Values

If ever you want to know what values an organization holds dear, look at what it takes for that organization to kick someone out..

One of the few fun things about Quakers (Society of Friends) is that belief in God or the lack thereof will not make you unwelcome. Joining the Army will.

Denying God in the Episcopal Church will not get you disciplined if you are a bishop. Expressing a legal opinion contrary to the property interests of the Presiding Bishop may very well.

It's important to have your priorities.

Hellfire and Brimstone

From an Episcopalian, no less. And he's right!

Un Cri de Coeur

I know I have an active fantasy life. But answer me this: What could anyone do if an Episcopal bishop said to his dissenting clergy "Go with God. You may not leave the diocese with debt, and if there are any in your congregations that wish to remain Episcopalian you must make provision for them. If the diocese has helped you financially, you must repay us. But except for these things, you may leave. If ever you change your mind, we will welcome you back."

What could anyone do to such a bishop? Now some dioceses are on life support from 815, and they are vulnerable. But if the diocese is self-sustaining, what then?

So why don't more bishops behave as above? Is it wounded pride? Fear of the Presiding Bishop or of censure from their peers?

The litigation posture of my church bothers me far more than the ordination of Gene Robinson. The latter was the ordination of an unworthy fellow. That has happened before and will happen again. That it offended the majority of the Anglicans the world around is bad and needs to be addressed, but it was a one time event (so far). The lawsuits represent the Episcopal Church turning on its own members. And they represent an ongoing gross breach of the conduct required of us as Christians as well as a monumental lapse of grace and charity on our part.

The Episcopal Church is dying. Even if the numbers improve, it will continue to die so long as we not only sue our own, but think it appropriate. We need a lot less of Bishops Mathes, Bruno, Lamb, Schori and Lee and a lot more of Bishop Howe.

Virginia and the Prediction Biz

Judge Bellows has handed down yet another decision in the Episcopal vs Anglican suit over in Virginia. The Episcopalians got their clock cleaned yet again and all that remains is a sixth decision in October. That means that its that time of year when losing litigants thoughts turn to appeals.

Some Virginia based gurus have indicated that the case would likely go straight to the Virginia Supreme Court. From there the only possible appeal would be to the US Supreme Court. Either court could send the case back down for more hearings, review or revision.

As far as predicting the future, my crystal ball has been wonky of late. I can say that the burden of persuasion is on the appellant when a decision is appealed. But appellants do win from time to time. Regardless of what Judge Bellows decides in October, the smart money is on the case being appealed. So it seems entirely likely the Virginia Supremes will get this case. Regardless of what they decide, both sides have the wherewithall to appeal to the US Supreme Court. But that is where it gets tricky.

There are only a few cases that the US Supreme Court must hear. The vast majority of cases they do hear are ones they decide to hear, that is they are discretionary. As near as I can tell this suit presents no issues that would require a hearing by the Supremes. Further, as far as discretionary suits go, they generally only like to select cases where the US Circuit Courts of Appeals have split. That is where the lower federal courts disagree.

This case concerns an obscure and unique Virginia law. Unless there is a gross miscarriage of justice, I do not see the Supremes picking it up. Virginia just doesn't have the reputation for shameless injustice that state supreme courts like Florida, New Jersey and California have. The Supremes have already had their big constitutional law case with Heller, so they are guaranteed legal immortality.

That means, unless something goes horribly wrong, one appeal and it's all over.

Of course I may be wrong....

And the Fun Begins

It looks like the Episcopal Church and it's creation, the new Episcopal Diocese of San Joaquin, are now suing the Anglican Bishop of San Joaquin, John-David Schofield. (link is to a PDF)

Apparently we have not had enough litigation already. We need more.

Led Zeppelin needs to re-write their biggest hit to honour our Presiding Bishop:

"And she's suing her way....into heaven"

And oh my Lord, they are proud of themselves for doing it.

Two Four Six Eight, Let's Litigate!

The Rev. Matt Kennedy, one of the commentators over at StandFirm, has been sued by the Diocese of Central New York. The Diocese is asking a court to declare it the owner of the Church of the Good Shepherd, Binghamton, its parish hall and rectory.

I guess nothing says 'church' and 'growth' like litigation and empty buildings.

Good Litigation

I've been very critical of certain ongoing lawsuits. However, the BBC is running a story about a lawsuit that I think any reasonable person would agree is deserving and justified. The families of six men who died in an IRA bombing are suing the men they believe to be responsible. I hope they get a fair trial, and that if the evidence supports it, they get a favourable verdict.

The Roman Nails

Hills of the North, a blogger from Rome, Georgia isolates and elucidates one key part of Judge Bellows opinion in the Virginia lawsuits.

Episcopal Derangement Syndrome

Back in the Clinton Presidency, I had some friends that basically came unhinged at the very mention of the phrase "President Clinton". More recently, my neighbour across the street starts foaming at the mouth at the mention of "President Bush". He is a nice guy and a good neighbour, he just can not mentally handle our current President.

It would appear that the current litigation is affecting the Rev. Terry Martin, who blogs over at Father Jake Stops the World. In a comment thread, he wrote "So, Peter Akinola not only gets to terrorize Nigerians, he also gets to steal American property? I don't think so."

Unfortunately, it's neither his place, nor my place, nor your place, Dear Reader, to decide that issue. It is in the hands of a judge. Also, there having been no warrants sworn or criminal charges made, the use of the word theft in the preceding passage is inaccurate at best and libelous at worst.

I think perhaps the good reverend and his followers might want to take a break from the litigation and bake bread or walk a labyrinth or something. If any of them are here in Atlanta, they can use my garden and pull weeds. I've always found pulling weeds to be excellent therapy for any anger or frustration I might be feeling. Just drop me a line and I'll set you up with gloves and anything else you might need.

Oh and Bill Clinton was our President and George Bush is our President. Get over it.


Addendum: It appears that the Rev. Martin has a garden of his own, or practices some other excellent form of anger management. Kudos to him!

Anglicans 1, Episcopal Church 0 in the First Inning

The judge in the Virginia case has issued his opinion. There has been a division in the Episcopal Church as well as the Anglican Communion. The Virginia division statute applies. Further argument will be heard at the trial level as to whether or not the Virginia statute is constitutional.

I'm thinking 815 loyalists are likely going to have a bad day today. By way of consolation, I'd like to point out that this case will almost certainly be appealed, possibly even to the Virginia Supreme Court.

The bad news is that it's my personal opinion that 1) the statute was complied with, 2) there has been a division and 3) it is constitutional. Were I a betting man, I'd be wagering against the Episcopal Church here. That doesn't mean that the Anglican case is a slam dunk. Just that the odds are in their favour.

PS As of this morning there has been no official reaction from 815. When there is, news of their reaction ("we're disappointed and we're appealing") will likely be posted here.

Addendum: The ENS has released an article on the subject. I found it curious that the first and last sentences of the article are all about property.

Here's One of Them

Quicky version: St. Paul Visalia voted 160-97 to leave the Episcopal Church with the rest of the Diocese of San Joaquin. Forty or so of its members have left the church building to form a loyalist parish.

Editorial comment: I hope that both congregations grow and flourish. I wish them all well. It would really lovely if no litigation results from this, but I think we all know better.