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IN THEORY:Who should get church property?

June 30, 2007

An appellate court ruling this week ordered St. James Church, which broke ranks with the Episcopal diocese three years ago, to forfeit its property in Newport Beach. The church severed its ties because its leaders felt the denomination was too liberal in its opinions on homosexuality, the divinity of Jesus and the Bible's supremacy. The judges ruled that the diocese had the right to take over the property after the split, but church leaders argue that the ruling defies legal precedence. Do you think a congregation should be allowed to hold on to its church after splitting from a denomination?

This deeply sad division seems to me to be the devil's work focusing us Episcopalians/Anglicans on selfishness rather than on doing God's work in the world as sisters and brothers in Christ, that is, as the church. That this argument had to take place in civil courts seems tragic.

I trust the appellate court is correct when they decided decisively: "To be plain: Under California Supreme Court cases … the right of the general church in this case to enforce a trust on the local parish property is clear, and that right has not been affected by intervening United States Supreme Court decisions or any statute enacted by the Legislature … Further proceedings shall be consistent with this opinion."

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I agree with statements attributed to Bishop Bruno in last Wednesday's Los Angeles Times that all people are most welcome to come and go to church for worship as they wish, but no one has the right to take parish property with them when they leave, regardless of why they leave. I especially hope that, as he said, "Now we can get about the business of healing and of being a church."

I yearn to be the church with St. James' beloveds.

(THE VERY REV'D CANON)

PETER D. HAYNES

While not qualified to judge the legal ramifications of property ownership, I would weigh in on the religious controversy that precipitated the crisis.

Four rabbis engaged in frequent theological arguments, with three consistently unified against the fourth. Following one argument, which he predictably lost by a 3 to 1 margin, the fourth rabbi appealed to a higher authority.

"Oh, God" he cried. "Give me a sign to prove I am right and they are wrong." Immediately, a storm cloud appeared, rumbled, and then dissolved. The rabbi pronounced it a sign verifying his position. The other three pointed out that storm clouds form in hot weather.

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