March 23, 2017

July 14, 2016


San Joaquin Appeal Rebuffed by California Supreme Court

Our beloved Curmudgeon is off for a much deserved rest.  He asked that we post this link until he returns and can update himself.

I have held off writing about the case of the Episcopal Church (USA)‘s lawsuit against the Anglican Diocese of San Joaquin as it was going through its final stages in the California courts. Today I can do so no longer, because today the California Supreme Court slammed the door shut by denying review of the abysmally egregious decision by the Fifth District Court of Appeal that I wrote about in this post, and this one. Naturally, it wrote no opinion justifying its refusal to grant review, but just issued a one-sentence order.

The result is that the Episcopal Church (USA)‘s Machiavellian strategy of organizing a minority group that pretends to be the only diocese in the region after one of its former dioceses votes (by an overwhelming majority of laity and clergy) to realign with a more orthodox denomination has succeeded in California, much the same as it did in Pittsburgh. (But not—Deo gratias—in Illinois (Quincy), or [yet] in Fort Worth or in South Carolina [whose highest court has yet to issue its decision, ten months after the oral argument].) So the lawyers for 815 Second Avenue managed to hoodwink the highest judges in both Pennsylvania and California, but not everywhere.

In Pennsylvania, the appellate decisions were unpublished, so no lasting precedent was (thankfully) created. But in California, the Court of Appeal decided to publish its decision, so it will now stand forever in the California Reports as a monument to the inability of secular judges to figure out even the most rudimentary aspects of church canon law and corporations sole. (Haven’t I always said on this blog that St. Paul already warned Christians of such ignorance centuries ago?) Unfortunately, when ECUSA sues its fellow Christians, it is the one responsible for dragging the canons into the civil courts—and violating its very own canon in so doing:

 


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7 comments

Why the surprise?  California has demonstrated over and over that normal jurisprudence isn’t operative within their borders.

[1] Posted by Nikolaus on 7-14-2016 at 08:17 PM · [top]

Call it naivite’ but I am always surprised when courts fail to dispense justice, churches fail to support Christianity or the leaders are not disciplined for their infractions.

May we continue to be surprised for when we decide it is fait accompli, the doors will truly shut.

[2] Posted by Jackie on 7-15-2016 at 09:51 AM · [top]

The Gospel lesson for last week was the Good Samaritan. It is a story about love. The thieves were not apprehended. In the end we are called to love others including our enemies. Justice is ultimately God’s business.

[3] Posted by Fr. Dale on 7-15-2016 at 11:29 AM · [top]

Fr. Dale, may God continue to bless your ministry and that of your diocese.

[4] Posted by Katherine on 7-15-2016 at 05:26 PM · [top]

Katherine,
Thanks so much.
Pax

[5] Posted by Fr. Dale on 7-15-2016 at 07:47 PM · [top]

Fr. Dale,  I know the Lord is steadfast and will never fail you.

[6] Posted by Paula Loughlin on 7-28-2016 at 01:32 PM · [top]

Paula Loughlin,
Thanks for your good wishes. St. Paul said that he had learned to be content. I am still learning.

[7] Posted by Fr. Dale on 7-29-2016 at 11:41 AM · [top]

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