STILL AT IT,
with update
with update
11:00 a.m. On 18 December, U.S. District Judge Richard Gergel, in Charleston, issued a second order against the Anglican Diocese of South Carolina banning them from infringing on the rights of the Episcopal Diocese of South Carolina. In no uncertain terms, he reminded the breakaways that he had issued an Injunction (19 September 2019) against them to stop them from using the names and emblems of the identity of the historic diocese: e.g. Diocese of South Carolina, the Episcopal Diocese of South Carolina.
A noteworthy historian himself, the judge seemed most rankled that the breakaways were still trying to assume, illegally, the historical identity of the pre-schism diocese. In many cases, the judge declared in his Dec. 18 order, the "disassociated diocese" was attempting "to co-opt the history and goodwill of TEC and TECSC's marks." "Yet, the Defendants [ADSC] position ignores the clear Order of this Court and only serves to demonstrate that the Defendants continue to disregard this Court's Order by misappropriating the goodwill associated with the enjoined marks." "The Court has found it indisputable the TECSC is the successor of the Historic Diocese." "Defendants may not subvert this Court's clear Order, as detailed above, by continuing to co-opt the goodwill of the exact marks they are enjoined from using." The judge went on that by co-opting the goodwill, the defendants were causing harm to the Episcopal diocese. In his conclusion, Gergel made it very clear that the Anglican diocese and all of its officers are permanently enjoined from using the identity of the historic diocese, that is, diocesan history before 2012.
This morning, I made a cursory scan of the Anglican Diocese's website and found numerous examples where apparently the breakaways continue to assume the identity of the historic diocese. Here are some outstanding examples:
--- "Latest News." Find it @ adosc>Legal News>Latest News. This gives a long list of comments and documents apparently in violation of the court orders banning the new diocese from assuming the historic identity of the Episcopal diocese, for instance, the "FAQs."
--- "The Real Story Behind Our Split With The Episcopal Church" by the Rev. Jim Lewis: "much has been made about the Diocese of South Carolina's separation from the Episcopal Church..." "resolutions that simultaneously disaffiliated us from TEC."
--- "Diocese Releases Statement Regarding Disassociation from the Episcopal Church" by the Rev. Kendall Harmon. This includes the diocesan seal. "The Diocese of South Carolina is no longer part of TEC."
--- Resources>Parochial Report. Parochial report of 2013, "Diocese of South Carolina."
--- Resources>Pledge Report. Pledge Report, 2017-2018, "The Protestant Episcopal Church in the Diocese of South Carolina, 2017-2018 Pledge Report."
These are just some of the examples I found in a quick search. The "FAQs" under the "Legal News" is replete with references to the historic diocese. There are too many to list here.
I am sure the Episcopal Church lawyers and their clerks can compile a long and detailed list of places where the Anglican diocese is still in violation of Judge Gergel's two very clear orders. I am equally sure you readers can find examples.
If I were an officer in the breakaway diocese, I would not want to have to appear before Judge Gergel a third time on this issue. He stated in the second order (18 Dec.) that infractions of the Sept. 19 injunction were causing harm to the Episcopal diocese. The next step is for the Episcopal diocese to go back to court and ask for monetary compensation for violations of the court orders. Maybe a thousand dollars a day for each infraction would make a statement to the defendants.
A word of advice to the Anglican diocesan officers: The federal court has ruled very clearly that the Episcopal diocese is the one and only legal heir of the historic diocese. Judge Gergel ruled explicitly that your association was formed in October of 2012 when you chose to leave the Episcopal Diocese of South Carolina. You have no identity before then. The organization you are calling yourselves now, "Anglican Diocese of South Carolina," came into existence in 2012. The federal court has ruled this emphatically. If I were an officer in ADSC, I would not tempt Judge Gergel to rule a third time on this issue.
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The schism occurred at 12:00 p.m., on October 15, 2012. That is when the presiding bishop called Bishop Lawrence and placed a restriction on him pending action on the certification of abandonment passed by the Disciplinary Board for Bishops. The leaders of the diocese agreed among themselves that the diocese disaffiliated from the Episcopal Church at that time (noon, Oct. 15, 2012). Shortly thereafter, 50 local churches agreed to go along with the separation. A convention met on Nov. 17, 2012 to confirm the break.
From Oct. 15, 2012, to September 19, 2019, the disassociated group continued using the historic names and emblems of the diocese. On Sept. 19, 2019, the federal court ruled that the disassociated organization had no legal claim to the historic diocese. The judge issued a permanent injunction forbidding the disassociated diocese from pretending to be past, present, future the Episcopal diocese.
The federal court ruled that the Episcopal diocese continued on unbroken in 2012 and thereafter, and remained entitled to the names and emblems of the historic diocese. The breakaway group then adopted the name "Anglican Diocese of South Carolina."
The Anglican Diocese of South Carolina came into existence at the moment of the schism, on Oct. 15, 2012. It did not legally "disaffiliate" or "disassociate" from the Episcopal Church. It had no right to the history of the Episcopal diocese even though its leaders and communicants used to be members of the Episcopal diocese. The federal court ruled that the Anglicans' self-proclamation of disaffiliation with the Episcopal Church was not legally recognizable. After Oct. 15, 2012, the ADSC could not claim to be the Episcopal diocese either in history or at present or in the future. Therefore, all actions after noon of Oct. 15, 2012, would be as the new entity now known as the Anglican Diocese of South Carolina. The federal court injunction of Sept. 19 specifically bars the separate organization from using the names and emblems of the historic diocese.
Since Oct. 15, 2012, there have been two distinct entities. The Episcopal diocese continued, and continues, uninterrupted. It remained part of the Episcopal Church. The Anglican diocese was created on Oct. 15, 2012. It had, and still has, no claim in any way to the history, rights, names, and emblems of the Episcopal Diocese of South Carolina. The federal court has declared this very clearly. The Anglicans' lawyers have appealed Judge Gergel's decision but there is virtually no chance the Court of Appeals will overturn his orders, and the judge came close to saying this in his Dec. 18 judgment.
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UPDATE, 23 December, 3:30 p.m. The Anglican Diocese of South Carolina removed its website page "News & Events > Legal News" today. This is where I found most, but not all, of the apparent violations of the court orders on the ADSC website.
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A note for historical clarification.
From Oct. 15, 2012, to September 19, 2019, the disassociated group continued using the historic names and emblems of the diocese. On Sept. 19, 2019, the federal court ruled that the disassociated organization had no legal claim to the historic diocese. The judge issued a permanent injunction forbidding the disassociated diocese from pretending to be past, present, future the Episcopal diocese.
The federal court ruled that the Episcopal diocese continued on unbroken in 2012 and thereafter, and remained entitled to the names and emblems of the historic diocese. The breakaway group then adopted the name "Anglican Diocese of South Carolina."
The Anglican Diocese of South Carolina came into existence at the moment of the schism, on Oct. 15, 2012. It did not legally "disaffiliate" or "disassociate" from the Episcopal Church. It had no right to the history of the Episcopal diocese even though its leaders and communicants used to be members of the Episcopal diocese. The federal court ruled that the Anglicans' self-proclamation of disaffiliation with the Episcopal Church was not legally recognizable. After Oct. 15, 2012, the ADSC could not claim to be the Episcopal diocese either in history or at present or in the future. Therefore, all actions after noon of Oct. 15, 2012, would be as the new entity now known as the Anglican Diocese of South Carolina. The federal court injunction of Sept. 19 specifically bars the separate organization from using the names and emblems of the historic diocese.
Since Oct. 15, 2012, there have been two distinct entities. The Episcopal diocese continued, and continues, uninterrupted. It remained part of the Episcopal Church. The Anglican diocese was created on Oct. 15, 2012. It had, and still has, no claim in any way to the history, rights, names, and emblems of the Episcopal Diocese of South Carolina. The federal court has declared this very clearly. The Anglicans' lawyers have appealed Judge Gergel's decision but there is virtually no chance the Court of Appeals will overturn his orders, and the judge came close to saying this in his Dec. 18 judgment.
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UPDATE, 23 December, 3:30 p.m. The Anglican Diocese of South Carolina removed its website page "News & Events > Legal News" today. This is where I found most, but not all, of the apparent violations of the court orders on the ADSC website.
