Thinking Anglicans

Archbishop of Canterbury: media rumours grow strongly

Updated Thursday morning

Newspapers are now reporting Justin Welby’s appointment as a fact.

The Times is behind a paywall, but the article by Ruth Gledhill for tomorrow’s paper is headlined: Justin Welby, Bishop of Durham, to become Archbishop of Canterbury, and opens with

The Bishop of Durham will be announced as the new Archbishop of Canterbury tomorrow.

The Telegraph has Bishop of Durham Justin Welby to be Archbishop of Canterbury by John Bingham and Jonathan Wynne-Jones.

… Last night a spokesman refused to confirm his appointment. But it came a few hours after he pulled out at short notice from a planned appearance on the BBC Radio 4 discussion programme Any Questions due to take place in County Durham on Friday.
He also cut short a retreat with diocesan staff and returned to the capital where it is understood his wife is travelling down to join him tomorrow…

Lizzy Davies at the Guardian has Justin Welby set to be named as new Archbishop of Canterbury

Justin Welby, the Bishop of Durham, is expected to be unveiled as the next Archbishop of Canterbury within days as Lambeth Palace prepares to break weeks of silence on the identity of Rowan Williams’s successor…

Updates

Daily Mail Steve Doughty Former oil boss who opposes same sex marriage emerges as favourite to become next Archbishop of Canterbury

Martha Linden Press Association via Independent Bishop of Durham ‘to become Archbishop of Canterbury’

BBC Justin Welby ‘to be named as new Archbishop of Canterbury’

Guardian Andrew Brown and Lizzy Davies Justin Welby: an archbishop who could do the business

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women bishops: Affirming Catholicism supports the Measure

Affirming Catholicism has published this Statement on the Measure to admit Women to the Episcopate to be debated at General Synod November 2012. It concludes:

…Affirming Catholicism recognises that this Measure represents a compromise by people on all sides of this debate. Many of those who support the ordination of women to the priesthood and the episcopate would have preferred a Measure with fewer provisions for those who do not accept the sacramental ministry of women. Many of those who do not accept the sacramental ministry of women would have preferred more robust structures. Affirming Catholicism welcomes the fact, that unlike suggestions for a separate province or society for those who cannot in conscience accept the sacramental ministry of women, the Draft Measure preserves the parochial and diocesan structures of the Church of England, preventing the creation of parallel Church of England jurisdictions in the same place. And the voting in Diocesan Synods would suggest that the vast majority of their members also support this way forward.

Affirming Catholicism strongly affirms the basic assumptions upon which the Draft Measure is based and hopes that General Synod will now vote for the Measure, recognising that in doing so it is enacting the will of the Church of England.

The full text of the statement is reproduced below the fold.

(more…)

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Archbishop of Canterbury's Final Presidential Address to ACC-15

ACNS has published this press release: Archbishop of Canterbury: “Beware the danger of becoming less than we aspire to be as a Communion”.

The full audio recording is available to download here.

The full text of the address is now also available here.

In his final Presidential address, the Archbishop of Canterbury this evening told the Anglican Communion not to accept second best, but to seek a balance between corrective authority and enabling authority while still doing God’s work.

Speaking in St Mary’s Church, Archbishop Williams said the fellowship of Anglican churches worldwide needed to “be aware of the danger of becoming less than we aspire to be as a Communion.”

“I think that we do aspire to be a consensual catholic and orthodox family,” he told the members of the Anglican Consultative Council gathered for evening prayer. “I believe we do aspire to be a family that lives in mutual respect and recognition. And to step back from that simply into a federal model…doesn’t seem to me to be the best and the greatest that God is asking from us as an Anglican family.”

Archbishop Rowan said he believed Anglicans have a message to give the Christian world about how they can be “both catholic and orthodox and consensual, working in freedom, mutual respect and mutual restraint; without jeopardising the important local autonomy of our churches.”

He stressed that the Anglican Communion needed to work on the convergence of the different schemes and systems present across the Member Churches, and find “a legal spirit, an ethos that they share by consent and exploration and discovery rather than by kicking the whole issue upstairs to some higher legal authority.”

Authority was a theme to which he returned time and again. He suggested that the Instruments of Communion should not only have reactive or corrective authority, but also enabling authority…

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Women Bishops: WATCH update "Majority of WATCH supporters want this Measure passed"

Update text corrected on Monday at noon

Following consultation with its members WATCH (Women and the Church) issued the following press release this morning.

WATCH (WOMEN AND THE CHURCH)

PRESS RELEASE: November 5th 2012
For immediate release

Majority of WATCH supporters want this Measure passed

WATCH (Women and the Church) has been consulting with members and supporters over the past few weeks to get a better sense of whether the draft legislation to allow women in the episcopate has the support of our constituency.

Immediately after the September meeting of the House of Bishops, our conversations revealed a very deep and passionate division between those who would continue to support the Measure and those who could not. It appears that over the past few weeks that position has changed.

Our recent consultation with members and others indicates three things:

1. That our supporters continue to have a number of reservations about the legislation: many expressed concern that by providing such generous provision for those opposed, we are storing up trouble for future years and risk entrenching a discriminatory culture that is deeply damaging to men, women and the health of the Church of England.

2. Despite these concerns, a significant majority of those who responded to our consultation would like to see this legislation pass Final Approval on 20th November: they think that the benefits of having women as bishops outweigh any risks inherent in the Measure.

3. There remains a strong minority view that this legislation is discriminatory and should therefore be opposed.

WATCH acknowledges that those with both views are sincere in their desire to see the full flourishing of women in the Church of England. We understand that individuals may feel compelled to vote in either direction on 20th November. However, the balance of opinion in our constituency is now firmly in favour of this legislation passing and we hope Synod members will take that into consideration in deciding which way to vote.

WATCH therefore welcomes the positive contributions of the Archbishop of Canterbury and others in seeking to persuade Synod members to support the legislation. We hope that other bishops will follow his strong lead. For details of Archbishop Rowan’s ‘Enough Waiting’ campaign please follow this link http://www.archbishopofcanterbury.org/.

We also commend the yes2womenbishops campaign initiated by the independent blogger Church Mouse to those who wish to see this legislation pass Final Approval on 20th November http://yes2womenbishops.blogspot.co.uk.

WATCH has worked tirelessly to ensure that the best possible legislation is presented to General Synod for Final Approval and will continue to engage with the legislative process beyond November whatever the result of the vote – especially in monitoring the development of the Code of Practice.

The Reverend Rachel Weir, Chair of WATCH said “What is on the table is the product of many years of consultation and detailed drafting work. Now is the time for Synod members to decide whether this legislation is a workable basis for going forward together. It is clear that the majority of WATCH supporters feel that, although not ideal, this package is ‘good enough’ – an acceptable next step on a continuing road towards a Church that fully values and celebrates the gifts of women.”

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yes2women bishops: another new website

Another new website has been launched: YES 2 women bishops

An unofficial website promoting a YES vote in favour of women bishops in the November 2012 meeting of the General Synod of the Church of England

It describes itself thus:

This site was created by The Church Mouse. It is completely independent of the Church of England, and all organisations within it. Whilst it is supportive of Rowan Williams’s “Enough Waiting” campaign, it is entirely separate.

Yes 2 Women Bishops is not an organisation, and has no leadership or members. It is simply a place for Church members to make their voice heard on this crucial issue.

The principal contributors to this website are The Church Mouse, Rebecca Swinson, Jody Stowell, and Vicky Beeching.

The Archbishop of Canterbury has initiated a campaign to this end, called Enough Waiting.
This provides many of the arguments in favour of a YES vote on November 20th. We do not intend replay the arguments for and against on this site, but merely to provide a place for supporters of women bishops to voice that support in the run up to the November meeting of General Synod and to urge them to vote YES to women bishops.

There are many ‘special interest groups’ who have been around for many years loudly voicing their positions. Groups representing particular wings and factions within the Church have made their views known and the arguments have been played out in agonising detail.

Yet there has been no attempt to let ordinary church members voice their opinions. Surveys have been clear that the vast majority (around 75-80%) of the Church, and the public at large, want women bishops. We now have a formula for allowing that to happen, whilst providing statutory and legally binding provision for alternative oversight for those who cannot accept women bishops.

This site does not intend to replay the arguments for and against. It is simply a place for those who have decided that they would like to General Synod to pass the legislation to allow women bishops in November to urge them to do so.

A press release has now been issued which is copied below the fold.

(more…)

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opinion for All Saints tide

James Martin writes in The Huffington Post that The Saints Were, Yes, Funny.

Theo Hobson writes in The Guardian that Rowan Williams got it right about ritual.

Andrew Brown writes in The Guardian Stonewall’s ‘bigot of the year’: careful with overusing that word.

He has also written this: Wanted: new archbishop of Canterbury – must have plans to fill the pews.
[The Bishop of Lincoln has issued a message relating to this article; it is item 2 here.]

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RC adoption agency loses fourth appeal

Updated again Sunday

The fourth appeal was heard in September, and reported here: Upper Tribunal hears fourth appeal by RC adoption agency.

Today the tribunal delivered its verdict, and unsurprisingly, the adoption agency lost again.

The full judgment can be found as a PDF file here.

Third Sector Adoption agency cannot change its objects to exclude gay couples, tribunal rules

The adoption agency Catholic Care cannot change its objects to exclude gay couples from using its adoption service, the Upper Tribunal ruled today.

The Leeds-based charity, which arranges around five adoptions a year, had appealed against a ruling in the charity tribunal that it could not restrict its service to heterosexual couples.

But the Hon Justice Sales, sitting alone, ruled that the lower tribunal’s decision was correct. He wrote in his judgment: “Notwithstanding some criticisms that can be made about the first tier tribunal’s reasoning, I am satisfied that the conclusion it came to is correct in law and that this appeal should be dismissed.”

The charity had argued that its desire to restrict its services was in line with section 193 of the Equality Act 2010. The section allows discrimination on the grounds of sexuality if this is “a proportionate means of achieving a legitimate aim”.

But the first-tier tribunal found that there must be “particularly weighty” reasons to justify discrimination on the basis of sexual orientation.

The charity argued that donors would stop supporting it if it allowed same-sex couples to use its adoption service, but the tribunal ruled that the charity had not demonstrated that this would be the case.

The charity first appealed in 2008 against an initial decision by the commission that it could not change its objects…

Catholic Herald Catholic Care loses its 5 year legal battle

Mail Online Catholic adoption agency loses five year legal battle over its refusal to accept gay couples

Updates

An excellent summary of the judgment can now be found at UK Human Rights Blog written by Rosalind English Upper Tribunal confirms illegality of Catholic Charity’s ban on same-sex couple adoption.

A further analysis of the history of this case has been published by Frank Cranmer at Law & Religion UK Catholic Care: can an adoption agency restrict its services to heterosexual adoptive parents?

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Children and the distribution of Holy Communion

Women Bishops and the Anglican Communion Covenant are not the only items of business at this month’s General Synod. There is also this diocesan synod motion from Southwell and Nottingham, which will be debated on the morning of Wednesday 21 November.

“That this Synod request that Canon B 12 and the Regulations taking effect under it be amended so that:

(a) the Holy Sacrament may be distributed by any authorized regular communicant (including children admitted to the Holy Communion under the Admission of Baptised Children to Holy Communion Regulations 2006);

(b) if the diocesan bishop agrees, the necessary authorization may be given in relation to any parish by the incumbent, priest in charge or (during a vacancy) rural dean; and

(c) no person shall be authorized to distribute the Holy Sacrament without the support of the parochial church council of the parish or, where the Holy Communion is celebrated in a school and the person concerned is a child, of the head teacher of the school.‟

There are background papers from the Bishop of Southwell and Nottingham (GS 1881A) and the Secretary General (GS 1881B). It is clear from the first of these papers that the prime purpose of this motion is to allow (some) unconfirmed children to distribute holy communion.

David Pocklington of the Law & Religion UK blog has summarised these papers and added his own comments in this article: Children, Confirmation and Communion?

The full texts of the 2006 regulations and Canons B 12 and B 15A referred to above are available online.

Admission of Baptised Children to Holy Communion Regulations 2006 are available here (Word document) and here (web page).

Canon B 12 Of the ministry of the Holy Communion

Canon B 15A Of the admission to Holy Communion

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A Christian case for Equal Marriage

Ekklesia has published a research paper by Savi Hensman titled Should equal marriage be rejected or celebrated by Christians?

The full paper can be downloaded as a PDF file here.

The paper is a response to Gay marriage and the future of human sexuality by John Milbank published last March.

The possibility of opening up marriage in Britain by law to same-sex couples has been criticised by some Christians but welcomed by others. One of the more thoughtful critics is theologian John Milbank, who has eloquently expressed some common arguments against change. This response by Savi Hensman suggests that, while he raises important issues, his analysis is ultimately flawed. Taking into account such topics as tradition, sexual ‘complementarity’, childbearing and sacrament, there is a strong case for equal marriage.

Two other papers by Savi Hensman have been published at the same time:

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Bishop of Leicester opposes religious homophobia

The Bishop of Leicester, The Right Reverend Tim Stevens, spoke in the House of Lords on 25 October in a debate on homosexuality in the developing world.

The full text of his speech can be found here in Hansard.

An edited version was published at Cif belief under the headline There is no place for homophobia in the church, anywhere in the world.

…Others in this debate have rehearsed the ways in which laws criminalising same-sex sexual activity between adults have been repeatedly found in international law to violate fundamental human rights, and this debate serves also to highlight effectively the way in which criminalisation gives rise to persecution. I want, however, to concentrate on the way in which discriminatory interference in the private sexual conduct of consenting adults is an affront to the fundamental Christian values of human dignity, tolerance and equality.

It is of course no secret, as others have made clear, that on the ethics of homosexual practice the churches in general and the Anglican communion bishops in particular are deeply divided, but that cannot and must not be any basis for equivocating on the central issue of equality before the law of all human beings whether heterosexual or homosexual. Further, many of us who are bishops in this country value and treasure our links with particular dioceses around the Anglican communion. We respect and appreciate the different, and often sharply divided, theological approaches which lead to different stances on the ethical issues. But, as the Lambeth conference of 1998 made clear, there is not and cannot be any place for homophobia in the church, and all are to be welcomed regardless of sexual orientation…

And he continued:

…Many people the world over are now asking the churches to put their position beyond all doubt, by saying simply and clearly that criminalisation is wrong. I will put my position beyond all doubt by stating it in as clear terms as I can. If criminalisation leads, as it evidently does, to gay people concealing their own identity, that must be wrong; if criminalisation leads to many living in fear, that must be wrong; if criminalisation leads to the prospect of persecution, arrest, detention and death, that must be wrong; and if criminalisation means that LGBT people dare not turn to the state when facing hate crimes and violence, that must be wrong too.

It is within the adult lifetime of most of us in this House that the law was changed in this country to decriminalise homosexual acts. However, for our children’s generation, such a state of affairs must feel like ancient history – as appropriate to the moral climate of today’s society in this country as the burning of witches. We must all urgently pursue this journey to a completely new climate in those many countries of the world where same-sex relations are criminal offences…

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GAFCON supports South Carolina

Following on from here,

GAFCON Primates Write in Support of Bishop Lawrence

…During our meeting last week in Dar es Salaam we took time to pray for you and the clergy and people of the Diocese of South Carolina. We are encouraged by your faithfulness to the Bible and rejoice in your clear stand for the Gospel.

We are grieved, however, by the attitude and actions of the leadership of The Episcopal Church and their efforts to demand canonical obedience through unjust means to their ungodly agenda. As we have made clear in the Jerusalem Declaration we reject their authority and call on them to repent and return to the Lord.

Please know that we continue to recognize you as a faithful Anglican bishop and the Diocese of South Carolina as part of the One, Holy, Catholic and Apostolic Church….

and in this October Pastoral Letter there was an express mention of South Carolina:

…As a result of the increased aggressiveness of the revisionists there are now those in every province and beyond who wish to stand with us and who need our help to stand for Christ: in Recife (Brazil), in South Carolina, in the Church of Scotland, in Ireland, in England, in Australia and many more. We received reports from various FCA affiliates and rejoice in their faithful witness in the face of tremendous pressure and were delighted to receive an application for the establishment of an FCA affiliate in Australia.

We were also reminded of the need for prayer for those who will gather in Auckland, New Zealand, for the meeting of the Anglican Consultative Council. In particular we prayed that they will avoid compromise and have the courage to declare boldly the Gospel of Jesus Christ that is good news for all people at all times and in all cultures…

And there was this letter from the UK.

A group called South Carolina Episcopalians has a different take on events. See for example, this Frequently Asked Questions page.

The Living Church has just published this article by Mark McCall titled Dumbing Abandonment Down. This needs to be read in full, but here’s an excerpt:

…To step back from the canonical fine print, the larger question is whether South Carolina intended to leave the Episcopal Church by these acts. The answer quite obviously is no. It is obvious for three reasons. First, even the disciplinary board never claims that the diocese either withdrew or attempted to withdraw from the Episcopal Church by these actions. It claims only that the modification of the accession clause violated the Episcopal Church’s Constitution. But South Carolina’s legal counsel correctly advised the convention before it voted on these resolutions that seven dioceses have no accession clause at all and another 15, like South Carolina after the 2010 vote, accede only to the Constitution.

Second, the advocates of the resolutions, including Bishop Lawrence, said explicitly on the floor of the convention that “we are not deciding to leave the national church by passing these; in no way are we deciding that” (the Very Rev. John B. Burwell) and “we are called to resist what many of us believe is a self-destructive trajectory within the Episcopal Church; and to resist until it is no longer possible” (Bishop Lawrence).

Third, South Carolina has continued to participate in the life of the Episcopal Church since these resolutions were passed two years ago, including participating in the House of Bishops and General Convention. It is puzzling how bishops who sat next to Bishop Lawrence at General Convention in July could then vote in September that he had abandoned the church back in 2010…

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Bishop of Ebbsfleet moves to Fulham

The Right Reverend Jonathan Baker the current Bishop of Ebbsfleet (one of the two provincial episcopal visitors in the Canterbury province) is to become the Bishop of Fulham, a suffragan see in the Diocese of London, and which has customarily had a similar role to that of a PEV.

10 Downing Street: Suffragan See of Fulham

Diocese of London: New Bishop of Fulham announced

Lambeth Palace has published: Archbishop welcomes appointment of new Bishop of Fulham

…A process of consultation to identify Bishop Baker’s successor as Bishop of Ebbsfleet will begin within the next few weeks, which will be completed by the next Archbishop.

Update
Forward in Faith has this announcement.

Earlier this month it was announced that the new Bishop of Whitby (a suffragan see in the Diocese of York, which also in recent years has been held by someone opposed to the ordination of women) will be The Reverend Philip North.

10 Downing Street: Suffragan See of Whitby

Diocese of York: New Bishop of Whitby

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Towards a new diocese for West Yorkshire and the Dales

We reported last month that the Dioceses Commission was to proceed with its plans to amalgamate the dioceses of Bradford, Ripon & Leeds and Wakefield.

The Dioceses Commission has today released details of its draft scheme and these are summarised in the press release which is copied below. The full dream scheme and supporting documents are available here.

Towards a new diocese for West Yorkshire and the Dales
29 October 2012

Dioceses Commission announces details of draft scheme

The Dioceses Commission has today released details of its draft scheme to reorganise Church of England structures in West Yorkshire and the Dales. The overall proposal, approved last month, is to replace the existing three dioceses and create a new single one. Today’s report explains in more detail how, if approved, that would work.

The draft scheme was drawn up after consultation across the three dioceses; Bradford, Ripon & Leeds and Wakefield. The Commission concluded from this that a new single diocese would be the best way to meet the challenges and opportunities of the region.

The scheme, to be voted on by each diocesan synod in March, provides a legal framework which would enable the following to happen:

Creating one new diocese of Leeds, also to be known as the Diocese of West Yorkshire and the Dales.

Appointing the Bishop of Leeds in overall charge of the new diocese (the bishop will also be area bishop for Leeds)

Having bishops in each of the five areas (Bradford, Huddersfield, Leeds, Ripon and Wakefield), dedicated to the parishes in their area and therefore more closely in touch.
Retaining the cathedrals on a co-equal basis. Any possible future changes in staffing at the discretion of the diocesan bishop.

Ensuring that the new Bishop of Leeds has permission if needed, to designate Leeds Parish Church (now known as Leeds Minster) as a pro-cathedral

Providing a framework for the new diocese to decide its own organisational structure and ways of working. The Commission anticipates that this will allow the new diocese to make savings that it can reinvest in mission

If approved the Commission recognises the importance of having a Bishop of Leeds in place as soon as possible (which is a matter for the Crown Nominations Commission chaired by the Archbishop of York), to provide the necessary leadership for the new diocese. Once overall timings are approved by Archbishop of York, detailed matters will be for the new diocese itself to resolve

A few parishes will come under neighbouring dioceses and therefore be outside the new diocese: but the day to day life and worship of those churches will not be affected (see Annex C of report).

Professor Michael Clarke chair of the Commission, said “The main concern of the Commission has always been about how to best resource mission in the area and our consultation has shown that a single scheme is the best way forward. We hope that the Diocesan Synods will approve the scheme and take up the challenge of developing their vision for the new diocese. This is a once in a generation opportunity which we believe must not be lost.”

Read the pastoral letter for parishes

The Bishop of Bradford, the Rt Revd Nick Baines, said: “I welcome this scheme for a new diocese for West Yorkshire and the Dales. A single, larger diocese would help the Church of England thrive and meet the challenges of the 21st century in this part of Yorkshire. The smaller episcopal areas would bring a greater sense of belonging and local identity, and the day-to-day life of the parishes would be strengthened by increased strategic resourcing; for example, we’d all have access to a greater range of expertise and experience. I am convinced we would be more than the sum of our parts.
“This is an unprecedented and imaginative move on the part of the Church of England and we have the opportunity locally to create and shape the detail in order that the church can serve the region in the best way possible.”

The Bishop of Ripon & Leeds, the Rt Revd John Packer, said: “”I very much welcome the way the Commission has emphasised the mission opportunities which the new diocese will present. I am particularly pleased that the parishes of the city of Leeds will come together in a single episcopal area as this will enhance our ministry to the whole city. I also believe that the new northern archdeaconry will have a great opportunity to concentrate on the opportunities and challenges with which the rural church now engages. I look forward to the discussions leading up to the Synod vote in March and to a wide debate on the mission opportunities with which we are presented.”

The Bishop of Wakefield the Rt Revd Stephen Platten, said: “The publication of this report ends the uncertainty about the precise recommendations of the Commission and we are very grateful for that. We now look forward to a lively and informed debate within all three dioceses as we prepare for the final vote on these proposals.”

There are notes to the press release below the fold.

(more…)

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Conciliation sought for bishops involved in property disputes

There is an article for Episcopal News Service which reports a development for which there is as yet no official statement at all from The Episcopal Church: Reference panel recommends conciliation with 9 bishops.

An Episcopal Church reference panel has apparently recommended seeking “conciliation” with nine bishops (five active and four retired) after two complaints were filed earlier this year about their involvement in property litigation in two dioceses.

According to information circulating on some blogs, the reference panel unanimously decided that the complaints would proceed with conciliation pursuant to Canon IV.10 of the Episcopal Church’s Constitution and Canons.

Conciliation, according to the canon, calls for seeking a resolution “which promotes healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among the complainant, respondent, affected community, other persons and the church.”

An earlier ENS report in July by Mary Frances Schjonberg was headlined Disciplinary process set to begin on complaints against nine bishops.

The more recent article summarises the complaints thus:

In one instance, the complaint concerns the fact that seven bishops endorsed an amicus curiae or “friend of the court” brief prepared by the Anglican Communion Institute, Inc. in the pending appeal of a court ruling involving the Diocese of Fort Worth and the bishop, clergy and laity who broke away from that diocese in November 2008.

The brief objects to the trial court’s ruling that told the dissidents to return “all property, as well as control of the diocesan corporation” to the Episcopal leaders of the diocese.

Those named in the Fort Worth complaint are retired Diocese of Texas Bishop Maurice M. Benitez, retired Diocese of Central Florida Bishop John W. Howe, Diocese of Dallas Bishop Suffragan Paul E. Lambert, Diocese of Albany Bishop William H. Love, Diocese of Western Louisiana Bishop D. Bruce MacPherson, Diocese of Springfield Bishop Daniel H. Martins, and Diocese of Dallas Bishop James M. Stanton.

MacPherson is also named in the other complaint, along with retired Diocese of South Carolina Bishop Edward L. Salmon, Jr. and retired Diocese of Springfield Bishop Peter H. Beckwith. Matthews e-mailed them to say that a complaint has been received against them because they signed affidavits opposing to a motion for summary judgment made by representatives of the Diocese of Quincy and the Episcopal Church in the fall of 2011 to secure diocesan financial assets from a group that broke from the diocese in November 2008.

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Good news for Zimbabwe Anglicans

USPG reports Zimbabwe court has good news for Anglicans.

Anglicans in Zimbabwe are celebrating a favourable court ruling that will give back the legal ownership of church properties.

Ex-communicated bishop Dr Nolbert Kunonga and his colleagues have taken control of Anglican properties in the Dioceses of Harare and Manicaland, forcing Anglican congregations to worship in the open air or in borrowed or rented buildings.

But, today, Zimbabwe’s Supreme Court ruled that properties in Manicaland should be returned to the Anglican Church. And a decision on Harare will be made in three months…

And Bishop Chad Gandiya sent the following message:

Warm greetings from very hot Harare! I want to thank you all very much for your prayers.
Our Supreme Court hearing took place this morning (from 9.30am to close to 13pm), and finished all the matters.
Most of the Kunonga appeals including that of Manicaland [claims on Anglican property in the Diocese of Manicaland], were thrown out. So, for Manicaland, we go back to Justice Bhunu’s judgement, which was in our favour (congratulations to Bishop Julius Makoni of Manicaland!).
The Harare matter was heard and the judges reserved judgement. They will notify us in due course (within three months I am told).
I am very pleased that it’s over so quickly. It went very well and we are happy the way it went.
This does not mean for you stop praying. Please continue to pray as the judges write down their judgement.
The end is in sight now. Praise God!’

Other news reports:

ZimEye History as Bishop Kunonga loses multiple High Court cases

SW Radio Africa via AllAfrica Zimbabwe: Court Rejects Kunonga Appeals in Anglican Property Row

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More about the Diocese of South Carolina

See our recent reports, here, here, and here.

In the past week, there have been these developments:

The diocese has published this FAQs About the Assault on the Diocese of South Carolina, also available as a PDF.

GlobalSouthAnglican published a Letter from the Global South Primates Steering Committeee to Bishop Mark Lawrence.

This is also reported by ENS as Two primates write letter in support of South Carolina bishop.

ACNA published An Open Word of Encouragement to the Bishops, Clergy and People of the Diocese of South Carolina.

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Anglican Consultative Council opens in Auckland

Updated 30 October

The Anglican Consultative Council is currently meeting in Auckland, New Zealand. That link leads to all the official press releases, podcasts, videos, and photographs from the Anglican Communion News Service.

ACC welcome: Once in a lifetime event

More material is available here.

Episcopal News Service also has extensive coverage: for example Consultative Council gets challenging welcome from New Zealanders.

Earlier the Standing Committee met, and issued this bulletin.

Updates
The agenda for the meeting can be found as a PDF here.

Audio of the press conference held on 29 October is here.

Opening speech by the Secretary General is reported here. There is some discussion in that of who is attending and the full list of members (and alternates where attending) is over here.

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opinion

Graham Kings writes for Fulcrum about Jewel’s Gem: Reflections on the 450th Anniversary of Bishop John Jewel’s Apologia.

Miranda Threlfall-Holmes asks What is Christian Feminism?

Nelson Jones in the New Statesman about What the church owes to secular feminism.

Giles Fraser writes in The guardian that Confusion may cause us anxiety, but it is a rational reaction to life’s mysteries.

Savi Hensman has written a paper on the Journey towards acceptance: theologians and same-sex love for Ekklesia.

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the meaning of "respect"

One of the General Synod papers issued today is GS 1708-09ZZZ which describes how the House of Bishops reconsidered clause 5(1)(c) in the women bishops legislation. It also includes the following legal advice on the meaning of the amendment to clause 5(1)(c) (which was the fourth one they considered) actually adopted by the House.

Legal advice given to the House of Bishops on the fourth of the proposed amendments to clause 5(1)(c)

1. The amendment would substitute the following for the present clause 5(1)(c):

(c) the selection of male bishops and male priests in a manner which respects the grounds on which parochial church councils issue Letters of Request under section 3,”.

2. The effect of the amendment would not merely be to require that guidance be given on the issue of the selection of male bishops and male priests: like some of the other possible amendments, it would impose a requirement as to the end to which that guidance is directed – in this case, that the selection of male bishops and male priests be such as to respect the grounds on which PCCs issue Letters of Request under the Measure.

3. The effect of the use of the word ‘respect’ in that context is to require the Code of Practice to give guidance to the effect that, in selecting a male bishop or male priest, the person(s) making the selection would need to seek to address, or accommodate, the grounds on which a PCC has issued its Letter of Request. They could not simply fail to give effect to those grounds at all, even if they considered that there were cogent grounds for doing so.

4. The effect of the use of the word ‘respect’ in that regard can be helpfully contrasted with the effect of other expressions which have been canvassed in discussion of possible amendments:

  • Guidance under which those making the selection were to ‘respect’ the relevant grounds of theological conviction would have a less prescriptive effect than guidance under which they were to select a male bishop or priest in a manner ‘consistent with’ such grounds: in the latter case, they would need to select a bishop the selection of whom would be compatible with those grounds.
  • Guidance under which those making the selection were to ‘respect’ the relevant grounds of theological conviction would have a more prescriptive effect than guidance under which those making the selection were to ‘take account of’ or ‘have regard to’ such grounds: in either of the latter cases, whilst those making the selection would have to take the grounds of conviction into account, they could nonetheless lawfully select a male bishop or priest the selection of whom would be incompatible with those grounds provided they had ‘cogent reasons’ for making that selection.

5. The analysis set out above is reflected in the illustrative draft wording that has been produced to show what the Code of Practice might say about the selection of male bishops were this amendment to be made to the Measure: it states that “In making the selection of the bishop who is to exercise episcopal ministry by delegation the diocesan bishop should seek to accommodate [my emphasis] the parish’s concerns relating to holy orders and the exercise of ordained ministry of women so far as those matters are relevant to the grounds of theological conviction as to the consecration and ordination of women on which the PCC issued its Letter of Request.

6. It would be open to the House, if it wished to do so, to include more detailed guidance in the Code as to what would be involved in order to ‘respect’ the grounds on which a PCC had issued its Letter of Request.

7. As to the use in the amendment of the word ‘grounds’, the grounds in question are those on which PCCs issue Letters of Request under clause 3 of the Measure – ie ‘grounds of theological conviction’. By necessary implication those grounds are limited to grounds as to the consecration or ordination of women. (It is implicit in clause 3 that, by allowing a parish to ask for a male bishop or priest, a PCC is allowed – and only allowed – to issue a Letter of Request on grounds of theological conviction as to the consecration or ordination of women.)

8. Thus the guidance required to be given by the amendment would have to be limited accordingly – that is, it would have to make it clear that the grounds which the selection of male bishops are to ‘respect’ were limited to grounds of theological conviction as to the consecration or ordination of women. The illustrative draft wording that has been produced to show what the Code of Practice might say about the selection of male bishops were this amendment to be made to the Measure reflects that position.

Stephen Slack
11th September 2012

Chief Legal Adviser
The Legal Office
Church House
Westminster

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Women Bishops – what happens after November

The papers sent to General Synod members today include GS Misc 1034: Consecration of Women to the Episcopate: Future Process. In it the Secretary General outlines what will happen after the debates next month on the legislation to allow women to be bishops; he considers both the cases of the Measure receiving final approval and being defeated. I have copied this below the fold.

The paper also includes a note, written by the Legal Office, of the stages required to bring the legislation into effect once it has received final approval from General Synod.

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