Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Wednesday, October 08, 2008

Diocese of Western New York: Another one gone

From Bishop Michael Garrison and the Episcopal Diocese of Western New York, trying to put the best possible spin on the news that the rector and a large part of the congregation of St. Bartholomew's Church are leaving (but, hey, the diocese keeps the property, so "All is Well" although it seems as though Bishop Garrison is seeking an amicable parting, much to his credit) [boldface mine]:

On Tuesday, October 7, 2008, the Rt. Rev. J. Michael Garrison, Bishop of the Episcopal Diocese of Western New York, met with the Rev. Arthur Ward, rector of St. Bartholomew’s Episcopal Church. During that meeting, Ward informed Bishop Garrison of his desire to disaffiliate himself from the Diocese of Western New York, and to transfer from the jurisdiction of The Episcopal Church to a different Anglican entity.

He also declared that other clergy affiliated with St. Bartholomew’s and some portion of the congregation also intend to leave the Episcopal Church. Ward and others who share his convictions plan to vacate the property at Brighton and Fries Roads before the end of this year.

People may come and go, but St. Bartholomew’s Episcopal Church in Tonawanda will continue,” state Bishop Garrison. “We are ready and able to carry on with worship, pastoral care and administration. We stand ready to support and work with continuing Episcopalians who have been a part of St. Bartholomew’s, as well as those who have felt disenfranchised by the position of its leadership.

“It is my intention that Fr. Ward’s departure be handled as sensibly and amicably as possible. He has indicated to me that the time has come for him to seek to continue his priesthood in a different branch of Anglicanism. I respect his right to follow his personal conscience in this matter.”

Episcopalians from the congregation of St. Bartholomew’s who have any pastoral needs and those who wish to learn about the continuing worship schedule at St. Bartholomew’s Episcopal Church are encouraged to contact the diocesan office. . .

H/t to the Lead.

Virginia Episcopal church joins land dispute: Diocese will cite 1746 deeds

So sad to see.

When I first moved to D.C. after college, I attended Christ Church (actually taught Sunday School there) for several years. I guess it's ironic that when my husband and I became engaged and wanted to get married in my home church in Charleston, the rector there said that would be fine, as long as we did our pre-marital counseling at The Falls Church with John Yates - who knew that according to the Diocese of Virginia, we were still on Christ Church land??

From the Washington Times [boldface mine]:

Christ Episcopal Church of Alexandria, one of the most venerable parishes in the Diocese of Virginia, has joined a historic lawsuit against several Northern Virginia parishes attempting to leave the denomination.

Members of the 235-year-old parish were informed Sunday at a parish meeting that the diocese will represent them in the largest property dispute in Episcopal Church history, taking place at the Fairfax County Courthouse. The multi-trial case will resume Oct. 14.

Circuit Court Judge Randy I. Bellows has dealt three consecutive defeats to the diocese and the denomination in their battle to retain millions of dollars of property held by 11 churches that fled over issues of biblical authority and the 2003 election of the openly gay Bishop V. Gene Robinson of New Hampshire.

The diocese will cite 18th-century cases to argue that the Falls Church, a 276-year-old congregation that is the oldest of the departing parishes, cannot lay claim to its property on 5.5 acres in the city of Falls Church. Attorneys have produced two 18th-century land deeds that say Christ Church possesses the property.

The deeds, dated March 19 and 20, 1746, say the land was owned by "Truro parish," the designation for Colonial churches in Pohick, Alexandria and Falls Church. The diocese unearthed two U.S. Supreme Court decisions in 1815 and 1824 saying that Christ Church, founded in 1773, is the successor to Truro parish and that the Falls Church was a ward of the Alexandria congregation.

The diocese's attorneys say they can prove that Christ Church still owns about 2 acres of what the Falls Church occupies. That part of the property includes the "historic" Falls Church - a brick building completed in 1769.

In order to argue this case in court, the diocese needed Christ Church's permission to act as its proxy. Although the diocese notified opposition attorneys on Sept. 5 that it would represent Christ Church, it was not until Sept. 22 that the vestry, or governing board, was told of the matter. The vestry approved it Sept. 24.

Parishioners were not so accommodating. On Sunday, some worried that Christ Church's involvement - however distant - in a lawsuit could make its finances precarious. The church has a $135,000 deficit, and only 507 of its 2,459 members - or one-fifth - actually give.

"There were quite a few people who were stunned and said, 'We don't need this,' " said one former vestry member who asked to remain anonymous. "[Parish leaders] didn't give it much time.". . .

Read it all.
H/t to Stand Firm.

Tuesday, October 07, 2008

California Supreme Court church property cases oral arguments to stream live

Today and tomorrow the California Supreme Court will finally hear the litigation between Bishop Bruno and the Episcopal Diocese of Los Angeles and the Anglican churches in the area who left the diocese and kept their property. Will the Court follow the precedent of "neutral principles" or not?

For more background on this, watch my interview with Eric Sohlgren, attorney for St. James Newport Beach and others on AnglicanTV.

A run-down of all the documents pertaining to the case:

S155094
Episcopal Church Cases


Expanded background summary (PDF, 9 KB)
Case information, including Supreme Court docket entries
Court of Appeal opinion (PDF)
Petition for review (PDF, 4,368 KB)
Answer to petition for review (PDF, 622 KB)
Reply to answer to petition for review (PDF, 676 KB)
Bunyan et al. brief (PDF, 2,186 KB)
Episcopal Church's brief (PDF, 2,052 KB)
Bunyan et al. reply brief (PDF, 1,763 KB)
Amicus curiae brief (Charismatic Episcopal Church) (PDF, 745 KB)
Amicus curiae brief (Diocese of San Joaquin) (PDF, 1,389 KB)
Amicus curiae brief (Holy Apostolic Catholic Assyrian Church) (PDF, 2,067 KB)
Amicus curiae brief (Iglesia Evangelica Latina) (PDF, 1,496 KB)
Amicus curiae brief (Kirkpatrick) (PDF, 1,174 KB)
Amicus curiae brief (Lee) (PDF, 1,292 KB)
Amicus curiae brief (Poch) (PDF, 1,885 KB)
Amicus curiae brief (Presbyterian Lay Committee) (PDF, 2,063 KB)
Amicus curiae brief (Presbytery of Hanmi) (PDF, 2,035 KB)
Bunyan et al.'s response to amicus curiae briefs (PDF, 2,046 KB)
Episcopal Church's response to amicus curiae briefs (PDF, 1,818 KB)
Answer brief to amicus curiae briefs (PDF, 2,302 KB)

And here's the live-streaming info from SanDiegoAnglicans:

Event Date: 10/07/2008 9:00am - 10/08/2008 5:00pm

Event Address: (updated: there seems to be conflicting information on the sites referenced below about whether this is being covered by streaming video or not. It does look like it will be carried on Cox Cable Public Access, which is channel 23 in southern areas).

Watch streaming video of this week's California Supreme Court oral arguments.

http://www.calchannel.com/
http://www.courtinfo.ca.gov/courts/supreme/riv-oralarg.htm

Check it out.

Monday, October 06, 2008

BabyBlue: Upcoming timeline

From BabyBlue Online, a list of upcoming events:

October 8 - TEC/Diocese of Los Angeles vs Anglican Congregations (Appeal before the California Supreme Court)

October 14 - TEC/Diocese of Virginia vs CANA, Virginia (significantly scaled-down to focus on whether the VA Division Statute also applies to three smaller properties)

Oct. 20-23 - TEC Executive Council, Helena, Montana

Oct. 21-22 - Anglican Awakening - Akron, Ohio

Nov. 4 - Election Day, USANov. 7 - Diocese of Pittsburgh Special Convention - Pittsburgh, PA

Nov. 7-8 - Diocese of Quincy Annual Synod, Quincy, Illinois

Nov. 13-15 - Anglican Awakening, Amesbury, MA

Nov. 14-15 - Diocese of Ft. Worth Convention, Bedford, Texas

Dec. 1-3 - Common Cause Partnership Council

Dec. 15-19 - Windsor Continuation Group Meeting, Mustang Island, Texas

Jan/Feb 2009 - Anglican Primates Meeting, Bahamas

Check it out.

Wednesday, October 01, 2008

TEC cheatsheet on Bishop Duncan of Pittsburgh

Did you know that our very own Bishop Mathes here in San Diego is on this task force, the House of Bishops Task Force on Property Disputes (as he continues to sue several churches here who are unable to continue in heresy)?

And remind me again why a task force on property disputes is commenting on an issue of "abandonment of communion"??? Huumm???

So when they try to tell you the action against Bishop Duncan of Pittsburgh has nothing to do with holding on to the property or keeping the money, just remind them that their own Task Force on Property Disputes is issuing info on Bishop Duncan's deposition - not exactly in their purview.

Questions and Answers about matters involving the Bishop of Pittsburgh

Meeting of the House of Bishops, September 2008

Q: Why is the House of Bishops contemplating action against Bishop Robert Duncan of Pittsburgh?

A: At its meeting Sept. 17-19, the House of Bishop will be considering the report from its Title IV Review Committee, which certified in December 2007 that Bishop Robert Duncan had "abandoned the communion of this church," primarily because he has been involved with actions and decisions to remove the Diocese of Pittsburgh from The Episcopal Church and affiliate it with the Province of the Southern Cone. Under the provisions of Canon IV.9, this certification goes to the House of Bishops for it to consider whether or not to depose Bishop Duncan.

The House of Bishops' Task Force on Property Disputes, through its work to protect property assets within The Episcopal Church, also has concluded that Bishop Duncan openly renounced the discipline of The Episcopal Church, which constitutes abandonment of the communion of this church and requires his removal from ordained ministry, or deposition.

Q: What does "abandonment of communion" mean?

A: The Canons of The Episcopal Church define abandonment as "...an open renunciation of the Doctrine, Discipline, or Worship of this Church ..." (Title IV, Canon 10, Sec. 1)

Q: What kind of things has Bishop Duncan done to constitute this "open renunciation"?

A: Bishop Duncan has actively worked to remove the Diocese of Pittsburgh from the authority of The Episcopal Church. (see House of Bishop’s Property Task Force Memo. "Evidence of Abandonment by Bishop Duncan") He has supported and encouraged the diocesan convention to change its constitution to accomplish this. He also has sought out affiliation with the Province of the Southern Cone, located in South America. All these actions point to his open and conscious renunciation of the authority of The Episcopal Church for him personally and, he hopes, for the entire diocese under his care.

Furthermore, he has used assets of the Episcopal Diocese of Pittsburgh to accomplish this goal, and he has stated that he does not now, nor will he, have any obligation to protect the assets of the Diocese of Pittsburgh for the use of The Episcopal Church.

Q: What has caused this rift between The Episcopal Church and Bishop Duncan?

A: This case is about Bishop Duncan's actions, not about his beliefs. For years Bishop Duncan has been a leading spokesman for conservative theological positions. But there are a wide range of theological convictions within The Episcopal Church, and there is room for all those within the church. The issue here is that he has renounced the authority of The Episcopal Church over him and seeks to have his diocese adopt the same policy through a vote of its convention.

Q: The final vote by the Pittsburgh Diocesan Convention to split from The Episcopal Church doesn't take place until October 4. Why not wait until after then?

A: While the House fervently hopes that the Pittsburgh convention may yet decide not to vote to sever ties with The Episcopal Church, action involving Bishop Duncan is not tied to a vote on that date. Any action by voters in the Diocese of Pittsburg does not lessen the culpability of Bishop Duncan, since he is encouraging his diocese's departure from The Episcopal Church and is actively working to that effect. Whether or not delegates to the Pittsburgh convention vote to follow Bishop Duncan's abandonment of The Episcopal Church is one thing. That Bishop Duncan already has abandoned The Episcopal Church through an open renunciation and repudiation of its discipline is another, and already is well established.

Also, should the House wait until after October 4 to consider action against Bishop Duncan, the matter normally would not come up again until the spring meeting of the House in March, 2009. People in the Diocese of Pittsburgh, both supporters and opponents of Bishop Duncan's theology, have said that waiting until then to finalize the matter would leave the diocese in far too long a period of limbo to be sustainable. Acting before October 4 also would have significantly positive effects in protecting the assets of the Diocese of Pittsburgh for use by Episcopalians.

Additionally, because the Title IV Review Committee has certified that Bishop Duncan has abandoned the communion of this church, the canons call for consideration of such matters at the next meeting of the House after such a certification.

Q: Is this action just about trying to keep property in The Episcopal Church?

A: This matter, at its root, is about maintaining accountability for one's actions as a bishop within The Episcopal Church. However, there are a complex set of pastoral imperatives involved as well. As Bishop of Pittsburgh, Bishop Duncan controls millions of dollars in assets within the diocese. In a hierarchical institution like The Episcopal Church, canon law vests ultimate ownership of parish property with dioceses, and diocesan property with the wider Episcopal Church. Property is owned not for the benefit of individuals but of the church as a whole.

We are sacramental people who believe in the importance of "outward and visible signs." What happens to the sacred spaces in Pittsburgh matters a great deal to the many faithful members there who want to remain in The Episcopal Church and who have worked hard and given sacrificially to support these facilities. It is the obligation of The Episcopal Church to make certain that property intended for use by Episcopalians is available to future generations of Episcopalians for worship and for mission.

The House of Bishops Task Force on Property Disputes
The Right Reverend Stacy Sauls, Bishop of Lexington, Chair
The Right Reverend Jon Bruno, Bishop of Los Angeles
The Right Reverend Mark Hollingsworth, Bishop of Ohio
The Right Reverend John Howard, Bishop of Florida
The Right Reverend William Persell, retired Bishop of Chicago
The Right Reverend Dean Wolfe, Bishop of Kansas
The Right Reverend Mark Andrus, Bishop of California
The Right Reverend Philip Duncan, Bishop of Central Gulf Coast
The Right Reverend James Mathes, Bishop of San Diego

Read it all, and head over to Stand Firm to get a good break-down of the erroneous points in this Q&A.
H/t to Stand Firm.

Monday, September 29, 2008

Burnt toast: Two observations on the recent HOB meeting

ECUSA: burnt toast
One observation from a layman and one from a bishop, both arriving at basically the same conclusion - the Episcopal Church as we knew it is toast, and burnt toast at that.

From Captain Yips [boldface mine]:

. . . And revulsion over the descent of what’s left of The Episcopal Church into mere lawless chaos. With the contrived and illicit expulsion of the Bishop of Pittsburgh, the House of Bishops, the same House that tolerates the manifold inanities of John Spong, that couldn’t bring itself to bring James Pike to account, has declared its absolute irrelevance - to anything. How the vote was contrived and excused is not terrifically important. With it, the EpiscoLeft has declared that the revolution must go forward.

I am, happily, out of TEC and won’t return. The fight in the Diocese of Chicago was lost a long time ago, probably when I was in my 20s, and when we didn’t know there was a fight on anyway. . .

Read it all.

And from Bishop Mark Lawrence of the Diocese of South Carolina [boldface mine]:
. . . Once again within a few months the landscape of The Episcopal Church and the Anglican Communion has changed—as if Gafcon and Lambeth were not enough. What does this deposition mean? Frankly, it is still unfolding, but I offer the following reflections:

The House of Bishops whether intentionally or not has enhanced the power of the Presiding Bishop. With consequences far beyond the deposition of The Rt. Reverend Robert Duncan, this vote by interpretation and application of Title IV.9, has established invasive reach for the PB. It is now possible for a sitting bishop of TEC to be deposed without prior inhibition or trial, rendering superfluous the role of the three Senior Bishops of the House. Beyond this is the quizzical ruling that it takes more votes from the House to receive the resignation of a retiring bishop then to depose a sitting one! Then there is the curious fact that it takes a two-thirds vote of the house to overturn a ruling of the chair, thus when combined with rendering moot the role of the senior bishops and the plain reference to a needed “majority of the whole house entitled to vote” in Title IV.9—there is enhanced power to the PB regardless of who may hold the chair, now or in the future. A development mercurial indeed, when one considers the PB and House of Bishops have repeatedly declined the authority to speak on behalf of The Episcopal Church when queried for commitments by the Communion’s Instruments of Unity; deferring instead to the authority of General Convention. . .

All of this leads me to believe that the challenges that lie before a predominately conservative diocese like South Carolina have now been enormously increased if only because of the perception of our parishioners and clergy—but, more pertinently from what I fear is a failure of the present House of Bishops to realize just how far from historic Christianity our church has drifted. To many of our minds this, far more than Pittsburgh’s present challenge to TEC’s discipline and polity, is what has led to this current crisis. Beyond this the checks and balances previously given to us in the Constitution & Canons seem profoundly weakened. Phrases long understood as clear apparently can be spoken of as ambiguous. If what appears to be the plain meaning of a canon can be dismissed with apparent ease and with no recourse; if the request from such a monumental gathering as Lambeth 2008 urging greater dialogue and forthright conversation within the body of Christ seems to count for so little here in the first action of the House—even after so many TEC bishops report being profoundly moved by the grace exhibited toward us from those provinces grieved and hindered by our prior actions; and when there seems to be so little recognition that it has been the very actions of our General Convention and HOB in recent years that has so alienated dioceses like San Joaquin, Pittsburgh and others that their laity and clergy vote in such large majorities to remove accession clauses—judicious governance and Christian unity will drain like water from an opened hand. One might have wished for a more generous spirit and greater patience toward our own aggrieved members. Indeed one has to wonder where such tone deafness and purblindness come from. . .

Read it all.
H/t to TitusOneNine.

Monday, September 22, 2008

A comment on the letter to Bishop Duncan from +KJS

From Stand Firm, mousestalker makes a perspicacious comment in reference to the letter sent to Bishop Duncan of Pittsburgh by Katharine Jefferts Schori [boldface mine]:

. . . A minor point, but does no one at 815 know how to write a letter anymore. When you’re being all chummy and collegial you get to use first names.

Example:

Right Reverend Frank Enbeans
Bishop of Bray, Bray City USA

Dear Frank,

It was swell seeing you at the auto de fa. I hope you can make the one in the spring. Best to Fanny and the kids,

Your sister in christ,

Katherine

For something formal, like a deposition, you write formally:

Right Reverend Robert Duncan
Bishop of Pittsburgh,

Dear Bishop Duncan,

It is my duty to inform you that the House of Bishops has deposed you. Your seat is therefore vacant and all honours, rights and privileges that formerly adhered to you are removed. Enclosed please find copies of documents showing the same.

Sincerely,

Katherine Jefferts Schori,
Presiding Bishop and Primate

End of letter writing lesson.

This is not a friendly letter. It cannot possibly be well meant. Don’t imply that it is. The Episcopal Church, as a church, has always been dodgy with its theology. I wish that were not so, but it is. What the Episcopal Church has always had until recently is manners.

The current leadership of the Episcopal Church, not just the ‘presiding bishop and primate’ but top to bottom are crass. What we have is a church being led by a bunch of louts in mitres. Ill bred, poorly educated, bad mannered thugs who have no idea of how to behave, no idea of how to treat people and no idea of the basics of human civilization.


The Presiding Bishop is the poster child for the principle that while most women have better manners than men, that is not true of all women. I doubt that teaching the episcopate proper theology would do any good. . .

Read it all. And I'm afraid mousestalker is exactly right - there is such a disconnect on how to behave, but maybe this is what we should expect as part of God's judgment on the Episcopal Church - a church that has always prided itself on doing the proper thing, or at least doing the thing properly. Now, even that veneer is gone.

Diocese of Virginia forgoes voting issue, prepares for appeal

From the Diocese of Virginia [boldface mine]:

The Episcopal Diocese of Virginia announced today that the trial scheduled to begin October 6 will focus solely on the issue of which properties occupied by the CANA congregations are actually subject to their 57-9 petitions.

Though loyal Episcopalians have expressed grave concerns about the validity and fairness of the voting procedures used by the CANA congregations, the Diocese will forgo judicial review of that process to focus on those issues that will most effectively and quickly return Episcopalians to their church homes and result in the overturning of the 57-9 "Division Statute."

The Diocese is preparing to mount a vigorous appeal that addresses the serious legal and religious questions and implications that have arisen from this unfortunate situation. The Diocese will explore fully every option available to restore constitutional and legal protections for all churches in Virginia.

In a trial beginning on October 6, the Court will examine precisely which property is subject to the Division Statute petitions filed by CANA congregations. The Court will determine several issues either before or during trial, including whether the congregation attempting to take the property actually owns the property they seek under its 57-9 petition, whether deed restrictions require the property to remain with the Episcopal Church, and, in one instance, whether a last-minute transfer of property was valid. Once these issues are decided, the Diocese will appeal the Court's rulings on the applicability and validity of the Division Statute.

"In the Episcopal Church, congregations exist because they are in communion with the bishop of a diocese, through recognition by diocesan governing bodies," said the Rt. Rev. Peter James Lee, Bishop of Virginia. "They cannot unilaterally disestablish themselves or remove themselves from a diocese, and take Episcopal property with them, using the secular court system to validate their actions."

The Diocese is steadfast in its goal of returning faithful Episcopalians to their church homes and restoring the full and time-honored protections of the First Amendment and the Virginia Constitution for religious freedom.

"The court proceedings of the past several months have shown that the Division Statute, which exists only in Virginia, is uniquely hostile to religious freedom and our faith. We are resolute in our commitment to pursue every avenue in seeking the return of Episcopalians who have been exiled from their church homes," said Bishop Lee.

The Diocese again noted the regrettable necessity of these proceedings. "While we have hoped that the CANA congregations would propose a reasonable alternative to litigation," said Henry D.W. Burt, Secretary of the Diocese, "the Church must vigorously protect the legacy of those faithful generations who have gone before for those who will follow."

Check it out.
H/t to Stand Firm.

Friday, September 19, 2008

Commentary on the HOB: The day the music died. . .

From Hills of the North:

. . . That said, for all intents and purposes the Episcopal Church as a church died yesterday. In purporting to depose Bishop Robert Duncan, two-thirds of those bishops who attended the House of Bishops meeting did something so blatantly and brazenly unlawful under the canons and so patently violative of Robert's Rules that they in effect announced that within our church words and laws and truth no longer matter. All that matters is power. Not the power of the Gospel, mind you--but raw human secular power, exercised for political purposes. Those bishops who voted to depose (and the one cowardly Judas who changed his vote after being sure it wasn't needed to destroy his brother bishop) openly and proudly embraced what was a lie--that there had been abandonment of Communion--and did so by embracing transparent lies about what the canons and parliamentary procedure actually said. Those charged to guard the truth yesterday gleefully showed their fealty to the very opposite. . .

Years from now, this action by the House of Bishops may well prove to have been a tipping point for the Episcopal Church. There are many for whom this will be the final straw, not because they have any association or necessarily even agreement with Bishop Duncan, but because it reveals what a corrupt organization they find themselves a part of. Others will realize that they cannot any longer do business with (and certainly not follow) those for whom words are meaningless, law is nothing more than an instrument of power, and truth is nonexistent. And still others will leave weary of the fight, and yearning for spiritual refreshment they cannot get from what is now indisputably a secular organization (and actually something less than most secular organizations, since few could abide such dishonesty in their leaders). In short, the exodus of the orthodox will continue and likely accelerate. This is likely exactly what the Presiding Bishop and her minions want, as they undoubtedly believe that if all the retrograde evangelicals and Anglo-Catholics would just go away, there's no limit to the greatness a progressive Episcopal Church can achieve. The evidence, of course, has been quite to the contrary, but perhaps the accelerating membership loss will help put the lie to this fantasy. . .

Finally, it's worth considering what difference yesterday's events will have in an average Episcopal Church, ones such as our two parishes here. I think it's plain enough that there will be little if any effect in the short run. The chances that even a half-dozen parishioners knew the House of Bishops was meeting is pretty small, and fewer still probably have any idea who Robert Duncan is. What happened doesn't affect the work the altar guild has to do, or the music the choir is rehearsing. It doesn't affect a parish's social outreach. It doesn't change the liturgy (yet), or alter the service times. Certainly it won't occasion the interest of reorienting the furnishings in the church, or getting a new stained glass window. If the Presiding Bishop is betting on the ignorance or nonchalance of the average pew dweller, she is making a pretty sure bet.

That's not to say there won't be an effect eventually, and a pretty potent one. The average age of those in Episcopal Church pews is high and increasing, and it's not as if the average Episcopal Church is full of children and young people and young families. There's a reason churches all around ours are opening and growing, and ours are at best in a steady state, despite population growth. And the trajectory to which the larger Episcopal Church is now committed is not one that is likely to spur growth or giving. In time that will affect the average parish church, and the average parish church here. And some years from now when we wonder why our numbers are down, and why people aren't pledging, and why no new families are joining, and how this all happened, we will be able to point to the House of Bishops meeting of September 18, 2008, as the day our church, as a church, died.

Read it all.
H/t to Stand Firm.

Statements on Bishop Robert Duncan — updated

For the most comprehensive round-up on the HOB actions against Bishop Robert Duncan of Pittsburgh and world-wide reaction to those actions, check out TitusOneNine!

British ethicist: Senile should be “put down”

From Ed Morrissey at HotAir [boldface mine]:

In yet another revealing moment for nationalized health care, a highly respected British ethicist said that dementia sufferers should get euthanized in order to preserve resources for healthier people. Baroness Warnock, described as “Britain’s leading moral philosopher”, said that the government should license people to be “put down” and stop being a drain on society:
The veteran Government adviser said pensioners in mental decline are “wasting people’s lives” because of the care they require and should be allowed to opt for euthanasia even if they are not in pain.

She insisted there was “nothing wrong” with people being helped to die for the sake of their loved ones or society.

The 84-year-old added that she hoped people will soon be “licensed to put others down” if they are unable to look after themselves. …

Lady Warnock said: “If you’re demented, you’re wasting people’s lives – your family’s lives – and you’re wasting the resources of the National Health Service.

“I’m absolutely, fully in agreement with the argument that if pain is insufferable, then someone should be given help to die, but I feel there’s a wider argument that if somebody absolutely, desperately wants to die because they’re a burden to their family, or the state, then I think they too should be allowed to die.

“Actually I’ve just written an article called ‘A Duty to Die?’ for a Norwegian periodical. I wrote it really suggesting that there’s nothing wrong with feeling you ought to do so for the sake of others as well as yourself.

Shocking? It shouldn’t be. When the State has the burden of providing “free” medical care, that care will get rationed in ways that are, unfortunately, all too predictable. Human life stops being sacred and instead becomes a commodity with a balance sheet. If bureaucrats decide that a particular life, or a class of life, has become a net negative, then eventually they will find ways to eliminate the liability.

Totalitarian governments have always worked this way; the shock comes from the same impulse occuring in supposedly enlightened democracies. We’re seeing a new kind of government these nanny states, though — a democratic totalitarianism that makes all of the choices for its subjects after they willingly give the bureaucracy the power of life and death over them. It’s a voluntary totalitarianism, and it starts by assigning government the role of caretaker from cradle to grave, the latter point coming at their choosing.

Western civilization built itself on the sanctity of human life and the rights of the individual. It doesn’t take much for Westerners to give up that birthright. The only incentive for voluntary slavery appears to be low-cost prescriptions and catastrophic hospital coverage. Once we buy into that system, all manner of personal choices get removed: the foods you can eat, the beverages you can drink, your pastimes, and apparently your right not to be murdered just to clear a hospital bed. . .

Read it all.

Thursday, September 18, 2008

AnglicanTV: Interview with Bishop Robert Duncan of Pittsburgh

From Kevin at AnglicanTV, an interview with Bishop Robert Duncan of the Diocese of Pittsburgh:

You are welcome to embed this in your blog/website. However, you must credit AnglicanTV with a hyperlink.

Wednesday, September 17, 2008

Did I mention that I've left the Episcopal Church. . .

And this is one reason why:

“Today’s decision was difficult and emotional but a necessary action to care for the order of the Church, the people of the Episcopal Diocese of Pittsburgh, and the collegiality of the House of Bishops.”

Bishop James Mathes of San Diego commenting on today's uncanonical and despicable action by the Episcopal House of Bishops, meeting this week.

Saturday, September 13, 2008

The Chief Kaitiff plans a purge

If you want to understand what's going on with Bishop Robert Duncan in Pittsburgh, head over the the Anglican Curmudgeon and read, read, read:

Regular readers of this site will not be surprised by the announcement from the Presiding Bishop of her intentions to bring a resolution to depose the Rt. Rev. Robert Duncan of Pittsburgh at the forthcoming fall meeting of the House of Bishops at Salt lake City. (A big tip of the Rumpolean bowler to Greg Griffith at StandFirm for making it available in advance.)

What may yet come as a surprise to some, however, is the brazenness with which the Presiding Bishop has laid out her plans in advance. She is without shame: she has announced to the House of Bishops, five days ahead of their meeting, the parliamentary rulings she will make on the canonical objections to proceeding with the resolution, and she lays out her specious, the-end-justifies-the-means reading of Canon IV.9 so there can be no mistake. (I had predicted such rulings would be made, but at the meeting itself---not five days in advance! I hope there will be some stalwart bishops present who will make the only response to such tyranny that can be made, and who by their departure will deprive those remaining of a quorum.)

The Presiding Bishop is a tyrant in episcopal garb. The tragedy is that she is aided and abetted in this power grab by so many Episcopal jurists, who now must be dubbed "soi-disant jurists."

(An aside: Up until now on this blog, I have striven to maintain the utmost civility and respect toward the Presiding Bishop, always addressing her by her proper title and name. With this latest dastardly and cowardly ukaze from her hand, however, I am forced to join the ranks of so many others who have lost their respect for her. From this point forward, I shall address her as: "The Chief Kaitiff of The Episcopal Church.")

The Chief Kaitiff first attempts to justify her crime against Canon IV.9 by summoning the support of her soi-disant jurists. . .

Read it all.

Thursday, September 11, 2008

Bishop MacBurney issues an apology

From the Living Church [boldface mine]:

The Rt. Rev. Edward H. MacBurney, retired Bishop of Quincy, and Wicks Stephens, his lawyer, have reached an agreement under which Bishop MacBurney voluntarily submitted to discipline.

Last January, the Title IV [disciplinary] Review Committee issued a presentment against Bishop MacBurney for allegedly leading a service of confirmation at a congregation which had left the Diocese of San Diego in order to join the Anglican Church of the Southern Cone in South America. Bishop MacBurney was subsequently inhibited, or prohibited, from functioning in any way as a priest or bishop, pending an ecclesiastical trial which had been scheduled to be held in November.

In her “Sentence Upon Voluntary Submission to Discipline” dated Sept. 9, Presiding Bishop Katharine Jefferts Schori removed the inhibition against Bishop MacBurney and admonished him “not to repeat the actions which caused the presentment to be brought against him.” She also directed him to apologize “in writing to the Bishop of San Diego for not respecting his authority as the bishop of that diocese.”

Bishop James Mathes of San Diego, who originally had brought the complaint against Bishop MacBurney, said he was satisfied with the outcome. The process “held a bishop of the church accountable to his colleagues and this was a good thing,” Bishop Mathes told Episcopal News Service. He said Bishop MacBurney’s willingness to apologize for his actions “provided us a way to provide forgiveness.”

In an interview with a reporter for The Living Church, Mr. Stephens said that the sentence conformed to the terms which were agreed to before the voluntary submission was made adding that Bishop MacBurney is fully restored as a retired member of the House of Bishops, meaning he can again perform priestly and episcopal functions with the permission of the local diocesan bishop.

“I’m sure there are a number of diocesan bishops who would want to have an Anglo-Catholic bishop come and minister,” Mr. Stephens said. “This was a practical means of bringing him back.”. . .

Read it all.

Wednesday, September 10, 2008

Presiding Bishop removes MacBurney's inhibition after retired bishop apologizes

From EpiscopalLife Online [boldface mine]:

Presiding Bishop Katharine Jefferts Schori has removed the inhibition she placed in April on retired Episcopal Diocese of Quincy Bishop Edward MacBurney.

In a September 9 order, Jefferts Schori said that MacBurney had voluntarily submitted to discipline (Canon IV.2(9) and (10)) over a presentment which the Title IV Review Committee issued on Jan. 24, 2008.

Diocese of San Diego Bishop Jim Mathes, who originally asked for MacBurney to be disciplined because he conducted unauthorized confirmations in San Diego, told ENS September 10 that the order and discipline of the church had been "maintained and in some way enhanced by this process."

"Bishop MacBurney's decision is the result of my efforts and those of others to find a non-judicial outcome to an unfortunate event," Mathes said September 10 in his weekly email to diocesan clergy. "Today, the order of our church and the collegiality of the House of Bishops have been enhanced."

The process "held a bishop of the church accountable to his colleagues and this was a good thing," Mathes told ENS.

"I grateful to Bishop MacBurney for his role in this," Mathes said, explaining that MacBurney's willingness to apologize for his actions "provided us a way to provide forgiveness."

Jefferts Schori's September 9 order admonishes MacBurney to not make any other such visits and to apologize in writing to Mathes "for not respecting his authority as Bishop of that Diocese.". . .


Read it all.

Wednesday, August 20, 2008

Judge Bellows again favors Virginia congregations

From the Living Church:

The 11 Anglican congregations in Virginia involved in litigation with The Episcopal Church received a favorable ruling Wednesday in Fairfax County Circuit Court. Judge Randy Bellows said The Episcopal Church and the Diocese of Virginia failed to timely assert their claim that the 11 churches that left The Episcopal Church in 2007 contracted around or waived their right to invoke a Virginia Division statute.

Judge Bellows also ruled that the statute, which concerns the rights of congregations to keep their properties when a majority of members votes to leave their denomination, does not violate the contracts clause provisions of the U.S. and Virginia constitutions as applied to the church properties. . .

Read it all.

Monday, August 18, 2008

California parents: Information for those with children in public schools

From the California Catholic Conference, a handy-dandy synopsis of what parents of public schoolers need to know about their rights. Read the entire info here (also available in Spanish).

An excerpt from the two-page brochure [boldface mine]:

. . . By law, at the beginning of each school year, public schools send home many documents. In one of these documents, the school district will be giving notification that the school assumes approval of all of the school’s curriculum and activities.

In other words, if a parent or guardian does not approve of any of the topics mentioned above he or she must notify the school. If the parent or guardian does nothing the school officials can and will assume approval or an “opt-in” to the school’s entire program.


However, the language explaining the school’s policy regarding “opt-in” and “opt-out” is written in “legalese” and can easily be overlooked or misunderstood by families.

In plain words:
  • Parents or guardians who object to certain education offered to their children must specifically request that they be excused, i.e., they must “opt-out,” or the school assumes that permission for the students to participate has been granted.

  • In order to make that “specific request” a parent or guardian must complete an “opt-out” form. A standard “opt-out” form can be obtained from the school office.

  • A signed “opt-out” form must be submitted for each student and for each type of objectionable activity from which that student is to be excused.

  • An “opt-out” form for each student is only considered valid for the current school year—and must be resubmitted annually.

  • All parents or guardians have the right to be informed of the content and approximate date of presentation of all materials and subjects.

  • In addition, all parents or guardians have the right to examine copies of all tests, questionnaires, or surveys that inquire about students’ or their parents’ personal beliefs, family life, religion or sex practices.

Confidential Medical Services

From the time students enter the 7th grade in a public school, they are granted complete freedom for purposes of securing confidential medical services, which may include contraceptives, abortions and psychotropic drugs.

That policy is the result of a 1997 court decision (American Academy of Pediatrics v. Lungren) which extended the “right of privacy” to minors. The California Supreme Court ruled that a minor’s right to privacy superseded the minor’s parents’ rights as guardians.

In addition, in 2004 California’s Attorney General Lockyer wrote an opinion supporting that school policy, saying:

“We conclude that a school district may not adopt a policy pursuant to which the school will notify a parent when a student leaves school to receive confidential medical services.”

Confidential medical services may include abortion, birth control, AIDS treatment and/or psychological analysis.

Ordinarily, parents or guardians must grant written permission for their children to participate in off campus activities or to receive over-the-counter medication from school personnel. However, when a student requests confidential medical services, then he or she can actually be released without parental knowledge or permission during school hours to receive those services.

Like the notification regarding “opt-out” for objectionable educational activities, at the beginning of each school year, parents or guardians are notified of this public school policy for students in grades 7-12.

And like the notification about the availability of an “opt-out,” the information about the policy of releasing students for confidential medical services may also be overlooked or misunderstood. . .

California Supreme Court ruling on doctors

From FoxNews [boldface mine]:

SAN FRANCISCO — California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

The ruling was unanimous and a succinct 18 pages, a contrast to the state Supreme Court's 4-3 schism in May legalizing gay marriage.

Justice Joyce Kennard wrote in the ruling that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."

In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections and Benitez has since given birth to three children.

Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.

The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation. . .

Read it all (and remember, same sex "marriage" is now legal in California, so if clergy refuse to perform a religious ceremony for two persons of the same sex, will they be sued? I'm sure there's a test case being prepped right now).

And I really dislike the Fox headline "California Top Court: Doctors Cannot Withhold Care From Gays" because it implies all medical treatment is being denied because of one's sexual behavior, but no one is denying any necessary or life-saving treatment here. The doctors did not withhold "care" - they did not want to perform optional, non-life saving treatment and referred the patient to a doctor who would do the procedure - quite a difference!

Holy Trinity Austin now Christ Church Anglican

And they walked away from the property:

Christ Church

A new Anglican church is “re-born” in the city of Austin
We are now meeting as Christ Church.

Same pastor, same staff, same body of Christ with a new name.

Christ Church is a community that is liturgical, evangelical, historic and contemporary at the same time; making disciples of Jesus with a heart for the lost and for justice in the city of Austin and around the world.

Come worship with us Sundays at 10:30 a.m.
at the Senior Activity Center on the southeast corner of 29th & Lamar.

And under "Who We Are":

Our Vision

Our vision is best described in three phrases: ancient-future worship, missional community and empowered evangelicals. What does that mean?It means that worship is central to who we are as God’s people. We were made to worship the Triune God. "Ancient-future worship” means recognizing the power and richness of our past, with its time-tested prayers and sacramental view of the world, on the one hand. Christ Church stands in the stream of the "Great Tradition" of God's people through the centuries. On the other hand, it means celebrating the creative explosion of contemporary worship and responding to what God is doing in the world now in music and the arts.

How about "missional community"? Christ Church called to live in community. There is no such thing as solitary Christianity. In community we grow; we are challenged and comforted; we help each other along, learn how to forgive, listen to each other's unique insights. But not only that; community is also outward. We are a community for others. We are a missional community, inviting others (locally and globally) into the grace of God and reaching out with compassion to those on the margins of society.

And "empowered evangelicalism" . . . what's that? Evangelical means that Christ Church upholds the authority of the Scriptures, teaches the Bible and proclaims its message boldly, calling people to come and follow Jesus Christ. We also seek to live in the fullness of the Holy Spirit, empowered and gifted, responsive to His voice, believing that He can break into our "natural" world to speak, heal and guide us.

Our Mission

To make disciples of our Lord Jesus Christ by proclaiming and teaching His Word, the Scriptures, nurturing and supporting His community of faith, and worshipping Him in Spirit and in truth. . .

We are an affiliate parish of the American Anglican Council

Our Staff
Cliff Warner, Rector


H/t to Stand Firm.