Sunday, May 18, 2008


Matt Kennedy

Good Shepherd and the Diocese of Central New York: Resolution and Correspondence, July 2006


The following three documents from the Church of the Good Shepherd were produced in July 2006 in response to General Convention.

On July 5th, 2006 the wardens and vestry unanimously passed the following resolution:

Whereas The Episcopal Church has failed to comply with the Windsor Recommendations as requested by the Primates, the Archbishop of Canterbury and the Anglican Consultative Council and;

Whereas the position of The Episcopal Church with regard to human sexuality clearly violates the plain reading of Scripture, be it;

Resolved that the Vestry, Wardens, and Rector of the Church of the Good Shepherd intend to remain constituent members of the Anglican Communion and in full submission to the Word of God and be it;

Resolved that the Vestry, Wardens, and Rector of the Church of the Good Shepherd, disassociate from the decisions of 74th and the 75th General Conventions of the Episcopal Church and commit to full compliance with all the requests of the Windsor Report as accepted and amended by the Primates of the Anglican Communion and the Archbishop of Canterbury at the Dromantine Conference and be it;

Resolved that the Vestry, Wardens, and Rector of the Church of the Good Shepherd, on behalf of the Church of the Good Shepherd, intend to seek affiliation with and submit to full episcopal oversight from an orthodox Anglican province in communion with the See of Canterbury subsequent to adequate communication with members of the congregation.


The next day we sent this letter to the entire parish. Here is an excerpt:

...That is the core issue. The current teachings of the Episcopal Church with regard to the authority of the bible and human sexuality lead people deeper into darkness and further from the light of Christ.

For that reason and for the spiritual safety of our families, the vestry and I do not believe that we can participate any longer. It is our intention to seek affiliation with another faithful Anglican body.

There will be two parish gatherings: one on Wednesday evening the 12th of July at 6:30pm and one on Sunday morning, the 16th of July, between services. These meetings are designed to inform and to listen. Your questions and comments are welcome and encouraged. All members of the Church of the Good Shepherd are welcome.

God has prepared us over the last three years for these crucial days in the life of this parish

We've faced some very difficult times together. God has never abandoned us but always protected us and provided for us in every circumstance. Nor, have we abandoned each other. We've become a family. We've stood together and committed ourselves to Jesus Christ and to his Word. And Jesus has built us up in numbers, in strength, and in devotion...more

The parish meetings called for July 12th and July 16th were held as scheduled and parish support was nearly unanimous.

On July 21st, 2006 I sent the following letter to Bishop Adams:

Dear Bishop Adams,

I hope this letter finds you well.

I am writing with a great deal of sadness but also with resignation. The wardens, vestry, and clergy (Anne and I) of the Church of the Good Shepherd have unanimously approved a resolution to seek disaffiliation with the Episcopal Church. We have held two parish meetings and the resolution has met with near unanimous support.

The Episcopal Church’s failure to comply fully with the Windsor Report is not the only reason for this decision. The Episcopal Church has rejected the primary authority of the bible as God’s revealed Word and the final arbiter of doctrine and faith and in so doing has departed from orthodox Christianity. The Episcopal Church’s false teachings with regard to human sexuality, teachings with which you concur, serve to draw people further into the darkness of sexual sin and further from the light and freedom of Christ.

We simply cannot participate or remain affiliated with such an institution in good conscience.

We warmly remember our last meeting with you at Good Shepherd. During that meeting we agreed that our dealings together would be handled in a transparent and loving way. The resolution we have passed is just that, a resolution. No legal steps have been taken to effect our disaffiliation. Moreover, we have committed take no further steps until we meet with you.

You know our intentions. But we hope to move forward with your blessing, or, at the very least, with a mutual sense of Christian charity and friendship.

Our hope is to retain all assets and property.

We realize that you also feel that these properties are held in trust for the diocese of Central New York .

As you may know, we have asked to meet with you in the near future.

We believe that we can find a way forward that satisfies both your need to protect the interests of the diocese of Central New York and our need to protect the interests of the people of the Church of the Good Shepherd.

I’m writing to you now because I do not know when we will be able to meet and we want you to be fully informed with regard to our intentions directly rather than second-hand.

Please know that the vestry and people of the Church of the Good Shepherd and Anne and I pray for you every Sunday and love you very much. You are traveling a path that we cannot tread but we harbor no personal animosity toward you. You have always acted graciously and kindly toward us and we have endeavored to act in a like manner. May our future dealings be marked by Christian kindness, patience, and love.

In Christ,
Matt+


10 Comments:

From Fr. Matt’s 7/21/06 letter to Bp. Adams,

We believe that we can find a way forward that satisfies both your need to protect the interests of the diocese of Central New York and our need to protect the interests of the people of the Church of the Good Shepherd.

A paragraph like that is all that’s needed to work charitably out of the whole Anglican mess.  One “side” is talking about “fiduciary responsibility”, the other about people’s souls… when those priorities can’t be harmonized, a charitable negotiation would be correct. 
There have been cases (Overland Park, Plano) where parishes and diocese have applied this.  I think that the Primates’ Communique might have helped this happen more broadly.
The fact is that lawsuits are spiritual defeat, and can’t be justified as fiduciary responsibility.  TEC/any diocese would realize more money by negotiating a fair sale and other considerations than by expending the money on lawsuits, especially the costly appeals.

[1] Posted by Timothy Fountain on 04-30-2008 at 07:41 AM

If we are not careful, we will end up tranferring the wealth of the Episcopal Church to trial lawyers.  That would be a sad thing indeed.  It would be better if we negotiated a settlement that honored the contribution of 815, the diocese, the parishes and the needs of the people there.  That way, we all win (or lose equally).

YBIC,
Phil Snyder

[2] Posted by Philip Snyder (Dallas) on 04-30-2008 at 08:46 AM

Agreed Phil and Timothy+, that is precisely what we were trying to do.

[3] Posted by Matt Kennedy on 04-30-2008 at 09:27 AM

I think we need to get +Schori a new dictionary where the description of the word negotiation gets changed from “sue the pants off of them” to “find a win-win for both sides to show Christian love to others.”

[4] Posted by Already left on 04-30-2008 at 05:19 PM

Just because you have a “fiduciary responsibility” over property doesn’t mean you can’t or shouldn’t alienate that property.  If Mr. A gives me $100,000 to hold in trust for the benefit of Mrs. B, I have a fiduciary responsibility to Mrs. B for the money--but that does NOT mean I can’t give $20,000 of that money to Dr. C. to pay for Mrs. B’s urgently-needed medical treatment.  In that case, it’s quite probably IN Mrs. B’s best interest that I DO thus dispose of the entrusted money.  Indeed, under those circumstances, Mrs. B might very well sue me, and win, for BREACH of fiduciary duty if I refused to pay for her treatment, but just reinvested the trust property in an effort to preserve and increase it.

It has long sounded to me like a number of the players here are hiding behind “fiduciary duty” when in fact they are simply doing what they wanted to do in the first place.  It is no stretch to argue that for, say, an institutionalist bishop like John Howe could nevertheless reasonably believe it to be in the best interests of TEC for Howe to let the conservatives depart with their property.  TEC holds itself out to the public as a church.  If Howe let the conservatives walk with their property, told the press, “This is turning the other cheek, and it’s the Christian thing to do,” and Howe thereby avoids lawsuits and an enormous black eye for TEC, and assists TEC in maintaining its existence and preserving the illusion that TEC is a Christian entity, it’s certainly arguable that he’s acting in TEC’s best interests in so doing.  It’s acting in the beneficiary’s best interests--NOT preserving the trust assets in perpetuity--that is the real fiduciary duty.  This needs to be clear.

Now, TEC might very well disagree with Howe as to whether letting the conservatives go with their parishes is in TEC’s best interests.  They might sue him, alleging breach of fiduciary duty.  But those are different questions from the question of what Howe’s actual fiduciary duty is, and of what range of actions is permitted to Howe in the reasonable exercise of his discretion as fiduciary.

What ought not to happen is for people to cry “fiduciary duty” as if that ended the discussion.  It does not.  If a not-so-orthodox bishop thinks it is genuinely in TEC’s interests to litigate to the death a case over the property of a departing orthodox parish, let the bishop say so, and not just cry “fiduciary duty” as if that answered the question.  If the not-so-orthodox bishop thinks it could very well be better in the long run for TEC and its public image if the conservatives were sent on their merry way with a blessing and a smile, but thinks TEC will sue him if he does that, then he should say that.  TEC is nominally a church, and, like many other nonprofit and charitable entities, it is not necessarily violating its raison d’etre if it gives things away without market payment.

[5] Posted by Africanised Anglican on 04-30-2008 at 07:57 PM

Fr. Kennedy,
I pray that you and all at Good Shepherd are able to negoiate in Christian love and charity with Bishop Adams to be able to retain your church and property in good faith. I pray that he does not have a change of heart that might be coerced by 815 to turn the negoiating table around like what has happened with others in the past. You and all remain in our prayers here in San Joaquin. May our Lord bless you all abundantly.

[6] Posted by One Day Closer on 05-05-2008 at 08:53 AM

One Day Closer,

Thank you for these prayers. Unfortunately, they were not answered. If you look at the date of this note, you will see that it is dated for July 5th 2006. What we are doing is publishing correspondence between the bishop and my church during the months and years leading up to the diocese’ filing a lawsuit to steal our property.

[7] Posted by Matt Kennedy on 05-05-2008 at 08:56 AM

Oh Fr. Kennedy,
My humblest apologies, but you and all at Good Shepherd still have our prayers and I will make sure to ask our DOK’s to pray hard for you all there. One can certainly see the true Christian heart in how they interact one with another. If the Lord Jesus Christ is truly the owner of your heart and soul then you work one with another in Christian love and accord. If He is not well......then the way of the world is the way you walk. Lord have mercy.
ODC

[8] Posted by One Day Closer on 05-05-2008 at 09:04 AM

I asked the Lord that I might grow
In faith, and love, and every grace;
Might more of His salvation know,
And seek, more earnestly, His face.

’Twas He who taught me thus to pray,
And He, I trust, has answered prayer!
But it has been in such a way,
As almost drove me to despair.

I hoped that in some favored hour,
At once He’d answer my request;
And by His love’s constraining pow’r,
Subdue my sins, and give me rest.

Instead of this, He made me feel
The hidden evils of my heart;
And let the angry pow’rs of hell
Assault my soul in every part.

Yea more, with His own hand He seemed
Intent to aggravate my woe;
Crossed all the fair designs I schemed,
Blasted my gourds, and laid me low.

Lord, why is this, I trembling cried,
Wilt thou pursue thy worm to death?
“’Tis in this way, the Lord replied,
I answer prayer for grace and faith.

These inward trials I employ,
From self, and pride, to set thee free;
And break thy schemes of earthly joy,
That thou may’st find thy all in Me.”

John Newton, c. 1779

[9] Posted by Ralph on 05-05-2008 at 10:06 AM

Matt+, your wrote:  “What we are doing is publishing correspondence between the bishop and my church during the months and years leading up to the diocese’ filing a lawsuit to steal our property.” I read the letters but did not find any response from +Adams.  Did you ever get any response?  If so, can you share it?

[10] Posted by EmilyH on 05-05-2008 at 10:34 AM