A Different Kind of Church

by Carrie Graves
Trinity Cathedral, Columbia offers Eucharist at 7:30 am on Wednesday mornings, but on this Wednesday morning, September 23, 2015, more than a dozen Episcopalians from the Diocese of Upper South Carolina attended an altogether different kind of church. 

As if in a narthex on a Sunday morning, dozens of churchgoers gathered, but in the Gallery of the SC Supreme Court, talking happily among themselves despite the quiet tension floating around the room. Many arrived more than an hour early for this “coffee hour” with no coffee. There was going to be a tight crunch on seating.

Those present, although many were clergy of differing theological beliefs, were there to listen, to show support, and to pray for all involved.

We were there for the SC Supreme Court Hearing – The Protestant EpiscopalChurch in the Diocese of South Carolina and Others, Respondents v. TheEpiscopal Church (a/k/a The Protestant Episcopal Church in the United States ofAmerica) and the Episcopal Church in South Carolina, Appellants. The Appellants were there to ask that a ruling made after a 14-day trial in July 2014 by Judge Diane Goodstein (stating that The Diocese of South Carolina had the right to break away from the larger Episcopal Church and take its property with it) be overturned.

Although attending an 8:00 am Eucharist just to get a seat at the 10:30 service is not the norm in The Episcopal Church, observers who were gathered in The Gallery poured into the courtroom to sit in on a 10:00 hearing in order to guarantee seats for the 10:30 hearing concerning their Church. The court staff urged everyone to “scoot together” and fill up all the benches. There was not a seat to be had, and the aisles were lined with chairs, ironically reminiscent of an Easter morning service.

Getting settled I put my pocket book under the “pew” in front of me, making sure not to have it interfere with the kneelers – except, there were no kneelers and these weren’t pews. And there were so many clergy (from the entities on both sides of the argument), they nearly outnumbered the lay people. And they were sitting in the pews instead of behind the "altar."

Feeling like I was in a dream (it was pretty warm in the small room with more than 100 in attendance), I looked up at the not-altar and studied the symbol over it that was not a cross or a stained glass window of Jesus. It was the stamp of the SC Supreme Court indicating that it is the highest court in SC. We were in a civil court, not God’s court. 

When the Bailiff stated “All Rise!” we all rose, preparing to sing to opening hymn. But, no hymn. The court proceeded, not processed, straight into arguments for the case preceding the Episcopal Church hearing.

The case began with the Appellants (The EpiscopalChurch and The Episcopal Church in South Carolina) attorney, Blake Hewitt’s, arguments. The justices asked questions regarding the hierarchical nature of and authority in The Episcopal Church, and about the Dennis Canon of 1979, which modified The Episcopal Church's Canons in an attempt to create an express trust in favor of The Episcopal Church should a faction of a local parishes seek to withdraw from the Church. The Episcopal Church maintains that, legally, any officer of any official institution must maintain his/her fiduciary trust responsibility on behalf of the Episcopal Church.

  

The Dennis Canon states that “All real and personal property held by or for the benefit of any Parish, Mission, or Congregation is held in trust for this Church [i.e., TEC] and the Diocese thereof in which such Parish, Mission or Congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the Parish, Mission or Congregation otherwise existing over such property so long as the particular Parish, Mission or Congregation remains a part of, and subject to, this Church and its Constitution and Canons.”

Neutral principles, the primary argument used by the Respondents attorney, Alan Runyon, applies civil corporate, contract and trust laws to a dispute of this nature rather than deferring to the Church’s internal rules. (U.S. Supreme Court, 1979, Jones v. Wolf)

In 2012, Mark Lawrence left The Episcopal Church, taking more than half of the parishes of The Episcopal Diocese of South Carolina with him, as well as the name, diocesan seal and jointly held (by all parishes in the Diocese) diocesan camp and conference center, Camp St. Christopher. The Episcopal Church maintains that only individuals, not groups, can dissociate from The Episcopal Church, which would prohibit a group’s taking property from the Church one wants to leave.

The Diocese of South Carolina and 18 parishes then sued The Episcopal Church to retain more than $500 million in parish properties, Camp St. Christopher and the name and seal of the Diocese.

The justices asked many questions about the hierarchical nature of the Church and the vows that a bishop takes to “conform to the doctrine, discipline, and worship of the [Protestant] Episcopal Church [in the United States of America]” when he or she is consecrated. Justice Toal pointed out that in the July non-jury trial, The Episcopal Church was deemed to be congregational, run by the parishes, which is contrary to the nature of The Episcopal Church.

Groups in other dioceses that have separated from The Episcopal Church maintain that most of their properties and assets were established long before the Dennis Canon by loyal Episcopalians that would not recognize the theological innovations of the modern Episcopal Church.

One final argument on the side of the Appellants was the nature of non-profit corporations, who, by law, are not authorized to change their articles of incorporation to be in direct conflict with the original articles. Since churches are non-profits, one wonders if this argument would hold up in civil court.

After more than an hour, we were dismissed, not sent out to be who we’ve become in the Eucharist or to do the work of Christ in the world. It was just time to go. There was no lemonade on the lawn without lemonade. There was no guidance or message from a sermon. We will have to wait to see how the story ends. We are the continuing story of the people of God. Being in the court setting was a reminder of all that was missing from the “worship,” and of all the reconciliation work to be done in the future. But for now we can continue to pray without ceasing, see God in each other no matter who or where we are, be formed by the Eucharist, and to pray for the Church and its people, rendering unto God what is God’s.  Amen.