SOUTH CAROLINA: Legal Battle Looms as Convention Resolutions Confront TEC Leadership
By David W. Virtue
www.virtueonline.org
March 11, 2010
A legal battle between the Diocese of South Carolina and the Episcopal Church will loom closer if a series of resolutions are passed at the diocese's annual convention March 26.
Three of five resolutions seek to tighten control over the diocese by the diocesan bishop and urge the Presiding Bishop to drop legal counsel.
If passed, the 219th Convention of the Diocese of South Carolina will affirm its legal and ecclesiastical authority as a sovereign diocese within the Episcopal Church, will declare the Presiding Bishop has no authority to retain attorneys in this Diocese that present themselves as the legal counsel for the Episcopal Church in South Carolina, and will demand that the Presiding Bishop drop the retainer of all such legal counsel in South Carolina who have been obtained contrary to the express will of this Diocese.
Another resolution would give "explicit canonical force" to Bishop Mark Lawrence's practice of "dealing pastorally with parishes struggling with their relationship with the diocese or province." The resolution would add a section to the diocesan canons giving the ecclesiastical authority in the diocese the power "to provide a generous pastoral response" to such parishes.
A canonical revision, also proposed by the standing committee, grants the diocese's bishop (or standing committee) the authority to "provide a generous pastoral response to parishes in conflict with the Diocese or Province, as the Ecclesiastical Authority judges necessary, to preserve the unity and integrity of the Diocese."
By way of explanation on that resolution this was said, "We've experienced now as a diocese, in the All Saints, Pawleys Island litigation, the destructive force of such litigation; how it has created animosities and divisions that are not easily healed. It has failed as a positive cohesive force for maintaining the unity of the church and has in fact had precisely the opposite effect. Christians are suing Christians (1 Cor. 6:1-8); the reputation of the church is marred, and vital resources are diverted from essential Kingdom work. None of this is honoring to our Savior."
In a resolution titled "Recognition of the Heritage and a proclamation of the Identity of the Episcopal Diocese of South Carolina," the convention would declare that "for more than three centuries this diocese has represented the Anglican expression of the faith once for all delivered to the saints" and that "we understand ourselves to be a gospel diocese, called to proclaim an evangelical faith, embodied in a catholic order, and empowered and transformed through the Holy Spirit."
The resolution also proposes that convention "promise under God not to swerve in our belief that above all Jesus came into the world to save the lost, that those who do not know Christ need to be brought into a personal and saving relationship with him, and that those who do know Christ need to be taught by the Holy Scriptures faithfully to follow him all the days of their lives to the Glory of God the Father."
The Diocese of South Carolina had scheduled its convention for March 4-5, but Lawrence wrote to the diocese in early February saying that the convention would be delayed until March 26 in order for him, the diocesan Standing Committee and the diocese "to adequately consider a response" to what he called an "unjust intrusion into the spiritual and jurisdictional affairs of this sovereign diocese of the Episcopal Church."
Presiding Bishop Katharine Jefferts Schori told the church's Executive Council Feb. 19 that Lawrence had attributed the delay "supposedly to my incursions in South Carolina."
According to a series of letters the diocese has posted, Thomas Tisdale Jr., a Charleston, South Carolina, attorney and former diocesan chancellor, wrote Jan. 25 to current chancellor Wade Logan III confirming that during a telephone conversation, Lawrence said the diocese does not intend to take legal action to protect parish property with regards to what Tisdale called "recent and ongoing actions by some congregations in our diocese that threaten to 'withdraw their parishes from the diocese and the Episcopal Church.'"
Tisdale followed up that letter with others asking for a variety of documents. In the first of those letters, Tisdale said he was "South Carolina counsel for the Episcopal Church."
Logan responded saying in part that "the bishop, as the sovereign authority in this diocese, will work pastorally with diocesan parishes and their members in ways that will seek to keep them a part of this diocese." The chancellor refused to supply the information requested saying, "it seems transparent that the Episcopal Church is trying very hard to find reason to involve either the bishop or the diocese, or perhaps both, in an adversarial situation."
The diocese has been increasingly at odds with the wider Episcopal Church. Last fall, it authorized Lawrence and the Standing Committee to begin withdrawing themselves from church-wide bodies that assent to "actions deemed contrary to Holy Scripture, the doctrine, discipline and worship of Christ as this church has received them, the resolutions of the Lambeth Conference which have expressed the mind of the communion, the Book of Common Prayer and our Constitution and Canons, until such bodies show a willingness to repent of such actions."
When Lawrence was first elected bishop in September 2006, he faced numerous questions about whether he would attempt to convince Episcopalians there to leave the church. In a November 6, 2006, letter to the wider church he wrote that he would "work at least as hard at keeping the Diocese of South Carolina in the Episcopal Church as my sister and brother bishops work at keeping the Episcopal Church in covenanted relationship with the worldwide Anglican Communion."
Anticipating that Lawrence might be inhibited and deposed, an addition was made to Canon XXXVII saying that the Ecclesiastical Authority of the Diocese is the Bishop. "If there is no Bishop, the Standing Committee is the Ecclesiastical Authority."
Recently a group calling themselves The Episcopal Forum of SC held a one-day seminar where the Rev. Dr. Frank Wade addressed dissident Episcopalians in the diocese. He encouraged listeners to engage in full participation in The Episcopal Church and urged SC Episcopalians to find common ground in their shared mission and ministry.
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