What is being argued in court?

by the Reverend Scott Homer
February 10, 2010

With all the posturing go on between Bishop Price and his TEC Diocese versus Archbishop Duncan and his ACNA Diocese of Pittsburgh I thought it was time to explain, in its most fundamental sense what is actually being disputed and why their public statements often seem a bit obtuse. I have my opinions about how the disputes ought to be resolved but that is not the purpose of this statement. Rather, I simply want to get the real issues on the table so that everybody knows what is actually being argued in court. Because the truth is that the dispute has nothing to do with what most of us have been told. The court actions are not going to settle any of the issues about blessing gay marriages or ordaining gay clergy. It will not answer any of our differences over theology. The court actions will only answer two questions and at the end of the day, an enormous amount of money will have been spent for little good purpose.
The first and arguably the most important question being heard is this: Is a diocese sovereign or is it merely a subdivision of the national church? Put another way, is a diocese’s affiliation with the national church optional or is the diocese an inseparable part of national church? The Diocese of Pittsburgh assembled in October of 2008 and voted to separate from the Episcopal Church. Did that assembly have the right to separate? Were they still a diocese at the conclusion of the vote or had they become simply a bunch of dissident church leaders without authority and without legitimate claim to the assets of the diocese?
The second question being heard is this: who owns the stuff? Is it owned by the parish, by the diocese or by the national church? Does the parish leadership of Trinity Church hold legitimate claim to its property and monetary assets or are we simply custodians who care for the property on behalf of some other entity? Does the parish own the property or is it held in trust for the diocese or the national church?
TEC is arguing that a diocese can not vote to leave the national church and that what actually happened in Pittsburgh was that a lot of individuals voted to no longer be members of their church, nothing more. They did not vote as churches or as a diocese and they did not act with any authority. If the courts decide that TEC is right, then TEC will, in all likelihood, be awarded all of our properties.
The Anglican Diocese of Pittsburgh is arguing that it had the right and the authority to vote to separate from the National Church and that it legitimately took its property with it. When representatives of all the diocesan churches lawfully assembled and voted in accordance with its own constitution and canons to separate from TEC, they did in fact leave as an intact diocesan entity. If the courts agree with the Anglican Diocese, there is a good chance our properties will be awarded to us.
This emotional, spiritual and economic drain is wasting precious resources on a battle that will ultimately resolve nothing of substance. Pray that Bishop Price and the TEC diocese actually agrees to negotiate a reasonable settlement with Bishop Duncan and the Anglican diocese. There is still an opportunity for the defenders of the faith to demonstrate the sort of grace and forgiveness that our Lord calls all of us to model to the world. A good place to start would be for the two sides agree that bringing suit in court is not a Christian option.