Updated again Friday
TEC Agrees to Injunction that Prohibits Them From Using Diocese of SC Identity
South Carolina lawsuit parties agree to temporary injunction
I last reported on South Carolina on 8 January. Since then there have been significant developments.
A South Carolina Circuit Court judge Jan. 23 issued a temporary restraining order preventing any “individual, organization, association or entity” from using registered names and marks that are claimed by Mark Lawrence and other leaders who led some Episcopalians in that state out of the Episcopal Church.
Judge Diane S. Goodstein’s order is in effect until Feb. 1 when a hearing is scheduled.
See ENS report South Carolina court temporarily restrains use of diocesan names, seal and also this diocesan press release
Circuit Court Blocks the Use of Diocese of South Carolina Identity By Anyone Outside of the Diocese.
And on 26 January a provisional bishop for those remaining in The Episcopal Church was elected, see this ENS report South Carolina continuing Episcopalians meet to plan their future.
See also:
Presiding bishop preaches to Episcopalians in South Carolin
House of Deputies president supports South Carolina Episcopalians
New bishop provisional addresses South Carolina Episcopalians
“I tell you that story because it’s indicative of attitudes we’ve seen here and in many other places. Somebody decides he knows the law, and oversteps whatever authority he may have to dictate the fate of others who may in fact be obeying the law, and often a law for which this local tyrant is not the judge. It’s not too far from that kind of attitude to citizens’ militias deciding to patrol their towns or the Mexican border for unwelcome visitors. It’s not terribly far from the state of mind evidenced in school shootings, or in those who want… Read more »
I assume the schismatic diocese will continue to use the 1979 Episcopal Church Prayer Book. When they do, I hope they appreciate that they are using it because The Episcopal Church has freely given up its copyright to all its official prayer books on the ground that there should be no restrictions using the prayer book for those who use it to seek a closer relationship with God and the Lord Jesus Christ. In fact this is required by TEC Canon II.3.6(b)(ii). The lack of reciprocal openness and generosity by the schismatics speaks for itself.
cseitz, I think she was saying that decisions are best made in community. In community, listening to a broad range of view from MANY people, TEC came to it’s conclusions on the liberation of women and LGBT persons. The SC schismatics is a pretty narrow and insular group.
The legal judgement is not a big deal. It’s a hold pending a larger review of the issues. When that happens, chances are that Lawrence will not get to keep all the property and he will have paid $x million in legal fees. What a fraud.
cseitz: Had you read to the end of the PB’s speech, you’d see that the story was directed at her flock, not Lawrence: “What are those of you in this Diocese going to do in your interactions with those who’ve departed? Are they law-breakers who should be shot down or thrown in jail? Do we see them as vigilantes? Neither is going to produce more abundant life, my friends.”
The fact that you read it as being directed at “those who’ve departed” speaks volumes, however. “The wicked flee when no man pursueth.”
What, Dr. Primrose? It’s not enough that the schismatics (as you call them) allow the remnant Jefferts-Schorians (as I call them) to keep all of their own real and personal property? And in your view, they should also generously hand over, as soon as the remnant group files its lawsuit against them, all of their real and personal property as well? And that should include, to boot, their own identity — meaning the name and seal by which they have been known for 200+ years? You appear to have a different understanding of “openness and generosity.” I would call it… Read more »
“I tell you that story because it’s indicative of attitudes we’ve seen here and in many other places. Somebody decides he knows the law, and oversteps whatever authority he may have to dictate the fate of others who may in fact be obeying the law, and often a law for which this local tyrant is not the judge. It’s not too far from that kind of attitude to citizens’ militias deciding to patrol their towns or the Mexican border for unwelcome visitors. It’s not terribly far from the state of mind evidenced in school shootings, or in those who want… Read more »
The schismatic lawrence grouping are just as liberal as TEC when it comes to pre gay developments…the diocese is riddled with divorce and re-marriage.Such is the stock that guards marriage for Anglicanism in the US!
They think that their quit claim scam will save the property, but they are in for a shock.
As with the Civil war, South Carolina fired the first shot..but ultimately they will be defeated.
” the union forever.. down with the traitors!” will yet resound again.
A.S. Haley, Well, TEC’s enactment of the Dennis Canon followed the form prescribed by the Supreme Court of the U.S. in Jones v. Wolf, and, according to the SC Supreme Court decision in the Pawlenty’s Island case, SC specifically ratified the Dennis Canon in 1987. So, yes, I think there’s a pretty serious likelihood that the Breakaway Diocese and its leadership (I’m trying to use a non-pejorative term) face, at a minimum, liability for breach of the fiduciary duties imposed by that trust. (The parish at Pawlenty’s Island had received its quitclaim deed decades before either event, so no interest… Read more »
It’s all horribly messy, but it certainly looks to me as if the Presiding Bishop had +Mark Lawrence in mind with “Somebody decides he knows the law” – the third person singular means it cannot be directed at the congregation at this point. And making a decision about the law is precisely one of the things +Lawrence did (and as far as I can tell was correct to do so, even if one might think his actual decision mistaken). If she really was comparing a bishop to a mass-murderer or terrorist, then that’s at best ill-considered. We’ll wait and see… Read more »
The name and seal do not in fact date back 200+ years. There was no “diocese” in the colonial or post-colonial period. I believe that much of the incorporation dates to the 1970s or thereabouts. The court will take all of the facts into account.
“I assume the schismatic diocese will continue to use the 1979 Episcopal Church Prayer Book.” (-dr.primrose) “The schismatic lawrence grouping are just as liberal as TEC when it comes to pre gay developments.” (RIW) Together, these quotes make what for me is the most troubling point in all this, and it is the distinction between the “Old Schism” of the 70s and the “New Schism” of our own day. Both formed in reaction to the dismantling of gendered requirements for the sacraments, but ACNA 1.0 rejected the new liturgies which reflected that dismantling and made its implementation possible. It didn’t… Read more »
I thought TEC would try the RICO route?
Perhaps the PB had all those “legal advisers” who have been so encouraging to the dissidents in mind when she made such a massive gaff.
My friends in a departing Pittsburgh parish were promised everything by all the enthusiasts, it seems they will actually have nothing – just good old Bob Duncan’s smile!
It’s a shame that all those whose advice proves false and leads people to break their hearts don’t have to pay the bills!
So we can all be confident that the more enlightened Judge 100 miles up the road in Columbia will rule in favor of TEC? We shall see.
Yes, I think the point of the PB’s pulpit illustration has nothing to do with the congregation before her. “Ill-considered” or “deplorable and bizarre speak” are within the range of descriptors.
News at T19 is that the national church reps of TEC decided to forego a court appearance to seek to vacate the Temporary Restraining Order. So now it is in effect until a trial. Sounds like they did not feel they had a better case in Columbia SC. We can wait to see what the national litigation team says from their side.
I would suggest that the supposed ad hominem of the Presiding Bishop could never measure up to what she has been called by the ‘loyal opposition’. One only has to trawl the record of ‘virtueonline’ to find the evidence of that. It is interesting to note that AS Haley – otherwise known as the ‘Anglican Curmdgeon’ is a lawyer, who has been know to vociferously criticise the P.B. One fact that is inescapable about the conduct of the former Bishop of South Carolina. M.Lawrence, is that he formally stated – before his episcopal ordination – that he would not take… Read more »
Are you saying that the PB is entitled to speak like this because her comments exist within a blog framework of ‘loyal opposition’ excesses?
Let’s hope that kind of logic does not take hold.
It was always clear that Mark Lawrence would end up in this pickle. Wasn’t it ?
I had no doubts – short of an (unlikely) miracle.
The timing , however, was unclear.
But hand it to him – it came quick !
Good to see the Presiding Bishop doing her stuff and presiding with fear or favour.
Your comment is confusing. The Episcopal Diocese of SC is just fine. As is +Mark Lawrence.
cseitz says: Your comment is confusing. The Episcopal Diocese of SC is just fine. As is +Mark Lawrence. I don’t know which comment is being referred to, but things are hardly fine in SC. Lawrence schemed and invested in legal teams to pull off a schismatic stunt. This stunt is forcing every Episcopalian to make difficult choices and many to separate from their faith communities. It certainly isn’t “just fine” if you are an LGBT teen. The suicide rate amongst this group is terrible, and being told that this upheaval is because of them would be horrible to bear. it’s… Read more »