia who formed CANA have won round #1 in their property fight. Certainly continuing Anglicans around North America are celebrating this victory, even if many rounds of appeals remain.

In reading the hometown news articles — in the Washington Post and Washington Times — I was struck by a fundamental question: what is a church? Here are some of the critical quotes from the latter story:

"We are obviously disappointed in yesterday's ruling," said a statement from Episcopal Presiding Bishop Katharine Jefferts Schori about the 83-page decision released late Thursday night.

The decision "plainly deprives the Episcopal Church and the Diocese, as well as all hierarchical churches, of their historic constitutional rights to structure their polity free from governmental interference," she said, "and thus violates the First Amendment and cannot be enforced."

...

Henry Burt, diocesan spokesman, suggested the ruling imperils religious freedom.

"At issue is the government"s ability to intrude into the freedom of the Episcopal Church and other churches to organize and govern themselves according to their faith and doctrine," he said.

In a letter to members of the diocese posted on www.thediocese.net, Virginia Bishop Peter Lee said the 11 churches are still "wrongfully occupying Episcopal Church property" but that "this was not a final decision and the court did not award any property or assets."

Doug Smith, executive director for the Virginia Interfaith Center for Public Policy in Richmond, called the judge's decision "chilling," adding leaders of other mainline denominations represented by his center are "gravely concerned."

"It seems that government is attempting to take over governance of the Episcopal Church," he said. "This preliminary ruling puts every hierarchical denomination on notice that a group of persons who no longer wish to be part of the particular denomination can now split off, form a new group, self-declare they are a branch of the original group and assert rights under law regardless of the denomination's own rules."

Of course, some of this is pure nonsense. The government is not “intruding” — it was, after all, TEC that asked the government to get involved in enforcing a property rights dispute. I’m a firm believer of freedom of religion, but the government retains a clear role in enforcing certain secular rules (such as who owns what property and who owns who what money).

But fundamentally, the TEC apologists make a claim that might be true in England, but not here. A state church is the norm in much of Europe, but a major motivation for the initial settlement of New England was religious freedom.

Also, the leadership of PECUSA is elected and not appointed — suggesting a bottom-up, American view of governance. If churches are voluntary associations of individuals, how does TEC assert a right to tell individual branches what to do — particularly since those branches provided the resources to create their branches?

Finally, the national church doesn’t legal title to the resources — the PECUSA model until recently was a confederation of bishoprics. In dioceses where the bishop holds the title to land, the legal options for the seceders are more difficult, but for much (most) of Protestant America, the individual parish is what a “church” is.