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Episcopalians will appeal, ask S.C. Supreme Court to hear massive case

Episcopalians will appeal, ask S.C. Supreme Court to hear massive case

By Jennifer Berry Hawes,
http://www.postandcourier.com/
March 24 2015

Local Episcopalians filed notice on Tuesday that they will appeal a circuit judge's order granting parishes that left the national church rights to the Diocese of South Carolina name, seal and more than $500 million in church properties -- and they want to go straight to the S.C. Supreme Court for a ruling.

The Episcopal Church and its local diocese filed the notice of appeal with the state Court of Appeals in Columbia. However, they also asked the S.C. Supreme Court to take up the case directly, bypassing the appellate court, given the magnitude of the case and to save time and church money.

If the justices agree, arguments likely wouldn't be heard until after the start of 2016. "Serious constitutional issues are involved," said Tom Tisdale, chancellor of The Episcopal Church in South Carolina, which comprises about 30 congregations across eastern South Carolina that chose to remain a part of the national Episcopal Church.

Circuit Judge Diane Goodstein last month refused to reconsider her ruling against the Episcopal bodies.

About two-thirds of parishes in the Diocese of South Carolina and Bishop Mark Lawrence left the national church in 2012 after years of bitter discord over everything from gay marriage and clergy to the nature of salvation to the hierarchical powers of the national church.

Several months later, they sued The Episcopal Church and its local parishes to keep the diocesan name, marks and individual parish properties. The move was necessary after the national church violated its own rules trying to remove Lawrence from his post and use the diocese's registered marks, said the Rev. Jim Lewis, the diocese's cannon to the ordinary.

"In the 80-plus cases of such litigation instigated by (The Episcopal Church) around the country, they have repeatedly challenged in court the constitutional freedom of parishes and dioceses to disassociate, as we have done," Lewis said.

Therefore, the notice of appeal "comes as no surprise," he added.

However, Tisdale said he has been -- and remains -- willing to discuss ways to settle the dispute fairly for both sides to avoid ongoing legal action, which has cost millions in church funds already.

"Any time they want to talk about settlement, we're open. We have been willing to discuss a compromise and settlement of all issues since day one," Tisdale said.

Tisdale pointed to a July 2013 hearing when attorneys for both sides first met with Goodstein to chart a course for the complex case. Henrietta Golding, an attorney for the Diocese of South Carolina, told Goodstein that she and her co-counsel "do not believe that mediation will serve any useful purpose in this action, and we would request that the scheduling order specifically state that mediation is not required. We think that would be a waste of resources that need to be devoted to other matters in this action," according to the court's transcript.

Tisdale responded in court that he disagreed, calling mediation "a positive possibility."

Now, with the case likely to drag on for many months longer, Tisdale told The Post and Courier that he remains open to discussions.

"We have been willing to negotiate and mediate in any forum that would effectively resolve the issues in this case from the first day until now," Tisdale said. "Just lay down the hatchet and put it on the ground."

After a three-week nonjury trial in summer 2014, Goodstein ruled strongly in favor of the breakaway parishes, saying they had the right to leave and take the Diocese of South Carolina name and their church properties with them. Those properties include some of Lowcountry's most historic colonial churches, such as St. Philip's and St. Michael's in Charleston and Old St. Andrew's Parish in West Ashley, as well as the beloved St. Christopher Camp and Conference Center on Seabrook Island.

However, a 180-page motion to reconsider took numerous legal issues with Goodstein's ruling, challenging her findings and conclusions. The motion argued the judge's ruling made incorrect statements, failed to consider relevant points of law and didn't fully address evidence.

Goodstein replied that the motion "raised no novel issues for the Court's consideration."

END

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