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CENTRAL FLORIDA: Diocese Tries to Keep Church's Property

Diocese tries to keep church's property

An Episcopal congregation leaving the church is being sued in the dispute.

By Mark I. Pinsky | Sentinel Staff Writer
Posted February 20, 2004

The Episcopal Diocese of Central Florida has filed suit to keep a Winter
Springs church from leaving the denomination -- and taking its property with
it -- over the confirmation of an openly gay man as a bishop.

Members of the governing board of the Episcopal Church of the New Covenant
voted Jan. 18 to leave the denomination.

"Our vestry does not feel at this point that we can remain underneath the
authority of an organization that we feel has departed from the historical
Christian faith and order," said Scott Culp, secretary to the church's
governing board.

Since August, when the 2.3-million member Episcopal Church, USA, held its
national convention in Minneapolis, the denomination has been in turmoil. In
addition to confirming the Rev. Gene Robinson as bishop of New Hampshire,
the general convention voted to permit parishes to continue blessing
same-sex unions.

New Covenant is the second congregation to leave the Central Florida diocese
in less than a month, but the first to try to keep its property.

In January, nearly 300 members of St. John's Episcopal Church in Melbourne
voted to abandon their old property and establish a new congregation, Prince
of Peace Anglican Church, in Satellite Beach. More than 100 worshipers have
remained with the Melbourne church.

Unlike the group that left St. John's, which affiliated with the Anglican
Mission in America, New Covenant has not yet decided where it will go after
leaving the Episcopal Church, USA.

The legal action filed Wednesday in Seminole County Circuit Court seeks to
keep the Winter Springs congregation from transferring title of its property
to a new corporation that is not affiliated with the Episcopal Church.The
diocese argued in its filing that such a transfer would jeopardize the
interests of congregants who wish to remain part of the Diocese of Central
Florida.

"It's clearly established that a parish cannot take property with them,"
said Joe Thoma, a spokesman for the diocese. "That's in the canons."

At the same time, Thoma did not rule out an eventual settlement between the
congregation and the diocese. "We're not taking any kind of confrontational
stance," Thoma said.

Culp agreed, saying members of the congregation still held out hope for an
amicable settlement with the diocese, one that would enable the congregation
to keep its property.

Bishop John Howe and Council Wooten Jr., the diocese's attorney, met earlier
this month with congregational leaders to try to work out a settlement. Howe
has been outspoken in opposing the Robinson confirmation and the blessing of
same-sex unions.

"We respect Bishop Howe and his positions, and we recognize that his beliefs
are consistent with ours," Culp said. "We desired to negotiate with the
diocese for an amicable settlement that will allow us to come out from under
the authority of the Episcopal Church, USA."

Culp said the diocese purchased the property on Tuskawilla Road in the late
1970s for $37,500, and deeded it to the new congregation. Since then, he
said, members have spent $2 million for construction. There is no debt on
the property, Culp said.

The departure of New Covenant is the latest example of "a denomination in
chaos," said the Rev. Kendall Harmon, a leader of a conservative network
within the Episcopal Church. Since the August general convention, Harmon
said, five to 10 congregations in the nation have left the denomination, and
at least one other church has initiated legal action.

Harmon attributed the departures to frustration over the church's
"theological deterioration."

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