Monday, April 20, 2020





20 APRIL 2020, NOTES



Greetings, blog reader, on this Monday, April 20, 2020. Life in the pandemic goes on. We have been on "quarantine" for over a month now. It seems to me that, for the first time, there is real optimism about the course of the plague here in America. The numbers of the last two days show an across-the-board decline in the rate of the spread of the disease. It is too soon to jump to any conclusions, but it is hard not to latch on to any glimmer of good news. We need it so badly. It looks to me as if there is a light at the end of the tunnel but we cannot tell yet whether it is daylight or an oncoming train. So, for now we have to keep feeling our way along the black walls inching ourselves toward the light ever hoping it is the end of our very long tunnel. 

The numbers of the past two days are encouraging even though the raw numbers are still horrifying. According to our usual source, Worldometer, there were 157,966 new cases in the world from Apr. 18 to 20. This is a 7% rise, down from the previous two days' 8%. There were 11,063 deaths in the world, Apr. 18-20, a 7% rise, down from 12%. In the United States, there were 53,993 new cases, an 8% climb, but down from 10% in the previous two days. As for U.S. deaths, 3,390 people died from Apr. 18 to 20, a rate of 9%. This is well below the previous two days' 30% jump. 

Rates are down in SC and AL too. In South Carolina, there were 291 new cases Apr. 18-20. This is a 7% rise, down from 12%. There were 4 more deaths in SC, for a total of 120, again a lessening rate. In Alabama, there were 331 new cases for a total of 4,903 and 9 more deaths for a total of 160. The rates of these declined as well.

To be sure, the numbers of cases and deaths are appalling. Over 40,000 Americans have died of the disease in less than two months. In the past week alone, 20,000 died. This is terrifying. Do not let anyone tell this this is just another form of the flu or that it is not so bad and will go away. The awful truth is staring us in the face. This is a uniquely bad plague. Thousands more people around the world will fall sick and die of the virus for a long time to come. By all accounts, it will be at least a year before we have a vaccine against it.

Yet, signs of slowing down may also, finally, be showing up. In New York, the governor says the state has "rounded the curve," meaning the rate of hospitalizations and deaths there is clearly declining. And, now some states are talking about "re-opening" the closed places. In Alabama, a state commission is recommending to the governor that she start re-opening places around the first of May, but with stipulations. For instance, restaurants will have to check temperatures of patrons at the door and move tables apart. Everyone agrees the re-opening should be done slowly and carefully so as not to spread the highly contagious virus even more.

Anyway, I see signs of hope. I see a light at the end of the tunnel. God help us if it is a train.



WHATEVER HAPPENED TO THE SCHISM
IN SOUTH CAROLINA?

We have not heard much lately about the Episcopal Church schism in South Carolina. It has been overshadowed by other events going on, namely the pandemic. It is still there, and even after seven and a half years unfortunately remains unresolved. 

The legal war is still going on even though the Episcopal Church has won in both state and federal courts where the big issues in contention have been settled. In the state court, the South Carolina Supreme Court decision of August 2, 2017, is still sitting on the desk of the circuit court judge, Edgar Dickson where it has been gathering dust for 27 months now. Of the three majority decisions in it, Dickson has implemented only the first, to recognize the independence of the seven parishes in question. He has ignored the other two, to recognize Episcopal Church ownership of the 29 parishes and of Camp St. Christopher. No one knows why the judge is sitting on the SCSC decision. Or, if they do, they are not talking. Church lawyers tried twice to get the SCSC to prod the judge on to implement the decision but the high court demurred. If and when Dickson will implement the second and third decisions is anyone's guess. 

We should recognize, however, that Judge Dickson turns seventy years old this year. Under state law, he must retire from the bench by Dec. 31, 2022, just 32 months from now. Since he has already dawdled away 27 months in this matter, it is not inconceivable he will simply do nothing on this case for another 32 months. He is holding an official Remittitur issued by the SCSC on Nov. 19, 2017, for its decision of Aug. 2, 2017. It is Judge Dickson's assigned task to implement the SCSC decision. However, apparently no one can force him to do his job. This state of limbo is not good for either side. It leaves the Church party angry and frustrated. It leaves the breakaways with the false sense of victory by default, a wall of bricks that will fall on them when the SCSC decision is inevitably implemented. The hard feelings between the two sides that will come of this drawn-out situation will be hard to heal, if that is even possible.

The federal court has been different. The U.S. district judge in Charleston, Richard Gergel, issued a clear and strong decision on Sept. 17, 2019 entirely in favor of the Episcopal Church. The entity of the historic diocese was awarded to the Church under the principle of hierarchy. When the schismatic side was slow to comply with the judge's injunction, Gergel issued another order demanding their obedience. He also denied a petition from the breakaway side for a stay pending an appeal. Likewise, the appeals court denied their request for a stay. Right now the two sides are preparing to appear before a panel of judges of the U.S. Fourth Circuit Court of Appeals, in Richmond. The breakaway side's lawyers are appealing Gergel's decision to the higher court. In my view, there is virtually no chance the appeals court will overturn Gergel's decision which is a masterpiece of thoughtful jurisprudence and all but appeal proof. When the schismatic side loses in Richmond, this should finish that part of the war of litigation. That will mean the Church side owns the pre-schism diocese and all the rights, assets, and properties of it.

Apparently there is not much change in the internal status of each of the two dioceses. The breakaways have not posted either their new budget or their latest membership statistics (for 2019). The last figures (2013-2018) showed relentless decline of about a third of communicants since the schism. Meanwhile, their clergy are still occupying 29 buildings that legally belong to the Episcopal Church and their bishop continues to inhabit the Episcopal diocesan bishop's residence. 

The Episcopal diocese is without a seated bishop now. The standing committee is in the process of searching for a new diocesan bishop rather than installing another provisional bishop. The original plan was to have the diocesan convention elect a new bishop at the annual meeting in November. I do not know the present status of the search for a new bishop.

So, in the litigation we are waiting on two things to happen. In the first, the federal appeals court is likely to hold a hearing on the breakaways' appeal of Gergel's decision within a few months. The last two hearings were live-streamed by audio; I assume the next will be as well. I will keep you posted about this. The other thing we are waiting on is for Judge Dickson to implement the second and third majority decisions in the SCSC opinion of Aug. 2, 2017. As I said, when this will happen, if it ever does happen, is anyone's guess. The SCSC orders will eventually be implemented whether by Dickson or not.

So, after seven and a half years we are excruciatingly close to a resolution that seems maddeningly elusive. Who would have predicting this all those years ago when the schismatic leaders insisted the diocese had to leave the Episcopal Church to keep gays and women from having equality and inclusion in the life of the church? And, whatever happened to the issue of human rights anyway? It seems positively quaint now looking back as if it is barely relevant any more. Seven and a half years of schism and legal war just to keep some of God's children from having the same rights, dignity, and respect as others. What a waste. What a shame.

Finally, remember, friends, we are here for the living of this hour, as hard as this is. Peace.