Breakaway Episcopalians look to US high court
09.09.2009 3:35pm EDT
(Newport Beach, Calif.) Marcia Kear’s three daughters were married at St. James Anglican Church. Her mother’s funeral was there. She said she found the Holy Spirit there.
But she may have to give up the bayside sanctuary, where sunlight filters through watery blue stained-glass windows and glints off the flawless copper pipes of an organ purchased with parishioners’ tithes.Kear is among theologically conservative breakaway Episcopalians fighting over parish property in a long-running rift over how churchgoers should interpret what the Bible says about gay relationships and many other issues.
St. James Anglican, in the Diocese of Los Angeles, is one of several dozen individual parishes and four dioceses nationwide that voted to split from the national church after the 2003 consecration of the first openly gay Episcopal bishop in New Hampshire.
“It’s not just about the building, it’s about the church,” said Kear, 70, who participates in group prayers for the property even while she says the congregation could continue without it.
The congregation may have to do just that. State courts have sided with the Los Angeles diocese throughout the five-year legal case, most recently in January. St. James has filed a petition with the U.S. Supreme Court in hopes that it might take up what has so far been a losing battle. St. James expects to know next month whether the nation’s highest court will take the case.
Two other seceding parishes – All Saints Church in Long Beach and St. David’s Church in North Hollywood – are parties in the lawsuit. A high court decision could also affect the Fresno-based Diocese of San Joaquin, one of the dioceses that voted to split off and is now involved in a complex property dispute with the national church.
Both sides make similar claims to the individual properties beyond their legal positions. Each has strong emotional and spiritual ties to the parishes, and views its interpretation of Scripture as the right one. Traditional Episcopalians believe that the Bible bars gay relationships; liberal Episcopalians emphasize social justice teachings of Scripture.
The Episcopal Church has argued that its rules bar anyone from walking away with denomination property, which often includes large endowments and land worth millions of dollars. Theological conservatives who want to separate say they have spent years, even decades, spending money to maintain and improve the buildings.
The 2-million-member denomination also includes many parishioners who disagree on the issues, but don’t see the rift as a reason to leave. Los Angeles Bishop Jon Bruno issued a letter to the diocese’s parishioners urging reconciliation.
“The Episcopal Church continues its long tradition of welcoming among its members a diversity of opinion, including loyal dissent. Our church remains a large tent expansive enough to include many views and voices while united in common prayer,” he wrote. “I ask each of us to keep working for reconciliation and renewal within this diocese.”
But reconciliation is a long shot.
Committing to leave the Episcopal Church five years ago and risking litigation was a somber decision for the St. James parish, especially because ties to the buildings run deep.
Kear remembers an expansion project about eight years ago when parishioners wrote prayers on scraps of paper and set them in the cement of the new sanctuary’s foundation.
There was “really a feeling (we were) building the new building,” Kear said.
Chad Sutton, a member of St. James’ lay leadership committee, said it’s particularly painful to hand the property to leaders with such different theological views.
“The prayers that have gone on at that altar – it almost gives you goosebumps,” Sutton said. “The saints that have gone before us and surrendered their lives, confessed their sins there – that has some significance.”
St. James has aligned with the Anglican Church of North America, a network of seceding Episcopal parishes and other congregations that was formed by theological conservatives as a rival to the Episcopal Church. At recent Sunday services in Newport Beach, parishioners voiced prayers for “our legal situation.”
Beyond awaiting word from the U.S. Supreme Court, there is no timeline for when the separationist parishes might hand over the grounds.
Sutton hopes, at least, it can wait a few months.
He and his wife are expecting a baby, and he said he knows exactly where they would like to have the child christened.





This is unfortunately what happens when people leap before fully looking at the repercussions. My Guess is the Supreme Court won’t wade into this matter. it’s contractual and I haven’t hurt a legal argument to warrant the ruling in the breakaway’s favor
I think if God is “in charge” as most religious people say, then why are they even thinking of bothering the Supreme Court with this? Remember, at one time women were considered non-persons by the church and people of color too, in the USA anyhow.
As a member of the Anglican Church of Canada, which is undergoing the same soul-searching, I say those who wish to leave are welcome to do so. No, I do not want a further split in the church, but if they are not comfortable in an inclusive church that celebrates the contributions of its LGBT members, these people have other choices such as the Southern Baptists and Roman Catholics. However, it is sad that there are so many people in the church who cannot see that God reveals truth in science and human psychology as well as in the Bible.
The Episcopal church, officially, has endorsed a “big tent” strategy, as is generally the case among moderate religious denominations.
If the conservatives don’t want to be under that big tent, that’s fine, but they can only leave with the things they own. They can’t requisition the property of everyone else because they feel some irrational emotional attachment to it.
If they choose to leave the Church, then they should leave … but they cannot and should not take Church property with them. And if they feel that strongly about the direction of the Episcopal Church then they can follow the example of their fellow Anglicans in the Church of England when the CofE started ordaining women preists and bishops; they can convert to Roman Catholicism. The Roman Church even accepted Anglican preists who wanted to convert – and let them stay married.
I am glad to see these haters leave the Episcopal Church, but why should they get to take Episcopal Church property with them? I would guess that the Supreme Court will not want to be involved in an intra-church squabble.
Is this not another example of church/state? Why should the Supreme Court have a voice in the church’s affairs and why should the church be subject to the Supreme Court’s rulings? We can’t have it both ways: either the church is separate from Government or it isn’t.
They don’t own the Church Property, they are no different than RENTERS who have lived in a building for an extended period, they do not have any rights to the property.
if you want to leave your church the GO !
appealing to the US Supreme Court is a violation of Church & State … just GO and leave the church in peace.
This is slightly different in my opinion as there is a states interest in how untaxed property is accorded. But I can also see the US Supreme court not wanting to get mixed up in the disagreement.
I think a reasonable stanch would be if the majority want to go one way and the minority go another then any “property” should be split up and if one side wants to buy out the other then they should be able to. In any case the property should be valued at the time it was given not current value.
If either of the parties do NOT want to split then a 3rd party (of both choosing) should make the decision. Then and only then if it can’t be resolved the church should be dissolved and the money split up between the two groups.
To me that seems utterly fair.
People in Orange County can be so narrow minded. I am glad I left in 1988. They really think they are God’s choosen.
Rick Lapham,
I see two themes in your posting on this thread and I will address them.
As a liberal Episcopalian my belief is that not that “God is in charge”. But that God gives men and women a capacity for or a likelihood of good minds, kind hearts and the ability to getting moving, do for themselves and for others in many different human endeavors for improving one’s life and that for one’s loved one.
Be it human rights or learning a career, etc. Some see God as I do as co-pilot in one’s life but only in God gave you life, heart and mind and that what you do with those things is up to you, your successes and failures in life are up to you. God did not guarantee you a life free from difficulties to overcome, but gave you the means to try to get through things as gracefully as you can.
This is 2009, no longer the 1950s. Attitudes in many people have changed over many decades including my own as I gained more experience with living in multi-ethnic and diverse communities.
Years ago as a pre-teen, I lived in a midwestern community of largely white people. I now live in the DC suburbs of Maryland. My own church has people born in Thailand and Cambodia, Trinidad, Morocco, Ghana, Liberia, and people of European, European ancestry etc. Straight and gay go there. Young couples with children attend there. It is a growing church with people of all kinds of backgrounds. One of my best friends from church are the kindly older women of color from places like Ghana and Trinidad.
Julia Flowers,
I totally agree with you about the separation of church and state. The US Supreme should state its refusal to take up this kind of case for that reason.
It’s primarily a thoelogical discussion. Even though there’s money and property at stake, I don’t see the Supreme Court being all that eager to step in. If there were donations which came with very specific stipulations (gift is revoked if women are ordained, for example), those could be in play, but I doubt there are many circumstances like that. Then again, people like Scalia can’t stop themselves from mixing religion and government, so this could be interesting.
The first rector appointed after they joined the Nigerian Anglicans (or whatever) was deposed for boffing his (female, I presume) secretary.
So much for biblical morals.
BTW, their “beloved” building is BRAND-NEW … building it was an act of DEFIANCE. They re-used the stained glass and some furnishings from the old church … that’s all.
Ahmanson, the money behind the conservative caucuses in SEVERAL main-line churches, is a member of St. James. The American Anglican Council of anti-gay fascist reich-wing religionists was founded at St. James, and the rector at the time is now “bishop” and head of the AAC.
Ahmanson is a disciple of Rushdoony and the Dominionists / Reconstructionists.
Look it up.
Bud Burgoon-Clark
San Diego CA USA
(former Orange County resident)