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Strike 2: The Episcopal Church loses again, this time in Quincy
A diocese cannot leave argument holds no water with Illinois court
By Mary Ann Mueller
VOL Special Correspondent
www.virtueonline.org
September 10, 2013
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QUINCY, ILLINOIS --- For the second time in as many weeks, The Episcopal Church has been handed a devastating blow in its unrelenting quest to bring realigning dioceses to their knees with intimidation, legal warfare, litigation, and the draining of diocesan resources. Illinois Adams County Eighth Judicial Circuit Court associate judge the Hon. Thomas J. Ortbal ruled on Sept. 9 in case number 09-MR-31 (Diocese of Quincy vs. The Episcopal Church) that there is no provision in the Constitution and Canons of The Episcopal Church that expressly prohibits a diocese withdrawing from The Episcopal Church. He rejected the claim that The Episcopal Church is a thoroughly hierarchical structure from the General Convention through the diocese and down to the local parish.
This has been the on-going mantra of The Episcopal Church: that individuals can leave the church but dioceses and parishes cannot and that The Episcopal Church is hierarchical in nature with General Convention being the ultimate definitive authority. But that spoken mantra has not been written into canon law. The first time that the word hierarchical appeared in canon law was in the 2009 revamp of Title IV.
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After hearing all the arguments on both sides, carefully reviewing the documents, briefs, motions and case law, and thoroughly studying The Episcopal Church's Constitution and Canons, Judge Ortbal has determined: "There is no provision in TEC's Constitution or Canons which require prior approval of a diocesan constitution or its canons. There is no express prohibition against withdrawal of a diocese.
"In sum, reviewing the governing documents from a secular perspective, there is no explicit or clearly delineated expression of TEC's claim that the General Convention is the ultimate authority or judicatory of the Church," he writes in his findings.
During the spring, Judge Ortbal spent nearly three weeks listening to attorneys for the plaintiff - ACNA Missionary Diocese of Quincy (DOQ) - and attorneys for the defendants - The Episcopal Church (TEC) and the Episcopal Diocese of Quincy (EDQ) -- argue the case.
The Episcopal Church's chief litigator, David Booth Beers was on hand for the bench trial which was held in Courtroom 2B of the Adams County Courthouse. The judge was swamped with paper in the form of motions, briefs, documents, research and opinions.He complained during the course of the bench trial, "This trial has been nothing but opinions."
This was not the first time that Judge Ortbal has ruled on the issues presented to his court by The Episcopal Church. In December 2011, the judge denied granting The Episcopal Church a summary judgment in the case based on hierarchical claims forcing the case to go forward to bench trial.
In his 2011 Summary Judgment, he ruled: "In summary, although evidence of a hierarchal character of TEC is substantial, factual issues exist on the present record, which preclude granting motion of summary judgment. Finally, even if ultimately it is determined that TEC and the Diocese of Quincy a subordinate, dependent constituency and whose leadership is an ecclesiastical issue to which this court must defer, that would not entirely resolve the dispute. The circumstance of the hierarchical structure of government of a church does not preclude a civil decision respecting a property dispute ..."
Three retired Episcopal bishops Ed Salmon (XIII South Carolina); Peter Beckwith (X Springfield); and Bruce MacPherson (III Western Louisiana) ran into trouble when they willingly signed affidavits opposing a motion for summary judgment made by representatives of the Episcopal Diocese of Quincy. The bishops were charged under the revamped Title IV canons when Episcopal Diocese of Quincy clergy Canon James Clement and Dean Robert Demon, and standing committee members Canon John Blossom, Christine Barrow, Tobyn Leigh, and Janna Haworth filed a Title IV complaint.
Eventually, the bishops were forced to capitulate and sign an accord expressing "regret for any harm to the bishops, clergy and laity of the diocese resulting from their acts," as well as help pay for the costs associated with the conciliation process.
Six other bishops, John Howe (III Central Florida-retired); James Stanton (VI Dallas); Paul Lambert (Dallas-Suffragan); William Love (IX Albany), Daniel Martins (XI Springfield); and Maurice Benitez (VI Texas), also ran into the same Title IV buzz saw when they signed a 2009 Amicus brief in the Diocese of Fort Worth on-going litigation.
At the outset of the new ruling, Judge Ortbal reiterated his summary judgment finding: "The court previously found in denying TEC's motion for summary judgment and still finds that the 'neutral principles of law' standard sanctioned by Jones v. Wolf ... has been adopted in Illinois and is applicable to the present case.
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