The Episcopal

Diocese of Lexington

 

Defense Fund Aims to Coordinate Efforts

From Episcopal News Service, March 9, 2006

 

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[ENS] The House of Bishops' Ad Hoc Task Force on Property Disputes proposed resolution AF 112 in part because of a concern that some Episcopal dioceses and congregations could face future litigation placing "their financial existence, integrity and stability" in jeopardy.

The coordinated defense would include the collection of legal memoranda, briefs and decisions from dioceses which have already faced such issues. It would also organize the preparation of draft "white papers," response timelines and talking points "in the event of widespread and serious litigation."

Sauls, a member of the task force, said that it is important to be prepared in case there is an increase in the number of property disputes and to have a clearinghouse of information for dioceses and congregations. "In the Diocese of Lexington I would not be able to litigate for long if I have to start from scratch," he said.

Sauls also said that the task force feels that a coordinated effort is needed to help reduce the chance that an unfavorable court ruling in one state could be used as a precedent elsewhere.

Council member Kim Byham said the coordination project will serve to "calm" those who worry that the Episcopal Church is not doing anything substantive about efforts to remove congregational property from diocesan rolls. Ramos-Orench said that the effort will give hope to the entire church and especially to dioceses that are "agonizing with increasing legal costs."

The Rev. Carl Gerdau, canon to Presiding Bishop Frank Griswold, told the council that the church spent $500,000 in 2005 to defend congregations and dioceses in such disputes. Griswold pointed out that such an expenditure is evidence that the coordination effort is "building on what has already occurred."

The effort would also "develop a more permanent organizational and financial structure" for the defense work. The task force anticipates raising money beyond the initial $100,000 "through its own efforts and sources." California Bishop William Swing convened the task force after an initial meeting prior to the House of Bishops meeting last October, and that diocese will establish an account for the seed money and any future income.

The resolution's explanation notes that "a few parishioners and clergy have expressed an intention to leave...and affiliate with other Anglican bishops," and "in violation of Canon Law...in some cases seek to take with them to their new affiliation the real and personal property belonging to The Episcopal Church." Such actions fail to protect and "make certain that this property is available to those who presently and in the future wish to worship in an Episcopal Church."

The explanation also notes that there may be times when recourse to the judicial system may not be best, and so the task force wants to examine mediation as a way to resolve disputes.

Sauls said that the task force will ask the House of Bishops meeting next week at Kanuga to make it a committee of the house. The council resolution calls for the group to report regularly to the council on its work.

The council also heard from Bishop Michael Ingham of the Anglican Church of Canada's Diocese of New Westminster, who praised them and the Episcopal Church at large for living out what he called "the six marks of an authentic church in the Anglican tradition": to be at once catholic, evangelical, liberal, prophetic, missionary and inclusive.

Its catholic nature, he said, is shown in its being centered in the sacraments and the value placed on living an ordered-but not narrow-life. "It seems to me that what you want to preserve is a spacious order," he said.

It is evangelical because it is rooted in the Gospel, he said, and tries "to maintain the priority of the Gospel before the priority of the church."

The church is liberal in the sense that it is attentive to God's Spirit "from whatever direction" the Spirit may be speaking, he said.

Ingham sees the Episcopal Church "working hard to be a truth-telling church," and thus prophetic. It is missionary, because it is not just concerned about its own survival. "You know this is a Gospel you simply can't keep to yourselves," he said.

And, he concluded, the church is "unique in the Anglican Communion" for the inclusive diversity of its leadership and for regularly inviting members of other Anglican provinces to its meetings.

The Executive Council carries out programs and policies adopted by the General Convention and oversees the ministry and mission of the Church. The council is comprised of 38 members, including bishops, priests or deacons, and lay people, 20 of whom are elected by General Convention and 18 by provincial synods.