Judge: Breakaway
Church Belongs to Parish
By AP from the
NYTimes on the Web, August 16, 2005
SANTA ANA, Calif. -- A judge
has ruled that the Episcopal Diocese of Los Angeles cannot confiscate the
property of a congregation that has broken with the diocese and national
denomination to protest consecration of a gay bishop.
Orange County Superior Court Judge David C. Velasquez dismissed a lawsuit Monday
brought by the diocese against the dissident St. James Church in Newport Beach,
saying the parish's actions were protected by freedom of speech.
The significant ruling means that St. James retains legal possession of its
buildings, other property and financial records. Attorney Lawrence Ebiner
said the diocese hasn't decided whether to appeal.
The ruling comes at a point when Episcopal congregations in other states have
been leaving the denomination over the gay issue or are considering doing so.
Two other California Episcopal parishes -- All Saints' Church in Long Beach and
St. David's Church in North Hollywood -- are also challenging lawsuits the
diocese filed against them. Those cases will be heard next month.
Members of the three parishes voted last summer to leave the Episcopal Church
after the consecration of V. Gene Robinson, a gay bishop in New Hampshire who
lives with a partner. They placed themselves under jurisdiction of the
conservative Anglican Church in Uganda. The diocese then sued to retain
the churches' properties.
Los Angeles Bishop Jon Bruno was among the majority of U.S. Episcopal bishops
who voted to endorse Robinson's election as a bishop.
The Episcopal Church is the U.S. branch of the worldwide Anglican Communion.
''It is a great relief to the loyal members of our church to see this lawsuit
dismissed and know that the sanctuary and grounds where we gather every Sunday
will remain a safe harbor for us,'' the Rev. Praveen Bunyan said in a prepared
statement. ''The church will continue its ministry as it has since it was
founded.''
Last year, a unanimous state appeals court ruling granted property rights to St.
Luke's Community Church, which had quit the United Methodist Church because it
took no action to discipline clergy who conducted a union service for a same-sex
couple. The California Supreme Court declined the denomination's bid for a
review of that ruling.
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