|| News ||
Page 1 of 1

Court rules against Episcopal breakaways

News 2007-06-28 Court rules against Episcopal breakaways Buildings used by three Episcopal parishes that broke away from the mother church in a dispute over a gay bishop should be placed u


Buildings used by three Episcopal parishes that broke away from the mother church in a dispute over a gay bishop should be placed under the control of the Los Angeles diocese, a California appeals court ruled.

Relying on church law, a panel of the state's fourth district court of appeal ruled Monday, ''The right of the general church in this case to enforce a trust on the local parish property is clear.''

But the three judges on the panel made it clear they were staying out of doctrinal disputes.

''Readers will look in vain in this opinion for any indication of what religious controversy may have prompted the disaffiliation,'' Judge David G. Sills wrote. ''That controversy is irrelevant to this action.''

The appeals court reversed lower court rulings in favor of the three conservative parishes--St. James Church in Newport Beach, All Saints Church in Long Beach, and St. David's Church in North Hollywood.

They pulled out of the six-county Los Angeles Diocese and the 2.3-million member Episcopal Church USA in 2004, following the ordination of a gay bishop in the diocese of New Hampshire. They announced they were placing themselves under the jurisdiction of the Anglican Church in Uganda.

The Los Angeles diocese sued to gain control of the properties, arguing that the parishes held their church buildings in trust for the diocese and the national Episcopal Church and were not entitled to them.

The churches argued the diocese's lawsuit to seek control of the properties interfered with the parishioners' freedom of speech. The lower-court judge said the churches had demonstrated they were being sued for their disagreement with the church's views concerning the consecration of homosexual clergy and also ruled that the local churches owned the property.

Diocese officials were pleased by the decision.

''Now we can get about the business of healing and about the business of being a church. It's been a long ordeal,'' said the Right Reverend J. Jon Bruno, bishop of the diocese.

Eric Sohlgren, lead lawyer for the three parishes, said the decision ran counter to 30 years of legal precedent in California.

''What the court said here was that if a hierarchical church wants to take control of local church property, all it has to do is pass a rule,'' he said.

The parishes will decide soon whether to appeal to the California supreme court. (AP)

Click here to follow The Advocate on Twitter. Page 1 of 1



More Online Only
  • Commentary What Marriage in Maine Meant for Me

    Dana Hernandez is a straight white married mother of two young children. But in campaigning for No on 1 and reporting Election Night outcomes for Advocate.com, defeat hit her like a ton of bricks.

  • Marriage Equality Video Content Flag Terri White Stages Her Leather Encore

    Last year, acclaimed stage performer Terri White was homeless and living in a public park. On Sunday, she and her partner held a leather-themed commitment ceremony onstage following her triumphant Broadway turn in Finian’s Rainbow. 

  • Music Ghost Story

    Out singer-songwriter Brandi Carlile discusses working with her childhood mentor, coming out publicly, and joining next year's Lilith Fair.

  • News View From Washington: GOP Upheaval

    Now that the only pro-marriage equality candidate in New York's 23rd Congressional district, Republican Dede Scozzafava, has dropped out of the race, Tuesday's election holds any number of political lessons for both the GOP and the LGBT community.

  • Books Hot Sheet: Ditto Knocking 'Em Dead

    This week might not bring anything to the screen other than a Boondock Saints sequel, but there are plenty of reasons to sit at home on the couch or head to your local concert venue.

  • News Features Sailor Speaks Out

    Sailor Joseph Rocha endured years of hazing until he spoke out — then he was discharged for revealing his homosexuality. Nonetheless, the 23-year-old is itching to suit back up.

  • Music Rainbow High

    Busy Broadway heartthrob, gay rights activist, and former Advocate coverboy Cheyenne Jackson chats about his Finian’s Rainbow revival, his politically charged cabaret CD, and laying around in his underpants (pic on page five).

  • Television Another Tough Broad

    After being outed by a Nazi and locking lips with a hook-up three times in one episode, Christine Woods's tough-talking FBI agent Janis Hawk on ABC's FlashForward might just be prime time's best gay offering — who isn't in Glee club, that is.

  • Books Video Content Flag In Sickness and in Health

    Mary Cappello’s memoir Called Back takes readers on a white-knuckle journey through the experience of cancer treatment in America — especially disorienting to navigate as a woman and a lesbian.

  • Books An American Crime

    Best-selling novelist Patricia Cornwell made headlines last week when she filed suit against a New York investment firm for losing $40 million of her money. But she'd much rather talk about her new book, hate-crimes legislation, and Angelina Jolie.

  • Comedy Gilded Lily

    After conquering Broadway, movies, and television, out funny lady Lily Tomlin prepares for the final frontier — Las Vegas.

  • Entertainment News Ricky Martin, No Shirt and a Baby

    Ricky Martin knows how to get the camera's attention. Take a look at the many pictures of Ricky uploaded to his Twitter account in the past three months, always shirtless, frequently carrying one (or both) of his babies.

  • Television Fresh Blood

    With True Blood a bona-fide cultural phenomenon, producer Alan Ball offers tantalizing hints about what to expect on season 3.

Most Popular Stories