California Court Hears Church Affiliation Case

Posted on: October 14, 2008

Justices for the California Supreme Court probed weaknesses in the legal arguments of lawyers from The Episcopal Church, the Diocese of Los Angeles, and the majority of members at a congregation formerly affiliated with the diocese during a one-day hearing on Oct. 8.

In questions to Eric Sohlgren, the lawyer for St. James’ Church, Newport Beach, Associate Justice Carol Corrigan asked about language in St. James’ articles of incorporation which “forever bound” the parish to the constitution and canons of The Episcopal Church. Mr. Sohlgren responded that the documents referred to a “spiritual promise” similar to a marriage contract and were never meant to convey ownership of real estate to the diocese. This prompted additional sharp questioning from several other justices.

The seven-member court also pressed James Shiner and Heather Anderson, the lawyers for the diocese and the national church respectively, as to why the State of California should treat church property disputes differently than others. “Why should we hearken back to a different time when religion had a different place in society?,” Justice Corrigan asked Ms. Anderson. “Why not treat everyone equally?”

Ms. Anderson responded that continuing a legal policy under which courts defer to the bylaws of hierarchical church denominations provides courts with guidance in understanding the principles of church government and helps ensure that church bylaws are enforceable.

Unlike the majority of states, which defer to hierarchical church bylaws on property disputes, California employs a neutral principle of law approach, relying heavily on the wording of the property deed and essentially treating church disputes over property like any other. In 1871, the U.S. Supreme Court in the case of Watson v. Jones held that courts must defer to the decision of the highest church authority in doctrinal disputes. In 1979, the court created an exception for property disputes in Jones v. Wolf.

St. James’ held title to its property in its name when a majority of the congregation voted to disaffiliate from The Episcopal Church. A lower court ruled in favor of the parish, which had refused a diocesan request to vacate the property. The Los Angeles appellate court reversed the lower court, finding in favor of the diocese, a decision which ran counter to other recent California appellate court rulings. A ruling by the state Supreme Court is expected within 90 days.

This article comes from The Living Church Foundation
http://www.livingchurch.org/

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