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Court docket rejects US Episcopal Church’s try and preserve property of breakaway diocese

(Photograph: Unsplash/Andrew Seaman)

The Texas Supreme Court docket has as soon as once more rejected an effort by The Episcopal Church USA to safe the property and property of a diocese that broke away over theological variations.

For the previous a number of years, the Episcopal Diocese of Fort Price has been engaged in a authorized battle in opposition to the Episcopal Church over the property and property of the regional physique.

In an order released Tuesday, the state’s highest courtroom rejected a movement for Emergency Momentary Reduction, permitting an earlier ruling in opposition to the mainline Protestant denomination to be applied.

Because of this, The Episcopal Church has to give up all monetary accounts, property and information that it had faraway from the diocesan properties that previously had been a part of the denomination.

“In the present day’s rejection is the third loss for Episcopal Church events within the state Supreme Court docket and permits enforcement of the judgment to proceed,” noted the Fort Worth Diocese in a statement.

In 2008, a majority of the Fort Price Diocese voted to depart The Episcopal Church over the more and more progressive theological views of the denomination, particularly the ordination of the denomination’s first overtly homosexual bishop, the Rev. Gene Robinson.

Litigation over who rightfully owned the property and logos of the diocese ensued, with The Episcopal Church arguing that it rightfully held the properties and property by way of the Dennis Canon, a measure labeling all church properties as being held in belief for the good thing about the nationwide denomination.

In April 2018, the Fort Price Court docket of Appeals ruled in favor of the nationwide denomination, concluding that state legislation didn’t assure that the diocese might take their property with them when leaving the denomination.

“Particular person members of a parish might resolve to worship elsewhere; a majority of particular person members of a parish or diocese might resolve to take action. However once they go away, they’re not ‘Episcopalians’ as recognized by TEC; they grow to be one thing else. And that one thing else just isn’t entitled to retain property,” acknowledged the appeals courtroom ruling.

In Could 2020, nevertheless, the Texas Supreme Court docket ruled against the national denomination, arguing that the Dennis Canon didn’t apply to the breakaway diocese, given inside developments.

Justice Eva Guzman authored the opinion of the courtroom, concluding that adjustments made to the Diocese’s Structure and Canons in 1989 prevented the Dennis Canon from being utilized.

“Whereas it’s true, as TEC says, that the diocese’s organizational paperwork prohibited the adoption of canons inconsistent with the nationwide church’s structure and canons, revocation just isn’t inconsistent with a revocable belief,” wrote Guzman.

“Furthermore, within the twenty years between revocation and eruption of a dispute over the property, TEC lodged no objection to the amended canon and doesn’t now contend the 1989 modification is invalid for some other purpose than purported ‘inconsistency.'”

Courtesy of The Christian Post

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