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Final arguments presented in San Joaquin case: The Church of England Newspaper, January 24, 2014 February 3, 2014

Posted by geoconger in Church of England Newspaper, Property Litigation, San Joaquin, The Episcopal Church.

The legality of the secession of a California diocese from the from the Episcopal Church is in the hands of California Judge Donald Black following  the closing arguments presented to the Fresno Superior Court last week.

On 13 Jan 2014 the videotaped testimony of the Rt. Rev. John-David Schofield who presided over the 2007 vote by the diocesan synod to quit the Episcopal Church was presented to the court.  Bishop Schofield, who died in October 2013, testified in the 2011 recording to his actions surrounding the diocesan vote to amend its amend its constitution and canons to replace language acceding to the Episcopal Church’s constitution with language that affiliated the Diocese with the Anglican Province of the Southern Cone.

In 2008 the national church and loyalists members of the diocese brought suit against Bishop Schofield and various parishes, seeking to acquire control of all church properties. The breakaway diocese has argued that the diocese’s actions conformed to secular and ecclesiastical law.  Attorneys for the national church have argued that while the church’s constitution does not forbid the secession of dioceses, a ban on quitting is implied in the church’s governing documents.

Judge Black ordered the parties to file their final briefs on 24 Feb 2014, and their reply briefs on 17 March 2014. A decision is expected from the court by late summer.

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