Tuesday, November 7, 2017





MEDIATION RECESSED


The Episcopal Church in South Carolina has just announced that mediation has been recessed until December 4-5, 2017. No reason was given for the suspension. Obviously the two sides did not reach an agreement in their first session that was scheduled for Nov. 6-8. The recession was announced at 10:45 this morning, that is, early on the second day of the scheduled three day conference.

For those who wanted the mediation to bring a settlement, the bad news if that there is no agreement, but the good news is that they will meet again.

The mediation talks are strictly confidential and the lawyers and officials involved are not allowed to talk about them publicly. So, we cannot know any details now of what went on between the two sides yesterday and today. Moreover, it is not appropriate at this point for us to speculate publicly on what the terms of a final agreement should be. We have no choice but to await the eventual outcome of the mediation. 

Since they have agreed to meet again in a month, my guess is that the two sides made their demands and both need time to consider them and make counter-offers. If all issues, both state and federal, are on the table, there is a great deal to be considered. This is a very large and complicated case.

More time may allow the state supreme court to release its decision on whether to grant or deny DSC's three requests for rehearing. DSC is trying to overturn the court's August 2 decision that awarded 29 of the 36 parishes, and Camp St. Christopher, to the Episcopal Church in South Carolina.

Find the TECSC announcement of the recession here .

Sunday, November 5, 2017




POST AND COURIER CONFUSED





The Charleston Post and Courier published an editorial in today's paper (Nov. 5), "End Church Dispute with Mediation." Read the editorial here . Unfortunately, the editors were confused and apparently understood neither mediation nor the issues involved.

On one hand, the editors said, "The purpose of mediation beginning Monday is to determine how to implement the August decision..." In fact, the August decision returned 29 parishes and Camp St. Christopher to the Episcopal Church diocese. Implementing the decision would be settling the details of exactly how the 29 parishes and the camp will return to their ancestral home in the Episcopal Church.

Then, the editors contradicted themselves by declaring, "But an agreement should be reached that lets the Diocese of South Carolina and the Episcopal Church in South Carolina part ways while remaining in the churches..." The editors concluded by calling for the DSC congregations to be allowed to keep the properties in question.

What the editors suggested was contradictory. A property cannot be returned to the Episcopal Church and stay outside of the Episcopal Church.

In fact, the mediation covers all issues involved in state and federal courts, not just property.

Concerning property, the Diocese of South Carolina recognized the Dennis Canon for years before the schism of 2012. The parishes were part and parcel of the diocese. This meant they also recognized the Dennis Canon . The Canon said all property was held in trust for the Episcopal Church and the diocese. So, the idea that the parish always owned the property on its own is simply not true.

In the August 2 decision of the South Carolina Supreme Court, the majority of justices agreed that 29 of the 36 parishes had acceded to the Dennis Canon and that this accession, once made, could not be unilaterally revoked. The deal was akin to a contract. One side cannot change the terms without agreement of the other side.

The fact is that in its schism against the Episcopal Church, the breakaway diocese tried on its own to change the church rules it had accepted. It had no right to do that. It had no right to discard the laws of the church. Therefore, the parishes did not in fact remove their local properties from the Episcopal Church. The SC Supreme Court said this in its August decision.

Under the Dennis Canon, all 36 parish properties are under trust control of the Episcopal Church and the Church diocese. If the Church allows even 7 of them to discard this it will be a major concession to the breakaway diocese.

The editors of the Post and Courier should do their homework. Obviously they have a lot of work to do.

Thursday, November 2, 2017




APPROACHING MEDIATION


Mediation is to begin in a few days. The initial session has been scheduled for Monday, November 6, to Wednesday, November 8. The two sides are the Episcopal Church and the Episcopal Church in South Carolina on one and the Diocese of South Carolina on the other. The lawyers of the two sides will meet with senior federal district judge, Joseph Anderson, in Columbia. Judge Richard Gergel, The U.S. District Court judge in Charleston who is handling the case of vonRosenberg v. Lawrence, ordered the mediation on August 30. Both sides agreed that all issues in contention, in state and federal cases, would be open for consideration. 

According to the U.S. District Court rule book, the two parties may choose not to meet face to face. (Find the rule book here .) They may sit in separate rooms, write out their demands, and have the mediator deliver the offers and counter-offers back and forth. Although the judge is the facilitator, any agreement is entirely at the discretion of the lawyers and their institutional authorities. The rules allow thirty days for the mediation. If the two sides cannot come to a mutually agreeable conclusion, the mediation ends and the court processes resume as before. If, on the other hand, the two sides reach an agreement, they put it in writing and sign it. Once signed, it is fixed law and will be announced to the public. If the written agreement is long, the court allows fourteen days for its preparation. If all issues are settled in the agreement, all litigation ends in the courts. Thus, the mediation has the potential of ending once and for all nearly five years of legal warfare between the two sets of Christians. 

So far, the court has not strictly adhered to the rule book. Yet, it seems reasonable to assume we will know the outcome of the mediation by mid-December, if not before. If the mediation fails, we will know sooner rather than later. At this point, apparently only one session has been scheduled, Nov. 6-8, but presumably there could very well be more meetings if no agreement is reached next week.

The time has passed for public speculation on what a settlement should be. Communicants on both sides should have made their thoughts known to their diocesan officials by now if they were going to do so. Once mediation begins, it is done in private. All talk is conducted confidentially. No one on either side is allowed to reveal what is going on in the talks. It will not be appropriate for the public to try to influence the negotiations once the mediation begins.

Certainly everyone on both sides wishes all this whole mess would go away. Reality holds, however, that this is not likely since the two sides have very different views of what the best settlement should be. Basically each wants the same things: the legal entity of the old diocese and the parish properties. I do not see how the entity of the pre-schism diocese can be divided up, part here and part there. Surely, the whole legal status of the diocese must be granted to one side alone. The 36 parish properties are another matter. They could be divided. 

Indeed, this is where we stand now in the courts. The South Carolina Supreme Court issued an order on August 2, 2017, that 29 of the 36 parishes in question remain under the trust interest of the Episcopal Church and the Church diocese while 7 parishes are free of this. The trust derives from the Dennis Canon, a church law that was part of the Episcopal Church after 1979 and officially part of the Diocese of South Carolina, at least from 1987 to 2010. The 7 include 6 parishes in the Diocese of South Carolina and one now in the ACNA Diocese of the Carolinas, St. Andrew's of Mt. Pleasant. So, in other words, the SCSC has ordered 29 parishes back to TEC and allowed 6 to remain in DSC separate from TEC. The Court also awarded Camp St. Christopher to TEC/TECSC. At the same time, the SCSC opined that the Episcopal Church is hierarchical and that the Church retains the entity of the old diocese. However, the SCSC left it to the federal court to finish up this point.

However, the Aug. 2 decision is not quite final. On Sept. 1, the DSC lawyers entered in the SCSC three petitions for rehearing of the case. Although it is extremely unlikely the Court will agree to reopen the case, the Aug. 2 decision is on hold until these petitions are answered. This uncertainty will hang over the mediation process.

I have no official connection with either diocese and am certainly not privy to the thoughts, policies, and procedures of the lawyers and officials of the two sides. I can only speak for myself as a student of the history of the schism. However, I think everyone would do well to tamp down expectations for the mediation. There are several reasons for this.

The gulf between the two sides is wide and deep. The schism was the result of thirty years of rising animosity on the part of the diocesan leadership against the Episcopal Church. These men did not take the actions they did frivolously. They believed very deeply in their cause. They came to see the Episcopal Church as fatally flawed. What brought this to a head was the issue of homosexuality. The DSC leaders refused to accept non-celibate homosexuals in the clergy, the blessings of same-sex unions, and equal rights for the transgendered, all reforms adopted by the Episcopal Church in the 1990s, 2000s, and 2010s. The DSC ruling clique believed they were saving the diocese from Episcopal Church apostasy by taking it out of TEC and into the Anglican Realignment. This is meant to be a restoration of "orthodox" Anglicanism, or a preservation of "the faith once delivered" as they often say. 

Case in point: Bishop FitzSimons Allison's recent letter to the editor denouncing the idea of reconciliation and implying that mediation should fail (see commentary here ). He said TEC should allow DSC to keep all it has now (the diocese and all the parishes in question). If not, DSC should abandon mediation. Allison was bishop of DSC from 1982 to 1990. His record is well known (see detailed discussion in my book, A History of the Episcopal Church Schism in South Carolina ). For the last twenty years he has actively aided and abetted movements against the national Church by supporting First Promise and defending its leaders (FP created the first schism by forming Anglican Mission in the Americas under Rwanda), "ordaining" bishops contrary to the canons of TEC, and very publicly supporting DSC's efforts to remove itself from TEC. For his provocative actions, Allison was censured by the House of Bishops in 2004. In 2007 he advised the diocese to defy the laws of the Episcopal Church and consecrate Mark Lawrence as bishop anyway after ML had failed to get consents. The elder statesman Allison became the usual leading public cheerleader for Lawrence after that. Now, at age 90, he remains a staunch defender of the schism in SC. The guiding principle among the leadership of DSC since the Allison years is that ideology takes precedence over institutional integrity. If Allison's "all or nothing" attitude is the prevailing one in DSC, mediation is doomed to fail before it starts.

Other DSC leaders also have many years of emotional investment in their one-sided war against the Episcopal Church. Kendall Harmon arrived in DSC in 1987 and immediately moved to the forefront in Allison's crusade on sexuality. Mark Lawrence made his maiden convention speech on sexuality in 1991. I imagine there are many clergy and laity in DSC who would like to have a compromise settlement with TEC. However, they do not run DSC. DSC is now, as it has been for many years, controlled by a small and secretive collection of like-minded men who are devoted to their deeply-held views of religion. In spite of the circuit court's ludicrous assertion, DSC is not congregational, quite the opposite. It is rigidly authoritarian. Decisions are routinely made in secret by a small number of people who hand them down to the clergy and laity (as in the schism of 2012).

In fact, from the announcement of the mediation, Sept. 1, to the organizational meeting for mediation on Oct. 4, the leaders of DSC refused even to admit that mediation was going to take place. There was a news blackout among DSC and its Internet allies. Perhaps at the time they were too busy trashing Justice Kaye Hearn and conducting a public relations campaign for "freedom of religion" (i.e. the buildings are "ours"). As of this writing, the DSC leaders have made no mention of mediation since their announcement of Oct. 4. The Church diocese, on the other hand, has issued numerous announcements about mediation, the most recent from Bishop Adams. Find it here . 

Another case in point: DSC flatly refused even to talk about TEC's offer of a compromise settlement in June of 2015. TEC offered to recognize the independence of all 35 parishes and to relinquish any claim to the property. In return, TEC would get the legal entity of the diocese including all of its rights and assets. In short, a swap of the parishes for the diocese. If DSC had accepted this offer, the parishes would now own outright the local properties. Instead, the SCSC has returned 29 of them to TEC control. Thus, there is a record of "mediation" of a sort. DSC defiantly rejected the offer. This kind of attitude does not bode well for the new mediation.

The situation for TEC has changed too. At the time of the offer of compromise settlement in 2015, TEC was coming off a complete defeat in the circuit court and viewing a dim prospect of going to a supreme court that had issued the All Saints decision. This ruling (Sept. 2009) defended secession and local property and rejected the Church's claim of automatic validity of the Dennis Canon in South Carolina. Today, matters are quite different. TEC and TECSC have the superior position from what the SCSC ruled on Aug. 2 and from the prospect of an advantageous ruling from the federal court next year. This should make one question whether TEC/TECSC would repeat the offer of 2015. I think it reasonable to doubt it.

In addition, the lack of a final resolution in the SCSC will complicate the mediation. Given the size and complexity of this case, it is reasonable to assume it will take the SCSC several months to deliver a response to DSC's three petitions for rehearing. (It took the court six months to respond to the last appeal for rehearing.) I do not see how the SCSC can make a response to the petitions for rehearing during the time allotted to the mediation process. This will leave the lawyers to discuss what might be rather than what is. Moreover, the DSC lawyers can cling to the hope that the U.S. Supreme Court could take the case on appeal if they lose in SCSC. This too could dampen DSC's interest in making a compromise deal now.

If the leaders of DSC were really smart, they would recognize the reality of their situation and make the best deal they can right now with TEC/TECSC in order to salvage what is left of their experiment. The fact is that the schism has failed. DSC is collapsing into disarray. The diocese has lost almost half its members and a third of its income in the nearly ten years since Mark Lawrence arrived. It lost 10,000 members in the schism alone, counting the local churches that stayed with TEC and those who abandoned the 50 secessionist parishes and missions. Moreover, DSC has lost members steadily every year since the schism. The trends are very clear. DSC is free falling to disaster. Common sense would say DSC should cut the best deal they can now and not repeat something like the terrible mistake they made in rejecting compromise in 2015. However, I wonder whether people who are committed to a rigid ideology would be flexible enough to compromise on some really big issues. 

Thus, given the realities of the history of the schism and the current state of affairs, I think it best that we restrain expectations for the mediation next week. If it works to bring mutual agreement, well and good. If it does not, we must go on striving for the best as God gives us the ability to discern it.

We are living in an age of destructive division. Our nation is torn by forces that want us to turn against each other and diminish our fellow countrymen and women. Our church is torn by forces that want us to turn against each other and condemn our former friends as enemies. We are all being put to the test of good will for our fellow travelers. Our nation and our national church were founded at the same moment a long time ago on the principle of the common good. We are all in this together. We work best as corporate bodies where individuals give and take for the sake of something bigger than themselves. The individual has rights, but not the right to destroy the common good. To be true to our great historical legacy, we must not allow the dark forces that would divide us and turn us against each other to prevail. We must stay together on common ground. We have too much at stake. The future of our civic state and our religion depends on our commitment to mutual respect and cooperation. 

Wednesday, November 1, 2017






THE DIOCESE OF SOUTH CAROLINA 
AND DISCRIMINATION AGAINST WOMEN



In view of all the recent dusturbing news on the national scene about sexual harassment, it is timely to look at how women have been treated in the pre-schism diocese and in the post-schism dioceses in South Carolina. 

As in the case of race, the Diocese of South Carolina was the very last diocese in the Episcopal Church to allow women into the institutional structure of the diocese. Bishop Temple lamented this fact and worked hard to gain equal access for women in the constituted bodies of the diocese and to extend ordination to women. Under his guidance, the diocesan convention voted, in 1971, to allow women to serve as delegates to the convention (the last of the 110 dioceses in TEC to do this).

The Episcopal Church recognized the ordination of women in 1976 and committed itself to full equality for and inclusion of women into the life of the church. This was one of the four great reform movements in the Church in the late twentieth century (others: equal rights for African Americans, democratization of the Prayer Book, and equal rights for non-celibate homosexuals). In time, women moved into positions of leadership and authority in the Church, all the way to the presiding bishop.  

Meanwhile, a minority of conservative churchmen refused to support the Church's reforms for women. Three dioceses adamantly refused to allow women to be ordained to the priesthood, Quincy, Ft. Worth, and San Joaquin (Bishop Lawrence's home diocese).

Bishop Allison (1982-1990), a conservative Evangelical, was ambivalent about equality for women. Giving a great deal of time and attention to sexuality, particularly homosexuality, he all but ignored the issue of women's rights. He neither overtly supported nor opposed it. Nevertheless, small steps occurred. The first woman ordained to the priesthood in South Carolina was the Rev. Constance D.S. Belmore, in 1984. Allison did not participate. He did, however, agree to ordain two women, the Rev. Cynthia Nan Taylor, in 1987, and the Rev. Jennie Olbrych, in 1989. Women also found their way into the diocesan standing committee, in 1987 and 1988.

Sexual harassment was very much a part of the diocese in the Salmon years of the 1990's according to the memoir of Eugene Nick Zeigler (When Conscience and Power Meet. Univ. of SC Press, 2008). Zeigler was the diocesan chancellor, or lawyer at the time. He described an episode in which the Rev. Tony Campbell, canon missioner of the diocese, was elected suffragan bishop of Virginia in 1993. A woman came forth and asserted that she and Campbell had carried on an adulterous affair. The presiding bishop then suspended the consent process for Campbell whereupon the clergy of South Carolina exploded in protest against the national church and the accuser. According to Zeigler, practically the whole diocese rushed to Campbell's defense. Zeigler, however, said there was "substantial evidence" of wrongdoing and resolved to pursue justice. This was not easy: "in the eyes of the clergy I was literally the devil's advocate." A diocesan ecclesiastical court found Campbell not guilty. Nevertheless, Virginia withdrew its election. Then, two more women in the diocese, a priest and a layperson, came forth with sexual harassment accusations against Campbell. "There was even stiffer resistance on the part of the clergy to a second trial, but I insisted." Zeigler threatened to resign as chancellor if justice was not rendered. A settlement was made; and Campbell moved away to Texas. If Zeigler's account is to be believed, and I see no reason to doubt it, the diocesan establishment and most of the clergy behaved shamefully in this episode. It was only by the chancellor's, and the presiding bishop's, resolution for justice that justice was in fact done. If it had been left to the diocesan power structure alone in 1993, the rights of women, and by extension of all people, would have been ignored. In fact, if it were not for Zeigler's book, very few people today would even know of this dark passage in the history of the diocese.

To be sure, the election of Katharine Jefferts Schori as presiding bishop in 2006 created another anti-women explosion on the right, especially in South Carolina. Bishop Salmon demanded "alternate primatial oversight," that is, another Anglican primate to oversee South Carolina, rather than "Mrs. Schori," one of the nice terms for her. Jefferts Schori was pointedly not invited to serve as lead consecrator for Mark Lawrence in 2008.

Jefferts Schori had no idea what she was in for when she visited the diocese in February of 2008. What was supposed to be a "conversation" between herself and the clergy of the diocese turned into an ambush. For more than two hours she was trapped, preached to, lectured to, accused, and forced to listen to her character being impugned. We have the videos to prove it. They are on The Living Church website. Her visit was a low point in the run-up to the schism and should have alerted her to what was to come. She, however, seemed to brush it off to give Bishop Lawrence plenty of leeway, perhaps hoping long- suffering would keep him in the Church. It did not work, as she learned much later.

Meanwhile, progress of incorporating women into the life of the diocese remained extremely slow. Women were elected to the diocesan bodies, as the standing committee and the council, but they never held a majority and never gained a chair. They invariably served as "secretary" of whatever committee. No woman served as rector of a large or medium-seized parish of the diocese. On rare occasions when they spoke out in opposition to the men leaders, women got nowhere. Case in point, May 30, 2009, the standing committee met to consider St. Andrew's of Mt. Pleasant's proposal to transfer millions of dollars' worth of property into a separate and irrevocable trust outside of the control of the diocese and Church, thus in violation of the Dennis Canon, something both the diocese and Church held as church law at that time. When a woman committee member spoke out that day, and only to look into the legal aspects of such an action, she was immediately overridden. The committee brushed aside her thoughts and railroaded through the measure that was in blatant violation of the laws of the diocese. So much for the opinion of women. Meanwhile, the core leadership of the diocese remained entirely male.

Bishop Lawrence had come from a diocese that had never ordained women to the priesthood; and he continued this attitude all the way to the schism. He even spoke out in the 2012 diocesan convention disparagingly about women's ordination. At the time of the schism in 2012, only 8% of the diocesan clergy were women, when the national Church was 30%. The schism itself was planned and carried out overwhelmingly by men. Of the two dozen people in on the secret plan of schism in October of 2012, three were women, all members of the standing committee. None of them, however, was in the inner circle of power.

When women appeared to play important roles in the run-up to the schism, they were attacked by the diocesan leadership. Of course, their attitude to the (woman) presiding bishop hardened if anything between 2008 and 2012, as she became the convenient enemy. Leadership depicted her as the dark "liberal" aggression from off out to expel the supposedly innocent local bishop who was only fighting for the right and for "orthodoxy" (the victimization theme). Attorney Josephine Hicks likewise came in for attack. She was the attorney for the Disciplinary Board for Bishops, in 2011, who had the nerve to ask the diocese for certain relevant documents. Diocesan leaders disdainfully refused and, instead, hounded her into removing herself from the case. She was replaced by a man who apparently demanded nothing of the diocese.

The relationship between the DSC (all-male) leadership and women in the post-schism litigation is fascinating. First, the DSC lawyers chose a court with a (woman) judge who turned out to be as favorable toward them as possible. Judge Diane Goodstein gave them everything they wanted and then some. No doubt, the lawyers sailed into the state supreme court in 2015 fully expecting another supportive woman to back them up. She was none other than the chief justice, Jean Toal, the very author of the famous All Saints decision of 2009 that had recognized the secession of the All Saints parish from the diocese and awarded the parish the local property. One of the DSC lawyers, Henrietta Golding, had handled that case for All Saints all the way to its stunning conclusion in September of 2009. No doubt, lawyers Runyan, Golding and their cohorts, fully expected Toal to apply the All Saints decision to the whole diocese. In fact, as we know now, this is exactly what she wanted to do.

However, big mistake in assuming Toal would be another Goodstein. Chief Justice Toal was famous far and wide for her self-proclaimed "controlled aggression." She was the epitome of the independent and strong-willed woman justice on the bench. She would be in charge, not anyone else. She would defer to no one. Toal was definitely in control of the hearing as everyone watching knew. She raked Runyan over the coals for introducing so many extraneous issues into the circuit court trial, and subsequent decision, thus muddying the waters of her pure All Saints decision that was simply on two issues, corporate and property rights. If the DSC lawyers thought they were going to make the chief justice fall in line behind them, they should have known better. Ironically, all the time, Toal and Runyan wanted exactly the same thing, the extension of the All Saints decision. In the supreme court's written decision of Aug. 2, Toal was the only justice to uphold the decision entirely. The dynamic between Toal and Runyan was the most fascinating aspect of the supreme court hearing. In my view, Runyan met far more than his match.

Now we arrive at the case of Justice Kaye Hearn, one of the five justices on the South Carolina Supreme Court. She has been mercilessly attacked ever since the decision appeared on August 2. It is an attempt at character assassination. Perhaps she is the revenge for Toal. Obviously, the DSC lawyers' goal is to reverse the decision that went against them. Hearn, however, was not the lead justice in writing the majority pro-Episcopal Church decision. That was Justice Pleicones. Nor was she the swing vote to make a majority. That was Chief Justice Beatty. Yet, she was singled out for vicious denunciation as unfair and unethical because she happened to be an Episcopalian and to be listed on the membership rolls of the Episcopal Forum. The DSC lawyers appealed to the Court for her to remove her part of the Aug. 2 decision and to recuse herself from further court action. They never mentioned this in the twenty-two months since the hearing. This is an outlandish, never-heard-of last-minute ploy that reeks of desperation. Nevertheless, it is a personal attack on a woman, the only woman on the state supreme court other than Toal. Could anyone imagine a lawyer having the gall to do this to Toal? He or she would be toast. 

One woman who was not about to be toast was Melinda Lucka, an attorney in Charleston. In all of my research on the schism, she was the only woman I found, who played an important role, to escape, at least largely, the wrath of the all-male diocesan leadership. And, how she did this remains a mystery, at least to me. On the Church side, Lucka played the key role in defending the interests of the Episcopalians in the diocese in the run-up to the schism of 2012. She did a tremendous amount of work on preparing a case concerning Bishop Lawrence. In 2011, she led the pro-Church party in the diocese to appeal to the national Church for intervention. It was she who led the two actions in 2011 and 2012. In the latter, her committee of twenty-four communicants presented an effective petition to the national Church. The Disciplinary Board for Bishops found it convincing and brought a charge against Bishop Lawrence for abandonment of the Episcopal Church. I still marvel that she avoided being burned at the stake, metaphorically speaking, by the Coming Street cabal. Although the diocesan leadership's treatment of Lucka was nowhere near that of Jefferts Schori and Hicks, she did not escape their ire entirely. In 2013, she was on the usual list of suspects to be served court papers, and she and her husband were subpoenaed for depositions by the DSC lawyers. In my opinion, of all the people on the Church side in the run-up to the schism, Melinda Lucka played the most heroic role. She will be remembered in history; and I hope she writes her memoir about her role. We need to know more about her crucial work.

It should  not be surprising that after the schism, the two dioceses have treated women very differently. Not surprisingly, most of the pre-schism diocesan clergy who were women remained with the Episcopal Church in the split. In the Episcopal Church in South Carolina today, there are 19 women clergy. 12 of the 92 priests (13%) are women. Among the deacons, a majority (7 of 12) are women. The Ven. Calhoun Walpole is the archdeacon, the highest rank any woman has ever achieved in the diocese. While making progress, TECSC still has a long way to go to full equality. In the Episcopal Church today, about half the new ordinands are female; and women make up about 40% of the clergy.  

The post-schism Diocese of South Carolina is another story. Today, DSC is listing 11 women clergy, 6 priests and 5 deacons. They account for 6.5% of the DSC clergy (11 of 155). Percentage-wise, there are twice as many women clergy in the Church diocese as in the independent diocese.

After the schism, and seven years after his ordination as bishop, Bishop Lawrence finally agreed to ordain a woman to the priesthood, the Rev. Martha Horn, in 2015. She died a few weeks later. Another woman has been ordained in DSC, but not by Lawrence, the Rev. Catharine Norris. Low and behold, another woman is about to be ordained, and by Lawrence this time, the Rev. Mary Ellen Doran, next month. This will make two women that Lawrence will have ordained to the priesthood in the last nearly ten years.

One ominous note for women in the independent diocese is that DSC has joined the Anglican Church in North America. ACNA is a male-chauvinist bastion with no patience for women's issues. It is controlled by men, almost all old white men. The structure of the ACNA, with its four governing bodies, places most power in the hands of the 50 bishops. Only men can be bishops in ACNA. A few months ago, these bishops met to discuss women clergy and released a statement, on September 7, 2017, agreeing to disagree. They left the ordination of women up to the local dioceses but at the same time condemned the ordination of women to the priesthood: "We agree that there is insufficient scriptural warrant to accept women's ordination to the priesthood as standard practice throughout the Province." Find the statement here . Moreover, the archbishop of ACNA, Foley Beach, is on record as opposing the ordination of women to the priesthood and boasting he has never ordained a woman. Although individual dioceses may allow women clergy now, it is entirely possible the ACNA will decide to ban this. After all, numerous dioceses in ACNA have a history of opposing equal rights for and inclusion of women into the life of the church.

The ACNA's attitude towards women should not be surprising. The counter-revolution they are leading against the Episcopal Church is part of a wider culture war. On one side is the revolution of the Episcopal Church with its half-century commitment to democratic reforms for the equality of all people. On the other side is the counter-revolution against these reforms. It is not just rights for homosexuals in the cross-hairs of DSC and its allies, it is rights for women too. If the men who run ACNA have their way, women will remain subservient in the church and in the wider culture.

Thus, the women in the present Diocese of South Carolina should ask themselves whether they are willing to accept the low place the men in power have assigned to them. ACNA and DSC would keep women subservient to men. On the other hand, the Episcopal Church has committed itself to full equality for and inclusion of all women into the life of the modern church.

Women make up the majority of the church. They are most of the church-goers. In my experience, they are the backbone of the local church, doing the real everyday work of the parish and mission. In a sense, the church belongs to the women.  

The women of DSC would do well to ponder the history of he treatment of women in the diocese and to consider what is facing them now and in the future. They have a choice between the discrimination in DSC and ACNA on the one hand and the equality in the Episcopal Church on the other.    



   

Thursday, October 26, 2017




AUTUMN IN THE GARDEN


Autumn is the second best season in the garden, after spring. The seemingly interminable hot and humid summer of the South has passed. Cool and dry air has finally arrived from Canada, and not a moment too soon. Many of the plants are at their best now, in full growth and flower, putting on their last and best show of the growing year. In a few days frost will arrive here and the deciduous plants will do what they always do, drop their leaves and go into a winter's sleep to rest up for next year's burst of growth and beauty. The perennials will fall to the ground to escape the cold. The evergreens will hunker down waiting out winter. The sun has mercifully moved down in the sky to throw a soft light and shadow anew replacing the glaring and searing furnace of the summer sky. This is a delightful time for strolling around the garden, and for doing garden work. Let us take a break from the stress of debilitating church politics and renew our souls amid the wonders of God's creation. This is my garden, today, October 26, 2017.



Camellia japonica 'Daikagura' Variegated.
A strikingly beautiful camellia that blooms before frost, from September to November, with large blossoms of variegated pink and white. A good choice for a fall-blooming camellia. We think of camellia as a winter flower, but actually there are varieties that bloom in fall and others in spring.




Banana tree and Blue Star (Amsonia, "Hubricht's Bluestar').
Bluestar shines in spring covered with blue "star" flowers. In autumn it turns banana yellow. It is getting there. The banana tree never produces fruit because it has to have two years of growth. In most of the South, banana trees die down to the ground in winter. 




When I first placed St. Francis here years ago, he was out in the open. Now he is surrounded by growth of all kinds. I think he would approve. Besides, the garden has lots of happy birds. I supply them with a variety of natural foods. They repay me with their beauty and song. I think he would like that too. (I am already missing the hummingbirds. They have left for the winter, to return in April. I have lots of them too.)




Camellia sasanqua 'Setsugekka'.
There is a ring of alternating white and pink full-grown camellia bushes around a tree, three white and three pink. All are in full bloom in October. This is the white blossom.




Camellia x 'Autumn Pink Icicle'.
This is the pink blossom.




A trellis arch leading into a pathway on one side of the garden. On the arch is jasmine and climbing rose. The palm is a Windmill Palm tree, the most cold-hardy of all palm trees.




Looking toward the central lawn. On right is Loropetalum "Plum Delight'. The clump grass is Japanese Silver Grass  (Miscanthus sinesis condensatus "Cabaret'). The large tree is elm. The small tree on the left is Grancy Greybeard. The shrub in the lower left is forsythia. The thin upright evergreens are Italian Cypresses.


One of these days, when I get more tech savvy, I will post a video of my garden. I have made many DVDs of the garden with my video camera over the fourteen years since I bought the vacant lot and began planning, planting, and tending my little Garden of Eden. My modest garden has been great therapy. First, however, I will have to figure out how to transfer a file from my camera to my blog. I will put that on my "to do" list before next spring.

I hope you enjoyed this walk through my garden, and I hope you enjoy too the gardens all around you, large and small. We are in a lull period now awaiting two monumental events in the schism, the mediation and the SC supreme court response to DSC's appeal for recusal or rehearing.








Sunday, October 22, 2017




THE POST AND COURIER
ANNOUNCES BOOK PUBLICATION


Adam Parker, of the Charleston Post and Courier, announced publication of my new book, A History of the Episcopal Church Schism in South Carolina, in the "Happenings" section today, October 22, 2017: "Scholar pens history of local schism." He called it "a comprehensive account of the conflict between the church and the now-disassociated diocese." Find Parker's generous remarks here . 

The book is available at the Gifts of Grace bookstore of Grace Church Cathedral, in Charleston. The shop is located in Hanahan Hall. Find more information on the bookstore here .

Wipf and Stock, the publisher, is now offering the book in paperback and hardback with an e-book edition to appear soon. Find their link here . They have the paperback discounted from $62 to $49.60 and the hardback from $87 to $69.60.

Amazon is also offering the book. Find their link here . They are listing he paperback at $61.51 and the hardback at $84.89. 

The paperback edition of the book will also be available at the annual diocesan convention meeting of the Diocese of Upper South Carolina, in Spartanburg, on November 3-4, and at the meeting of the Episcopal Church in South Carolina, in Hilton Head, on November 10-11. I expect to be present at both for book signings.

Wednesday, October 18, 2017





OCTOBER 18 --- 
THE STATUS OF THE LITIGATION


Five years after the schism, we are finally nearing the resolution of the legal issues between the two sides. The litigation officially began on January 4, 2013 when the independent diocese (DSC) sued the Episcopal Church essentially claiming 1-the legal rights of the old diocese, and 2-the local ownership of the properties. This began the litigation in the South Carolina state courts. Three months later, the Episcopal Church diocesan bishop (of TECSC), sued the bishop of DSC in federal court for violation of the Lanham Act, a federal act protecting copyrights. The Church bishop essentially asked the court to recognize him, and not the DSC bishop, as the legal bishop inheriting the old diocese. This began the litigation in the United States courts.

At present, the litigation is divided into three avenues: state court, federal court, and mediation. Let's look at where matters stand in each.


STATE COURT.

DSC's suit against TEC and TECSC went to trial in the circuit court of Dorchester County in July of 2014. On Feb. 3, 2015, Judge Diane Goodstein issued a decision awarding all issues to DSC.

In June of 2015, TEC/TECSC offered a compromise settlement. The Church would recognize the 36 parishes' outright ownership of the local properties in return for the entity of the old diocese. DSC flatly rejected this offer.

The South Carolina Supreme Court held a hearing of the appeal of the circuit court decision on September 23, 2015. On August 2, 2017, the Court released its decision. It recognized the trust control of TEC/TECSC over 29 of the 36 parishes and returned Camp St. Christopher to TECSC. Otherwise, it deferred to the federal court. Thus, the state supreme court reversed the bulk of the circuit court decision.

On September 1, 2017, DSC filed three petitions for rehearing in the SC Supreme Court. The major one requested: 1-that Justice Kaye Hearn's opinion (in the Aug. 2 order) be vacated (removed), 2-that Justice Hearn be removed from participating in the petition for rehearing, 3-that if the rehearing without Hearn should be deadlocked, the Chief Justice would appoint a fifth justice to break the tie, and 4-as the alternative to the above three, the court order a new rehearing with new oral arguments before a new court (the present court instead of the court that heard the case on Sept. 23, 2015).

DSC filed a 345-page paper for its petition for recusal of Hearn. It ranged from the silly, quoting Internet blogs, to the serious, affidavits of purported authorities on judicial ethics, Lawrence J. Fox and Nathan M. Crystal. Much of the case against Hearn rested on her membership in the Episcopal Forum and in St. Anne's Episcopal Church, the continuing Episcopal congregation in Conway SC. DSC lawyers said Hearn should have recused herself from the case in view of her conflict of interest.

TEC/TECSC filed a response on September 18 basically making two counter-arguments on Hearn. They said church membership is not grounds for recusal, and DSC lawyers failed "timeliness" (they should have raised the issue to start with, not 22 months after the hearing). 

The next day, Sept. 19, two retired judges in SC filed "Amici Curiae" (friends of the court) briefs defending Justice Hearn's role in the case and denying any infringement of ethics rules.

On Sept. 25, DSC filed in the SCSC, a "Response" to TEC/TECSC's Sept. 18 paper, once again arguing Hearn was in violation of ethics rules, her opinion should be removed, and she herself should be excluded from the case.

On October 13, DSC lawyers filed a "Response" to the two judges' brief of Sept. 19 reiterating their charges against Hearn.

Thus, since August 2, 2017, there have been nine legal actions entered into the SC Supreme Court: the Aug. 2 decision of the Court, DSC petition for time extension on Sept. 1 (denied), DSC's three petitions for rehearing on Sept. 1, TEC/TECSC's response to DSC's three petitions on Sept. 18, TEC/TECSC's Amici Curiae of Sept. 19, DSC's response of Sept. 25 to TEC/TECSC, DSC's response of Oct. 13 to the Amici Curiae. Apparently (at least let's hope) this is the end of the back-and-forth in SCSC. If you are dizzy from all this, you are not alone.

We are now awaiting SCSC's response to DSC's three petitions (Sept. 1) for rehearing in the SCSC.


Will the South Carolina Supreme Court grant a rehearing?

Reminding everyone I am not a lawyer, this is what this layman sees:

Petitions for rehearing in the Sc Supreme Court occur often. The vast majority are denied. However, there was an occasion, this year, in which the SCSC responded to a petition for rehearing. It was in the case of Harleysville Group Insurance v. Heritage Communities, Inc. The court originally heard the case on June 14, 2016, then rendered a written decision on January 11, 2017. Shortly thereafter, there was a petition for rehearing. On July 26, 2017, the court denied the rehearing but at the same time issued a revised written decision to supersede the original one. This was to reflect the new briefs that had been presented. I do not pretend to understand anything about this case as it involved complicated insurance laws, so I cannot say why the justices decided to revise their original decision.

Thus, as I see it, there is precedent for the SCSC to issue a new opinion to replace an old one even if they decide not to have a rehearing. 

I have also found examples in which the court granted petitions for rehearing, but the only ones I have seen dealt with corrections to small technicalities, such as dates. As far as I can tell, the court has not, at least in recent years, granted a rehearing on the issues of a case. 

What DSC is asking is unprecedented. They are requesting of the court much more than a simple rehearing. They are calling for one of the justices to discard her opinion, remove herself from the case, and have the court appoint a tie-breaking justice (who would not have been present for the hearing). And, this demand is appearing for the first time 22 months after the court hearing. This is radical. Can you imagine the precedent this would establish in the court system? If the court accepted this, justices and judges forever after would be subject to threats of retribution for their decisions. The whole integrity of the independent judiciary would be corrupted.

As I see it, it is most unlikely the SC Supreme Court will agree to anything DSC is requesting. Church membership is not grounds for recusal. Hearn was an Episcopalian and a member of the Episcopal Forum. So what? Membership does not prove a thing. In fact, it is erroneous to say that the Forum orchestrated the charges that brought the restriction of Bishop Lawrence. The case against Lawrence in 2012 was drawn up by 24 individuals (neither Hearn nor her husband), communicants of the Diocese of South Carolina. Even if they were members of the Forum, the 24 were acting on their own, not as representatives of the Forum. The Forum as an entity had nothing to do with the Lawrence's restriction or removal. As for the argument Hearn had something to gain by making the decision, where was it? The local DSC parish was one of the seven allowed to remain independent. 

When will we know? Consider the fact it took the court six months to respond to the rehearing in the insurance case this year.


FEDERAL COURT.

Judge Richard Gergel, of the United States District Court, in Charleston, is handling the case of vonRosenberg v. Lawrence (has been updated to include Bp Adams). In August he set a schedule of end of discovery by December of 2017, and trial in March of 2018. However, on Aug. 30 he ordered a mediation. There is now a "stay," or recess, during the mediation period. If the mediation fails, the stay will be lifted and the process will resume in the federal court.

In this case, the Episcopal Church and the Episcopal Church in South Carolina are essentially asking the court to recognize the Church diocese as the legal heir of the pre-schism diocese (specifically asking that the Episcopal Church bishop be recognized as the Episcopal bishop). The SC Supreme Court decision gave a majority opinion in favor of this, but deferred to the federal court to decide finally since federal trademark takes precedence.


MEDIATION.

As I understand it, mediation is fairly routine, at least in cases as large and important as this. The federal court rule book says mediation can last up to 30 days with another 14 for the writing of an agreement. The first session has been set for November 6-8 in Columbia guided by Judge Joseph Anderson, the senior federal judge appointed by Judge Gergel.

Both sides have agreed that all issues, state and federal are to be considered. 

Mediation does not require settlement, but it obviously encourages the two sides to try for an agreement. Any settlement would have to be mutually agreeable. This implies compromise, or give-and-take. However, it is not occurring in a vacuum. There is already a body of legal judgment that would have to be considered in any arrangement.

If the sides adhere to the rule book (and they have not so far), we can expect to know by early December if there is not to be a mediated settlement, and late December if there is a written deal. If an agreement is reached in the mediation, it becomes final when written and signed by the parties. Along the way of mediation, all talks are confidential. The public will not know the outcome of the mediation until there is an announcement of failure, or a written agreement is produced. I imagine we can expect one or the other in December.

Between now and Nov. 6, all parties should be engaged in prayerful preparation for the negotiations that could end all of this mess once and for all.


In sum, there are three parts of litigation going on now. In the first, we are awaiting a response from the SC Supreme Court to DSC's petitions for rehearing. I doubt very much the court will agree. If not, DSC has the option of appealing to the U.S. Supreme Court, but it is extremely unlikely SCOTUS would take a case based on state property and corporate law. They deal in national issues.

In the second, the federal case is "on hold" pending the mediation.

In the third, mediation is on and talks are to begin shortly. Whether anything will come of this is anyone's guess. The Church is going in with the much superior position. However, as long as the petitions for rehearing are pending in the state supreme court, neither side will be able to assert its demands well. There will be too much uncertainty. It is hard to see mediation working until the state supreme court issues a decision on rehearing. Given the court's slow process, we have reason to doubt there will be a decision very soon.

Nothing is finally resolved, but we are getting nearer all the time to a resolution of the legal issues of the schism in South Carolina. I still believe that chances are good it will all be over within a year from now. And, at this point, the advantage is with the Episcopal Church and the Episcopal Church diocese. 





Sunday, October 15, 2017





FIVE YEARS AGO


It was five years ago today that the schism in South Carolina occurred, October 15, 2012. It is appropriate now to reflect on that momentous event.

As of today, October 15, 2017, the schism is approaching its most critical period. Two monumental events are about to happen, the South Carolina Supreme Court's response to the independent diocese's (DSC), petition for a rehearing, and the initial mediation session of November 6-8. Both of these will have enormous consequences for the future of both sides of the schism. Our focus now is on the near and long term future, but in order to know how to proceed onward, one must know how one got to the present. This is why we need to review, at least briefly, what happened five years ago.


GOALS OF THE SCHISM:

The people who made the schism in South Carolina had two immediate goals:

1-to remove the diocese intact from the Episcopal Church. This would include the legal rights, assets, and properties of the old diocese.

2-to have the parishes leave the Episcopal Church owning outright their local properties.


BACKGROUND OF OCTOBER 15, 2012:

The schism was the result of creeping increments spanning a thirty year period. 

Bishop Allison (1982-1990) established an adversarial interface with the Episcopal Church primarily because of the Church's reforms in favor of the inclusion of and equal rights for homosexual persons. He cloaked this as a religious issue, old-fashioned orthodoxy, which he championed, against modernist relativism, which he said too many Church leaders advocated. Allison packed the diocese with all the "orthodox" clergy he could giving it an indelibly conservative stance.

Bishop Salmon (1990-2008) defended the institution of the  national Church while siding with the ultra-conservatives (those who refused to accept the validity of TEC's pro-homosexual reforms). He tried to enforce TEC's Dennis Canon (parish property is held in trust for the Episcopal Church and the Episcopal diocese). At the same time he promoted the ultra-conservative anti-homosexual-rights agenda.

After the 2003 General Convention, that approved of a non-celibate homosexual man as a bishop, Salmon introduced a top-down secretive decision-making process that remains in place. He also joined the Anglican Communion Network, an ultra-conservative alliance of a dozen dioceses, the forerunner of today's Anglican Church in North America.

After the 2006 General Convention, Salmon denounced the choice of the new presiding bishop and called for Alternate Primatial Oversight, that is, oversight of DSC by a primate outside of the Episcopal Church. This idea failed.

Bishop Lawrence arrived in 2008 having written articles defending diocesan "dissociation" from TEC and the submission of TEC to the (anti-homosexual-rights) majority of the Anglican Communion. Nevertheless, he vowed to adhere to the discipline of TEC. DSC continued to accede explicitly to the Constitution and Canons of the Episcopal Church.

After the 2009 General Convention, that set up a process to develop liturgy for the blessing of same-sex unions, Lawrence presided over a convention that declared virtual independence from TEC. The special convention of Oct. 24, 2009 asserted local sovereignty and resolved to withdraw DSC from the governing bodies of TEC. The March 2010 diocesan convention gave Lawrence the sole right to interpret the constitution and canons. The special convention in Oct. of 2010 completed the de facto declaration of independence from TEC by voting to revoke the accession to the canons of TEC and by revising the corporate charter to remove TEC. After this, DSC recognized only the Constitution of TEC. 

By this point, a virtual state of war, albeit a one-sided one, existed between DSC and TEC. Victimization became a common theme in DSC, that is, Bishop Lawrence was being persecuted by the leadership of TEC who were out to remove him as bishop and flip the diocese from "orthodox" to liberal. The campaign of the victimization theme would bind the majority of communicants to defend their bishop in a siege mentality. It worked.

In 2011, the Disciplinary Board for Bishops investigated Lawrence and voted that his actions had not met the threshold for charges of abandonment of the communion.

At the very moment when Lawrence was cleared by the DBB, he issued quit claim deeds for all the parishes, in direct disregard of the Dennis Canon (convention had revoked accession to TEC's canons in Oct. of 2010).

The year of 2012 was the final stage of the long schism by increments. The General Convention of that year was sure to adopt a liturgy for the blessing of same-sex unions. This would cap a lengthy process in TEC of inclusion of and rights for homosexual persons in the life of the Church. After this, the issue of homosexuality was likely to fade away in the Episcopal Church. The DSC leaders prepared to make their last stand. 

In the first half of the year, the DSC leadership set the stage. Plans were made for pension and insurance coverage outside of TEC. Bank funds were shifted around. Lawrence worked tirelessly campaigning across the diocese. In addition to his usual visits, he conducted 28 "bishop's forums" to inform people of the impending crisis. The Standing Committee planned the events that the deputies would carry out in the upcoming Convention sessions. 

When the 2012 GC did meet, the DSC carried out its pre-planned actions and Lawrence staged a dramatic walk-out from the House of Bishops in protest of the reforms favoring homosexual and transgendered persons. DSC leaders returned to SC to declare a major crisis.

The DSC leadership apparently planned the action of the schism between late July and October 2, 2012. There was an ultra-secret meeting of the leadership on August 21, 2012, that, although we cannot document it at this time, apparently was the conference that laid out the plan for the final diocesan break from TEC. On September 18, the DSC Standing Committee discussed secession from TEC and asked Lawrence for authoritative guidance on how this could be done. On October 2, 2012, Lawrence, his aides, and the Standing Committee met in secret. Upon Lawrence's "authoritative" ruling in a 16-page letter, the Committee unanimously resolved to remove the DSC from TEC if TEC took any action of any kind against Lawrence, something everyone knew had a good chance of happening in light of the quit claim deeds of last November. This Oct. 2 resolution remained a tightly held secret among the two dozen DSC leaders.

The next day, October 3, 2012, Lawrence met in New York with Bishop Andrew Waldo, of Upper South Carolina, and Presiding Bishop Katharine Jefferts Schori to discuss "creative" ways to keep DSC in TEC. Lawrence did not reveal the secret plan which was actually a trap for the Presiding Bishop. The three failed to arrive at any "creative" suggestions other than to meet again. Lawrence left the meeting agreeing to meet again on October 11. Just before the 11th, Lawrence refused the meeting on excuse of a funeral in Florence. The meeting was re-set for October 22. However, on October 13, the Presiding Bishop was in Atlanta, and asked Lawrence to meet her there for talks. Lawrence refused. (In fact, Lawrence refused to meet the PB in person after Oct. 3).

Meanwhile, also in secret, the Disciplinary Board for Bishops met to investigate Lawrence a second time. Mainly owing to the quit claim deeds, which were not a part of the 2011 investigation, the DBB voted on September 18, 2012, to certify that Bishop Lawrence had abandoned the communion of the Episcopal Church primarily because, by issuing the deeds, he had willfully violated the Dennis Canon. The PB received formal notification of this on Oct. 10. She could not communicate it to Lawrence in person since he refused to meet her on Oct. 11 and Oct. 13. She scheduled a telephone call for Oct. 15.


OCTOBER 15:

Presiding Bishop Jefferts Schori had a conference call including Lawrence, Wade Logan (Lawrence's chancellor, or lawyer), and the Disciplinary Board for Bishops. The PB told Lawrence that, following the DBB decision, she had to place a restriction on him. He was not to perform any acts as an ordained person until the restriction was lifted. She placed the restriction as of 12:00 p.m. (noon) of that day, October 15. The PB also told Lawrence she wanted this to remain confidential until their meeting of October 22. According to the TEC timeline, Lawrence agreed with this. Jefferts Schori wanted a peaceful and quick solution to this problem before word could get out. Lawrence did not tell Jefferts Schori at that time about the secret Oct. 2 resolution for schism. 

Lawrence knew exactly what Jefferts Schori's call meant and he swung into action immediately afterwards. In effect, he rejected all that the PB had said as he rejected the "discipline" of the Episcopal Church. Confidentiality disappeared. He called chancellor Logan and got the green light. By 1:30 he was on a conference call with the Standing Committee relaying the news. The DSC leadership of no more than two dozen people agreed that the diocese had "disaffiliated" with the Episcopal Church as of the moment of the restriction, noon. This meant that a part of the Oct. 2 resolution kicked in, calling of a special diocesan convention in 30 days to make the required changes in the diocesan constitution and canons removing all references to the Episcopal Church. The convention was not to be called to decide on secession from TEC. The leaders declared that was already done, by the Standing Committee, as of that day. At the end of the day, the self-declared schism was still a tightly-held secret among the two dozen diocesan leaders. In the view of the entire DSC leadership, they, and the diocese itself, had all left the Episcopal Church once and for all, and had done so as of noon, Oct. 15, 2012.


AFTERMATH OF OCTOBER 15:

With the schism still secret, on October 16, Lawrence met with the convocation deans and relayed the news of "disaffiliation" to them.

On October 17, Lawrence called Jefferts Schori and announced that DSC had withdrawn from the Episcopal Church and therefore he was no longer subject to Church rules. This was the first she, and Bishop Waldo, knew of the secret plan for schism. The DSC leadership announced to the diocesan clergy and the rest of the world, the news of the diocesan break from the Episcopal Church. It was two days after the schism that the diocesan clergy were officially informed of their disaffiliation from the Episcopal Church. This situation forced the clergy and the communicants to choose between going along with the diocesan schism or staying with the Episcopal Church.

Lawrence did not meet again in person with the Presiding Bishop.

Shortly thereafter, the Standing Committee directed the diocesan lawyers to begin legal actions to "protect" the diocese against TEC.

On Nov. 17, a special convention met representing 55 of the 71 local churches. With little dissent, the delegates affirmed the "disaffiliation" of Oct. 15 and declared that Lawrence was the bishop of the diocese. The canons were rewritten to remove all references to the Episcopal Church. 

The schism was complete. 


SOME CONCLUSIONS ABOUT OCTOBER 15, 2012:

1. Bishop Lawrence was not kicked out of the Episcopal Church. He voluntarily left the Church.

2. Bishop Lawrence was not convicted of anything. He was only charged by the DBB. Had he stayed in TEC, he would have had the option of submitting a simple letter to the Presiding Bishop or pleading his case in the House of Bishops. The PB or the HOB could easily have removed the restriction against Lawrence and restored him as bishop of the diocese. 

2. The Episcopal Church did not "assault" the Diocese of South Carolina. The actions concerning Lawrence were for the bishop alone. The Disciplinary Board for Bishops and the Presiding Bishop's restriction were for Bishop Lawrence only. They had nothing to do with the diocese.

3. The Presiding Bishop tried to resolve the issue of the Disciplinary Board's charge against Lawrence quietly and quickly after Oct. 10. However, Lawrence refused all in-person meetings with the PB after Oct. 3.

4. The diocesan leaders made a premeditated secret plan to remove DSC from the Episcopal Church. This was a set-up. The plan was a trap for the unsuspecting Presiding Bishop. This was the conclusion of the victimization theme. The majority of the diocese rallied around their bishop and left the Episcopal Church.

5. The schism was made in secret by no more than two dozen people and handed down to the clergy and the communicants. This was an action of the DSC leadership. The schism did not arise from the ordinary clergy and people of the diocese.


For more on the above, see my book, A History of the Episcopal Church Schism in South Carolina. Information on it may be found here . 


Addendum, Oct. 16.    MUST READ---today's post by Steve Skardon at scepiscopalians (see it here ), "Breakaways Approaching Mediation with Guns Ablaze." It describes well the meltdown in the independent diocese since it lost in the state supreme court on Aug. 2. DSC appears to be in total disarray with its leaders flailing about madly at their perceived adversaries, primarily one of the justices on the supreme court and the local Episcopal Church bishop. So much for the Rev. Jeff Miller's pious talk of a few days ago about "the Christian way." Just exactly how this "all-guns-ablaze" attitude against the Church side is going to help DSC in the mediation talks with these very people remains to be seen. The first mediation session starts in 21 days.