She added, “In terms of whether or not the parishes in SC and the Diocese in SC were allowed to leave the national church I’m going to make that determination on the basis of neutral principles of law under South Carolina law. I don’t care what happened any where else.”

Beers disagreed with the judge, saying that hierarchy is part of TEC’s polity or organization and the judge responded, “I’m not sure that’s your polity. I watched very carefully when Bishop [Clifton] Daniel testified and Mr. Runyan (attorney for the Diocese) popped up with the Constitution and Canons. There was nothing written that says, “You here forever.”

In response to her last statement coming out somewhat like Scarlet O’Hara, some in the courtroom laughed, drawing a reprimand from Judge Goodstein.

“I don’t say that to be humorous. It is a very serious matter,” she said. “You want to tell me this is the polity of the church? It’s not written. Seems to me it ought to be written. But it isn’t. It obviously happened to some folks. I’ve got that. But I’m not going to be bound by that. I’m just not. I’m going to be bound by South Carolina law.”

When cross examined by Diocesan attorney Alan Runyan, Bishop vonRosenberg affirmed that he was familiar with that portion of the TEC canons commonly referred to as “the Dennis Canon.” He admitted, however, he was not familiar with the Canon which states“No member of the Church, whether lay or ordained, may seek to have the Constitution and Canons of the Church interpreted by a secular court, or resort to a secular court to address a dispute arising under the Constitution and Canons.”

“That is precisely what TEC has sought every time it has prosecuted this kind of litigation,” said the Rev. Canon Jim Lewis, Canon to the Ordinary. “Its what Judge Goodstein emphasized today that she is prevented from doing under the law.”

Plaintiff calls rector as witness to dispute Rickenbaker testimony

The Reverend Gregory Kronz, rector at St. Luke’s on Hilton Head Island testified today that he was head of the search committee to find a bishop to replace Bishop Salmon.

Rev. Kronz said that he and another member of the committee, Paul Fuener, interviewed the Rev. Thomas Rickenbaker, one of about a dozen candidates that had made it to the interview stage. Henrietta Golding asked Rev. Kronz if he ever inquired as to whether or not Rev. Rickenbacher would be willing to take the diocese away from the national church, or if there were any indirect questions in that regard. Rev. Kronz said. “no.” Asked if Rev. Rickenbaker had removed his name from the search list, and Kronz again said, “no.”

The rest of the afternoon was spent going over documents TEC sought to enter into evidence, relating to each of the individual churches involved in the dispute.

When Diocesan attorney Alan Runyan objected to the relevancy of one document, Judge Goodstein overruled him and added, “On documents, I understand why they’re being offered by the defendant (TEC). (However) They have relevance that also shows a very close relationship between parish and Diocese. How many times have I heard testimony say, “The diocese is important to us. We want to stay with the Diocese... I heard time and time again, the end of the road is the Diocese. ‘We want to stay with Bishop Lawrence.’.”

*****

ST. GEORGE, SC: Provisional Bishop takes Stand as TEC’s True Agenda Unfolds.

COMMENTARY

By Ladson F. Mills III
Special to Virtueonline.org
www.virtueonline.org
July 24, 2014

“There is nothing so powerful as the truth and nothings as strange” wrote the famous lawyer and twice Secretary of State Daniel Webster. One can only imagine what he would think if he were observing this trial.

In spite of the much anticipated testimony by Provisional Bishop Charles vonRosenberg which may have been only a backdrop to the national church’s real agenda now that an Amicus or “friend of the court brief” has been filed joining the Methodist and the Presbyterian Church USA in the hope that the US Supreme Court will agree to hear the case involving the Diocese of Fort Worth . Signing as counsel for this brief are Douglas Laycock a professor from the University of Virginia Law School and Matthew McGill of the prestigious Washington DC Law firm Gibson, Dunn and Crutcher. Both lawyers are regarded as strong supporters of same sex unions with McGill instrumental in having California’s law prohibiting same sex marriage overturned.

The Texas Supreme Court has upheld the same neutral principle as in the South Carolina law. The Amicus brief filed Monday in support of Fort Worth Episcopalians loyal to the national church requested that the Supreme Court revisit the 1979 Jones v Wolf decision which allows states to decide how property issues that involve religious institutions will be settled. The Episcopal Church has not fared well under states operating under this principle as witnessed by how poorly things seem to be going for the national church in the South Carolina trial thus far.

Lawyers for the national church hopes to create the impression that the Episcopal Church is a hierarchical church and that the Diocese of South Carolina initiated the lawsuit over theological differences masking as a property issue. Judge Diane Goodstein continually makes it clear that under South Carolina law issues of doctrine and polity are inadmissible.

If the US Supreme Court revisits the 1979 decision it could help TEC lawyers seek a new trial under more favorable conditions. Regardless of this the “litigate till they capitulate” strategy designed by presiding bishops chancellor David Beers will remain the guiding principle as to how the Episcopal Church handles conflict in the courtroom.

How sad it is when declining denominations must band together in an ecclesiastical rendition of misery loves company rather than to engage in discerning self evaluation as to why the faithful are departing in such large numbers. How tragic to accuse others of duplicity while hiring expensive and high visibility lawyers to do the same on their behalf. For critics of organized religion who observe that it’s all about the money this only reinforces the criticism. National churches would rather spend themselves into oblivion than concede how their own failures precipitated their decline.

This, of course, will have no effect on the current case before Judge Goodstein. It is obvious that from the very beginning the national church team believes this to be a preliminary to the big show at the US Supreme Court. They may be right. The Episcopal Church is unrelenting in seeking the assets of those who would dare challenge their agenda. It has become self evident that people are expendable; their finances and property are not.

Ladson F. Mills III is a retired priest with over thirty years pastoral experience. He is retired and lives with his wife in South Carolina. He currently serves as Scholar in Residence at the Church of Our Saviour, Johns Island. He is a regular contributor to Virtueonline.