South Carolina fires first salvo in legal battle with TEC: Anglican Ink, January 5, 2013 January 5, 2013Posted by geoconger in Anglican Ink, Property Litigation, South Carolina, The Episcopal Church.
Tags: Katharine Jefferts Schori, Mark Lawrence
A South Carolina court has been asked “Who and what are Episcopalians and how is that church organized?” after the Diocese of South Carolina filed a lawsuit yesterday against the national Episcopal Church. The 65-page complaint asks the court to issue an injunction banning Presiding Bishop Katharine Jefferts Schori and her allies in South Carolina from using the name or presuming to act on behalf of the diocese and further asks the court to affirm the legality of the diocese’s secession from the General Convention of the Episcopal Church of the United States of America.
Filed on 4 January 2013 in the First Judicial Circuit Court in Dorchester County by the trustees of the Episcopal Diocese of South Carolina and 16 parishes, the complaint asks the civil courts to adjudicate the same general questions currently before the Texas Supreme Court in the Diocese of Fort Worth case. South Carolina has asked the court to legal scrutiny Bishop Jefferts Schori’s claim the Episcopal Church of the United States of America is a hierarchical body with final authority vested in the national church.
Yesterday’s action follows a generation of sparing between liberals and conservatives in the Episcopal Church over issues of doctrine and discipline. However, the legal and ecclesiological issues of diocesan autonomy and national authority arose in 2006 after Bishop Jefferts Schori was elected presiding bishop. Unlike her predecessor Frank Griswold who told the Diocese of Louisiana that ultimate authority rested in the diocese, Bishop Jefferts Schori has argued that ultimate authority resides in the General Convention and in her office.
Read it all in Anglican Ink.