| Friday, July 13, 2007
"Oh Lord, you are our father. We are the clay, you
are the potter; we are all the work of your hand."
Isaiah 64:8
- Message from The Rev. Can. David C. Anderson
- L.A. Parish appeals court ruling
- Is The Episcopal Church Suing for Intimidation?
- British Synod moves closer to covenant
- What is Anglicanism? A letter from the Archbishop of
Uganda
Message from The Rev. Can. David C. Anderson
President and CEO, American Anglican Council
Dear Friends in Christ Jesus,
Some of the news from last week and early this week is quieting down, and
some is staying very much alive. The action of Bishop Wolf in "holding" the
confused cleric's collar for a year while the cleric decides whether she is
a Muslim or a Christian, and announcing this inhibition publicly helped to
put this troubled story to rest. The news about the upcoming African
consecrations of former Episcopal priests as bishops for the American scene
will probably pick up speed as the time for the consecrations approaches.
The AAC applauds the decision of both
Kenya
and
Uganda
to add domestic North American bishops to their already
considerable presence on this continent. This, coupled with bishops that
AMiA and CANA have (and might have soon), will provide for a local pastoral
availability that has not been the case before. We are aware that the
hundreds of thousands of orthodox Episcopalian/Anglican members are becoming
jaded with statements of “wait six more months....another meeting will take
place.” Many of us have stopped forecasting the outcome of meetings
because, although meetings are planned and do take place, predicting the
actual outcome has been like predicting the weather. I am making preliminary
plans to attend the consecrations in Kenya and Uganda representing the
American Anglican Council, and I am eager to see how this will play out at
the ground level.
The ACN meeting in late July in Bedford, Texas, should be an important
meeting with some major operational decisions made. There is also an
important meeting of the Common Cause bishops in late September, and this
added to the deadline for TEC should provide a glimpse of where things are
going. We are aware that many of the orthodox in the States are confused and
disheartened at recent events: the failure of the Tanzanian Communiqué
pastoral plan to be agreed to and implemented; the increase in massive
litigation filed by TEC against churches; the stunning announcement out of
Lambeth that revisionist TEC bishops are invited while orthodox mission
bishops from CANA and AMiA are to be excluded; and the change in direction
in California law reversing the favorable view of local church rights.
People are asking “where are things going, what is happening?” and in these
questions we see disappointment and depression.
I want to redirect to the
things that are more hopeful: the mission ordinations for North America that
will occur this year move the entire conflict into a new and better stage,
providing the nucleus for a future orthodox Anglican North American House of
Bishops outside of TEC. Coordination and conversation between Common Cause
Partners will increase at the top, and perhaps at some time in the near
future, cross licensing of clergy and bishops can be effected. Churches are
being planted all over, clergy are looking for positions and churches are
looking for clergy, and the laity doesn’t always wait for the clergy to act.
For example, in the absence of a rector, a majority of the laity of the TEC
congregation St. Andrew’s Peach Tree City (Georgia) voted to leave TEC, did
leave, and are now worshipping in their own leased facility in a commercial
area. They reorganized as All Saints Anglican Church, and have affiliated
with CANA. All this without a priest (they are currently in a search process
for a rector). Kudos to them and to all those who are doing new church
start-ups. These are all signs of God's faithfulness and reasons to focus on
his work. As always, our hope should be fully set on Jesus Christ, the
author and finisher of our faith. The Holy Spirit will guide us into all
truth and show us how to glorify the Father in all circumstances.
If you are willing to be patient, watch for the unfolding of events
between now and the Lambeth Conference in
Canterbury
next year. The Global South will wish to caucus on who is
going and who is not going and under what terms. Is it possible that there
would be a different meeting of the faithful Provinces that elect not to go
to Lambeth? It could happen.
And in the legal area, almost certainly some higher court, most likely the
California Supreme Court if not the United States Supreme Court, will need
to sort out the conflicting judgments of the various Appeals Courts in
California
which have created legal chaos. A recent decision in a
New York
state court ruled in favor of a local Presbyterian
congregation in regard to their property, and against their parent
denomination. Although the court got it wrong in citing some of the history
of the Episcopal Church and the Dennis Canon, their decision with the
Presbyterians is a hopeful sign. (Church Law & Tax Report, July/August 2007,
p. 12)
If you do not keep up on church law decisions, you might wish to use the
same resource I have used since the 1980s, the Church Law & Tax Report,
published by Christianity Today International,
PO Box 37012
,
Boone,
Iowa,
50037-0012,
or in a web version at. It has been required reading for my parish vestries
and AAC executives.
We are hearing reports that some insurance companies which provide Directors
and Officers (D & O) insurance for church vestries are declining to
represent or failing to respond to requests for legal defense for vestries
and vestry members who are being sued with regard to decisions regarding
leaving TEC. When the insurers you have depended upon to protect your vestry
are not there for you when the time comes, it can be a rude and financially
injurious surprise. If you have D & O insurance, you may wish to probe their
history of performance PRE-NEED. If you wish to know which insurance
companies we have heard complaints about, contact us.
Speaking of need, the uncertainty of the course of events and the expenses
of litigation for many of our members and churches are causing a diminution
in financial support to the AAC at the very time when we need to be strong
in our work and witness. Since we provide consultation with vestries and
clergy on an individual basis, both by phone and in person at no charge to
the local church, the AAC needs to stay financially strong so that our
advocacy, communication, consulting, educational, and diplomatic efforts are
all able to continue vigorously. If you feel led to contribute, you may make
credit card donations on our website or by calling our office, or you can
mail a check to our
Atlanta address.
Blessings and Peace in
Christ’s Name,
The Rev. Canon David C. Anderson
L.A. Parish appeals court ruling
Source:
Glendale News Press
Date: July 10, 2007
By Ryan Vaillancourt
LA CRESCENTA — The governing body of St. Luke's of the
Mountains Anglican Church voted unanimously on Monday to appeal a Los
Angeles Superior Court judge ruling that the La Crescenta church's property
belongs to the Episcopal Diocese of Los Angeles.
A majority of St. Luke's congregants voted in February
2006 to split from the Los Angeles Diocese and Episcopal Church USA, citing
theological differences with the larger church. The church, then St. Luke's
of the Mountains Episcopal Church, joined the Anglican Province of Uganda,
reaffirming its membership in the worldwide Anglican Communion.
The diocese, in turn, sued St. Luke's, arguing that the
church property is held in trust for the Episcopal Church.
"What's at stake is the church property of St. Luke's,"
said Debbie Kollgaard, St. Luke's senior warden. "It would mean that we
would not be able to worship in that building anymore. We would be kicked
out."
The St. Luke's vestry, a rotating governing committee of
12 congregants, contends that the church property — at 2563 Foothill Blvd. —
and the 83-year-old church building itself belong to St. Luke's, Kollgaard
said.
But Los Angeles Superior Court Judge John Shepard Wiley
Jr. ruled against St. Luke's in a 77-page decision on July 3, upholding the
national church's claim that a 1979 canon — or church law — established its
ownership of all Episcopal parish property in the country.
"The court found that the national church had passed a
canon, which confirmed an understanding, which predated that canon, that all
parish property was held in trust for the diocese and the national church,"
said Diocese Chancellor John Shiner, who is leading the case for the
diocese.
St. Luke's was not alone when it broke away from the
Episcopal Church in 2006, and it is not alone now in its legal battles with
the Diocese. Three Orange County parishes — which split from the diocese in
2004, and are now under the jurisdiction of the same Uganda Anglican bishop
that oversees St. Luke's — are embroiled in a similar legal skirmish.
Last week's decision came less than two weeks after an
Orange County appeals court ruled in favor of the diocese in a property
dispute with the three Orange County parishes.
All four parishes have cited the Episcopal Church's more
liberal interpretation of the Bible as the reason for breaking away from the
national church, Kollgaard said.
Though a schism between the two entities has slowly
mounted for about 40 years, the smaller parishes were set off in 2003 by the
Episcopal Church's consecration of a gay bishop in New Hampshire, she said.
"That's the straw that broke the camel's back," she said.
Wiley's decision is a tentative loss for St. Luke's and
its congregation, but it also has a potential bearing on the greater La
Crescenta community, said Mike Lawler, president of the Historical Society
of the Crescenta Valley.
If the diocese retains ownership of the church property,
an architectural icon could be in jeopardy, he said.
"I'm really worried," Lawler said. "The [St. Luke's]
building is considered by most historians to be the architectural landmark
of the valley."
Dedicated in 1924, the structure was designed by portrait
artist Seymour Thomas, Lawler said.
"If the Episcopal Church got a hold of it, I'm worried
they'd just sell it and then we'd have a fight on our hands," Lawler said.
The diocese has made no decision about what it would do
with the property if the July 3 ruling is upheld, Shiner said.
"There's been no decision made and it would be
inappropriate for us to speculate as to what may or may not happen, assuming
the appellate court upholds the lower court's decision," Shiner said.
Is The Episcopal Church Suing for Intimidation?
Source:
The Connection Newspapers
Date: July 12, 2007
By Lauren Glendenning
Business might look usual at Truro Church, but its vestry
members are experiencing some behind-the-scenes legal trouble brought on by
the Diocese of Virginia.
Truro Church, along with several other churches in
Northern Virginia, split off from the U.S. Episcopal Church and the Diocese
last December and joined the Convocation of Anglicans in North America, or
CANA— an Anglican missionary effort sponsored by the Church of Nigeria. The
split came after the consecration of a gay bishop in New Hampshire in 2003,
followed by Episcopal actions that more orthodox believers saw as shifts
from scripture.
CANA affiliates with the Anglican District of Virginia, or
ADV, which includes 14 CANA churches and four churches affiliated with the
Church of Uganda. Presently, the district has about 6,000 members.
The split has created tension between the CANA and the
Episcopalians, especially over who owns the property rights at the former
Episcopal churches. The Diocese recently added the names of volunteer vestry
members to its lawsuits against the churches — a move the CANA churches
believe is meant for intimidation purposes only.
"The ADV churches think the Diocese and the Episcopal
Church have nothing to gain from this action," said Kelly Oliver,
spokesperson for the ADV.
When several of the ADV churches initiated a transfer of
the ownership of their properties in January, from the Diocese to ADV, the
Diocese responded by filing suits claiming its right to the properties. In
those suits, some vestry members were specifically named, but many "John
Does" and "Jane Does" were listed as placeholder names. That was done
because the Diocese knew the names of some, but not all the vestry members,
said Patrick Getlein, spokesperson for the Diocese, in an e-mail to the
Connection. Now that it has learned more names, the Diocese recently took
action to add those specific names to the suits, he said.
Jim Oakes, senior warden of Truro Church, said the notion
they didn’t know the names of the members until now is just "silly."
"The only reason I can think of as to why they would do
this, is to basically terrorize individuals who might be considering
volunteering for service," said Oakes. "We think they’re trying to
intimidate us, and also that they’re trying to continue to send messages to
churches who haven’t made the decision to sever ties."
The Diocese claims the naming of the volunteers as
defendants is a "matter of routine, procedural business," wrote Getlein, in
the e-mail. He wrote that since vestry members are the "legal
representatives of the congregation," and since they change from year to
year, the addition of new names was necessary. He said the action is not
meant to intimidate anyone.
"Those elected to vestry service have responsibility for
management of church property, and one of the things we seek in our
complaint is an accounting of the use of church property," wrote Getlein.
The ADV filed a plea and bar, asking that the suits
against the named individuals be dismissed, said Oakes. The judge is
expected to rule on that in August. That ruling will not deal with the
merits of the property dispute, but just with the naming of the defendants.
"If you look at the history of the Christian faith, I
think we always do best when we’re being attacked."
THE Judge in the case has asked both sides to work out a
compromise in which the individuals can be named, but not added to the
complaints yet, said Getlein. The judge would not decide on that until after
he has ruled on the plea and bar, said Oakes.
The Diocese believes it owns the rights to the parishes
because the congregations that voluntarily chose to sever ties with the
Diocese "abandoned the property for the purposes for which it was set
aside," according to a Jan. 31 statement from the Diocese.
Peter James Lee, former bishop of the Diocese, said in his
Jan. 18 letter to the Diocese, "The differences are not about property but
about the legacy we have received for the mission of Christ and our
obligation to preserve that legacy for the future … individuals may come and
go but parishes continue for generations and generations."
ADV believes it owns the property because trustees are on
the deeds. Until a few years ago, churches in Virginia weren’t allowed to
incorporate, said Oakes. The properties were, and still are, held in trust
for the benefit of the individual church, or congregation, he said. The
doctrine under which the Episcopal Church operates is with an implied trust,
but Oakes said that isn’t recognized in the state of Virginia.
"It’s a fairness issue," he said. "We raise the money for
the congregations; we built them; we have maintained them the entire time.
The Diocese and the Episcopal Church never gave us a penny to maintain [the
churches]."
British Synod moves closer to covenant
Source:
The Times
Date: July 9, 2007
By Ruth Gledhill
The Church of England took a step towards averting schism
over gays yesterday when the General Synod backed a process that would allow
the expulsion of rebel provinces from the Anglican Communion.
Some liberals in the established Church oppose the
introduction of an Anglican “covenant” outlining a common doctrine that is
to be endorsed across all 38 provinces worldwide, because they fear it will
limit the traditional diversity that has become a hall-mark of Anglicanism.
But the Synod, meeting in York, voted overwhelmingly to
“engage positively” in the creation of the covenant after a series of
speakers warned that the dispute over homosexuality had exposed deep flaws
in how Anglican unity is maintained. The covenant would prevent any province
from consecrating an openly gay bishop, as the US did in 2003 with the
election of Gene Robinson to New Hampshire, without risking expulsion.
But the Synod also heard that it would put in place a
curial-type structure that would mean other doctrinal innovations would also
be jeopardised. One speaker warned that the ordination of women would never
have got through had such a covenant already been endorsed.
The Archbishop of the West Indies, the Most Rev Drexel
Gomez, who chaired the group that published the proposed draft covenant this
year, warned that the “bonds of affection” that once held the Anglican
Communion together were strained, “indeed, some would say broken”.
He said: “Suspicion is rife, as well as accusations of
heresy, bad faith, and of theological and ecclesiological innovation.”
Rumours abounded that there were plots in some provinces
to introduce a bold agenda on gay marriage and to demand that it was
tolerated across the Communion, he said. “Other rumours inform us that the
primates are plotting to impose a collective papacy on the Anglican
Communion.”
He said that those responsible for drafting the covenant
would take into account concerns, especially about giving too much power to
the 39 Primates to discipline provinces “who choose not to fulfil the
substance of the covenant”. But he said there had to be mutual
accountability.
“The need for such a common basis is pressing. I have no
doubt that it would be lovely to go back to a day when we relied on no more
than the affection generated by our mutual inheritance and care. But I’m
afraid that those days have gone: at present, Anglican leaders are seriously
wondering whether they can recognise in each other the faithfulness to
Christ that is the cornerstone of our common life and cooperation.”
Archbishop Gomez’s voice is particularly influential
because his province is part of the Global South group of conservative
evangelical Churches, although it is actually within the tradition of
Anglo-Catholicism.
The Bishop of Chichester, the Right Rev John Hind, said
that to reject the creation of a covenant would be “to vote for a different
kind of communion”. He said: “An appropriately considered and drawn covenant
might help us to love one another more.”
But the Rev Miranda Thelfall-Holmes, an historian
representing Durham and Newcastle universities on the Synod, said: “I do not
believe signing up to an Anglican covenant will help, either in our current
dfficulties or in any other disagreements.”
As the debate opened, so did the heavens, with a
thunderstorm. Drops of rain leaked into the debating chamber at York
University. Some in the chamber wondered whether this was another “York
Minster” moment. York Minster was struck by lightning soon after the then
Bishop of Durham, Dr David Jenkins, was consecrated there – an event
interpreted as divine retribution for his description of resurrection as
“not just a conjuring trick with bones”.
What is Anglicanism? A letter from the Archbishop
of Uganda, Henry Luke Orombi
Source:
First Things
Few would deny that the Anglican Communion is in crisis. The
nature of that crisis, however, remains a question. Is it about sexuality?
Is it a crisis of authority—who has it and who doesn’t? Have Anglicans lost
their commitment to the via media, epitomized by the Elizabethan Settlement,
which somehow declared a truce between Puritan and Catholic sentiments in
the Church of England? Is it a crisis of globalization? A crisis of
identity?
I have the privilege of serving as archbishop of the
Church of Uganda, providing spiritual leadership and oversight to more than
nine million Anglicans. Uganda is second only to Nigeria as the largest
Anglican province in the world, and most of our members are fiercely loyal
to their global communion. But however we come to understand the current
crisis in Anglicanism, this much is apparent: The younger churches of
Anglican Christianity will shape what it means to be Anglican. The long
season of British hegemony is over.
The preface to the Book of Common Prayer states, “It is a
most invaluable part of that blessed ‘liberty wherewith Christ hath made us
free,’ that in his worship different forms and usages may without offense be
allowed, provided the substance of the Faith be kept entire; and that, in
every Church, what cannot be clearly determined to belong to Doctrine must
be referred to Discipline.”
And yet, despite this clear distinction, contemporary
Anglicans are in danger of confusing doctrine and discipline. For four
hundred years Anglicanism represented both the theological convictions of
the English Reformation and the culture of the Christian Church in Britain.
The sixteenth- and seventeenth-century Anglican divines gave voice to both:
English Reformation theology (doctrine) and British culture (discipline).
The Anglican churches around the world, however, have ended the assumption
that Anglican belief and practice must be clothed in historic British
culture.
Take, for instance, the traditional Anglican
characteristics of restraint and moderation. Are they part of doctrine, as
Anglican theology, or discipline, as British culture? At the recent
consecration of the fourth bishop of the Karamoja diocese, the preacher was
the bishop of a neighboring diocese whose people have historically been at
odds with the Karimajong (principally because of cattle rustling). At the
end of his sermon, the preacher appealed for peace between the two tribes
and began singing a song of peace. One by one, members of the congregation
began singing. By the end of the song, the attending bishops, members of
Parliament, and Karimajong warriors were all in the aisles dancing.
The vision of Christ breaking down the dividing walls of
hostility between these historic rivals was so compelling that joy literally
broke out in our midst. At that point in the service, I dare say, we were
hardly restrained or moderate in our enthusiasm for the hope of peace given
to us in Jesus Christ. Did we fail, then, in being Anglican in that moment?
Was the spontaneity that overcame us a part of doctrine or of discipline?
Surely, African joy in song and dance is an expression of discipline. Yet
our confidence that the Word of God remains true, and our confidence that it
transforms individuals and communities—all this is part of doctrine: the
substance of the Faith that shall not change but shall be “kept entire.”
Read the rest of Archbishop Orombi's message
here. |
