TEXAS SUPREME COURT HEARS CHURCH CASE
Today, 5 December 2019, the Texas Supreme Court heard arguments in the Episcopal Church case. A video of the hearing is available online here . Today's session was on an appeal of the TX Second District Court of Appeals decision of April 5, 2018. See my blog report on this here . This Appeals court decision was a 178-page masterpiece overwhelmingly on the side of the Episcopal Church. The breakaways appealed it to the state supreme court. The Appeals court opinion of 5 April 2018 is well worth a second look. Find it here .
In today's hearing, the justices seemed a bit irritated that they had this case at all. Justice Blacklock asked several times why this had not been settled by negotiations. Each side blamed the other. The schismatics' lawyer, Scott Brister said of TEC, "they don't settle." Not true. In fact, TEC offered to give all 36 parishes in SC independence and property in return for the entity of the historic diocese, in June of 2015. It was the breakaway side that rejected this. Brister also said courts around the country have decided about half and half. Not true. The breakaways won in exactly one place, Quincy. They lost in Pittsburgh, San Joaquin, and SC.
Essentially Brister argued this as a neutral principles case between two equal parties.
The church lawyer, Thomas Leatherburg argued that the diocese was created by the Episcopal Church under terms of TEC. Under those terms it was subject to the Constitution and Canons of TEC. "This is in the nature of a contract." It cannot be broken unilaterally. The breakaways had no right to take the diocese out of TEC. The church position was this is ultimately an ecclesiastical matter.
As in SC, the Dennis Canon figured prominently. Actually, the TX supreme court had ruled earlier that the Dennis Canon did not go into effect in TX because under state law, the deed holder had to make a trust. The Appeals Court agreed with this. However, the Appeals Court said the Dennis Canon really did not matter in this circumstance because, since the Episcopal Church was hierarchical, the diocese (and its properties) remained part of TEC. In its decision, the Appeals Court said: "The Corporation [Corporation of the Episcopal Diocese of Fort Worth] is to hold real property acquired for the use of a particular parish or mission in trust for that parish or mission's use and benefit..." (p. 141). Thus the diocese held the local properties, and the Episcopal Church determined the diocese. The breakaways' claim that they retained the historic diocese and its properties was invalid.
The Dennis Canon itself was not the issue today. The issue was whether the breakaway group had the legal right to take the diocese out of the TEC. The breakaway lawyer said they did have the right under state law. The church lawyer said they did not have the right because TEC was hierarchical. This was the position clearly taken by the Appeals Court under the principle of hierarchy. The ownership of the properties then is the collateral of the larger issue. The Appeals Court recognized the Episcopal Church diocese as the legal heir of the historic diocese. Since the corporation of the diocese was the holder of the properties and the Episcopal Church was hierarchical, the Episcopal Church diocese would control the local properties. The breakaways would have no claim to the historic diocese and/or its properties.
The Dennis Canon itself was not the issue today. The issue was whether the breakaway group had the legal right to take the diocese out of the TEC. The breakaway lawyer said they did have the right under state law. The church lawyer said they did not have the right because TEC was hierarchical. This was the position clearly taken by the Appeals Court under the principle of hierarchy. The ownership of the properties then is the collateral of the larger issue. The Appeals Court recognized the Episcopal Church diocese as the legal heir of the historic diocese. Since the corporation of the diocese was the holder of the properties and the Episcopal Church was hierarchical, the Episcopal Church diocese would control the local properties. The breakaways would have no claim to the historic diocese and/or its properties.
Now, the TX supreme court justices will have to decide whether to uphold or reverse the Appeals Court decision. The weight of the matter is on the side of the Appeals Court decision, and therefore the Church. The supreme court will have to find substantial errors in the Appeals Court opinion in order to change it. I did not hear much support for reversal in the hearing today.
