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Traditionalist Episcopalians win 1 in court - by Les Kinsolving

Traditionalist Episcopalians win 1 in court

by Les Kinsolving

September 10, 2005

"California courts are not bound by canon (church) law," ruled Superior Court Judge David Velasquez in a case that could have enormous significance in the homosexually embattled 2.2 million-member Episcopal Church.

Judge Velasquez rejected the claim of the Episcopal Diocese of Los Angeles that it is the real owner of the multimillion-dollar property of St. James Church in Newport Beach.

"No evidence has been presented that a trust over parish property has ever been created under statutory law," ruled the judge, who went on to note:

"St. James was exercising its free-speech rights when it broke with the diocese, issued a news release declaring its estrangement and amended its articles of incorporation to write out any references to the diocese.

"Such acts arise out of and are in furtherance of the (St. James') exercise of the right to speak on a matter of public interest," the judge wrote. "The views expressed by the defendants concern matters of public interest. How churches in America are reacting to the different viewpoints of homosexuality is currently a topic of much public significance."

This case - and the case of two more Episcopal parishes that have seceded from the Los Angeles diocese - could have enormous national significance in the embattled and membership-shrinking denomination.

The idea that local Episcopal congregations that have paid almost all of the cost of church building - as well as paying years of large contributions (assessments) to the diocese - should lose all of their property if they disagree with the acceptance and promotion of sodomist clergy is surely a violation of the First Amendment's promise of both freedom of religion and freedom of speech.

But the Episcopal bishop of the six-county Diocese of Los Angeles, the Rt. Rev. J. Jon Bruno, said he will appeal this court decision, which his diocesan chancellor (chief legal officer) John Shiner called "a grave error."

This court decision, if upheld on appeal, could have an effect all over the United States where there are numerous parishes in dispute with dioceses, primarily on the issue of the Diocese of New Hampshire's openly homosexual bishop who resides with his male lover.

The Rev. Canon David Anderson, president of the Atlanta-headquartered American-Anglican Council, told the Los Angeles Times:

"I think the verdict is a momentous verdict across the U.S. It gives great encouragement to Episcopalians and people of other Christian denominations that hold to the fact that the local congregation that buys the property and buildings does, in fact, own their property."

The rector of St. James Church, the Rev. Praveen Bunyan, said, "Freedom of speech and freedom of religion in this country is still upheld, and we just rejoice in that."

When told that Bishop Bruno is appealing, Father Bunyan said:

"I don't know if I should be surprised, seeing the way they have continued to cause us pain. I would wish the Episcopal Church would say, 'All right ... We want to be about God's mission and be about God's work.'"

St. James' attorney, Eric Sohlgren, charged that the diocese of Los Angeles "tried to intimidate this church and take away its property so the members would have no place to worship."

But diocesan attorney Shiner contended the issue was not free speech, but who owns the parishes' property: "When (St. James) became part of the diocese, they committed themselves, both orally and in writing to abide by the canons of the church, both national and local."

And Bishop Bruno added: "We have never disputed that members of the departing congregations are free to worship how they wish and with whom."

But - the Bishop did not add: "We will take all your local property if you do not agree with our recent acceptance of sodomy."

That's the issue Judge Velasquez ruled in support of St. James - and will rule on in two more Diocese of Los Angeles parishes that also seceded: All Saints in Long Beach and St. David's in North Hollywood.

And this legal precedent could carry nationwide - leading to massive parochial defections from the already shrinking Episcopal Church.

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=46253 Les

--Lester Kinsolving hosts a daily talk show for WCBM in Baltimore. His radio commentaries are syndicated nationally. He is White House correspondent for Talk Radio Network and WorldNetDaily. Kinsolving was a newspaper reporter and columnist - twice nominated for the Pulitzer Prize for his commentary. He is an Episcopalian.

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