[September 25, 2017] |
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Diocese of South Carolina Rebuts TEC Recusal and Rehearing Arguments
Today the Diocese of South Carolina (Diocese) filed our Replies, to the
Return by The Episcopal Church (TEC) to our motions for recusal
and rehearing
in the South Carolina Supreme Court, regarding its recent ruling in
Appellate Case No. 2015-000622.
Statement by the Rev. Canon (News - Alert) Jim Lewis:
"Today's filings by the Diocese of South Carolina address the property
law issues at the heart of this case. TEC failed to establish a trust
interest in property, of any sort, that can be recognized under 300
years of existing South Carolina legal precedent. And to claim such an
interest now is to grant TEC favored status against the Diocese and its
parishes, establishing one church body over another. This is
inconsistent with opinions of the United States Supreme Court that truly
"neutral" principles of state law must be applied as they would be in
any other case.
Further, the timeliness of our request for recusal is not an issue
before an appellate court. The public confidence in and the credibility
of the Court is! The most effective way to assure both is the recusal of
Justice Hearn and the vacating of her opinion. A ruling free from
conflict of interest is not a right that can be waived."
The Diocese also provided the following list of additional details:
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In 2012, the Diocese of South Carolina, along with 50 of its
congregations voted by an 80% margin to disassociate from The
Episcopal Church. In a complicated and sharply divided ruling
consisting of five separate opinions, the S.C. Supreme Court appeared
to rule on August 2 this year that parishes which had "acceded" to the
national church are subject to a trust interest in their property by
(TEC).
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Conclusion to today's Reply in Support of Motion to Recuse:
"The depth of Justice Hearn's connection to this case warrants her
disqualification pursuant to Canon
3E to ensure the promotion of public confidence in the
integrity of the Court and in this decision. Justice Hearn should
recuse herself and the Court should vacate her opinion."
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Conclusion to our Reply in Support of Motion to Rehear:
There is no basis under this Court's or the United States Supreme
Court's precedents or South Carolina trust law for the outcome that
the Court reached based on the principles the Court stated that it
applied. … The result reached by the majority… is incompatible
with South Carolina law.
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Over one hundred ten clergy from around the state of South Carolina,
representing 10 different denominations, have come together to express
their support for the Diocese and their concern for the
Constitutional issues raised by our Supreme Court ruling. "If one
religious group can be treated in this fashion today, there is good
cause for concern that others may fare no better in the future."
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The Rev. Jeff Miller, rector of St. Philip's, Charleston, the
mother-church of the Diocese, rightly describes
the consequence of the existing ruling. "Religious freedom in
these cherished, sacred spaces dating back to 1680 will be denied, and
these properties taken away. This freedom will be denied, not because
tens of thousands of parishioners have changed their beliefs, but
rather because they have not. Members of St. Philip's and the other
Diocesan congregations adhere to the faith of their fathers and
grandfathers, of great-grandfathers and great-great-grandfathers, the
historic faith of Christians as practiced for 2,000 years."
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The Justice in this ruling who provided the deciding vote is a member
of a TEC parsh, Diocese and its national church, who would be the
beneficiaries of a nearly $500 million property windfall if the
current ruling stands. That is a massive conflict of interest. It is
the responsibility of the judge, under
the South
Carolina Code of Judicial Conduct, to reveal that issue, not
for a party in the case to challenge the propriety of their actions.
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The expert affidavit testimonies of Nathan
M. Crystal, Professor and Adjunct Professor of Ethics at the
University of South Carolina and NYU Schools of Law and Lawrence
J. Fox, Professor of Ethics at Yale University are unanimous in
concluding the due process rights of the Diocese of South Carolina
have been violated by these actions and the only appropriate response
is for this Justice to be recused from further participation in this
case and their opinion vacated.
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As Justice Kittredge noted in his dissenting opinion, "The message
is clear for churches in South Carolina that are affiliated in any
manner with a national organization and have never lifted a finger to
transfer control or ownership of their property-if you think your
property ownership is secure, think again."
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Former Chief Justice Jean Toal, in her dissenting opinion, had this
observation to make about its impact on the property rights of the
Diocese of South Carolina. "The lead opinion in this case is
nothing less than judicial sanction of the confiscation of church
property masquerading as an attempt to promulgate a new deference rule
for determining title in this matter."
LINKS:
A copy of today's filed Replies can be found here:
http://www.diosc.com/sys/images/documents/tec/2017-9-25-reply-to-petition-rehearing.pdf http://www.diosc.com/sys/images/documents/tec/2017-9-25-reply-to-motion-to-recuse.pdf
A copy of the Diocese's filed Petition, Motion and Affidavits can be
found here:
http://www.diosc.com/sys/images/documents/tec/2017-09-01-petition-for-rehearing.pdf http://www.diosc.com/sys/images/documents/tec/2017-09-01-motion-to-recuse-and-vacate.pdf http://www.diosc.com/sys/images/documents/tec/crystal_affidavit_2017_8_29.pdf http://www.diosc.com/sys/images/documents/tec/fox_affidavit_2017_8_30.PDF
Supreme Court's Current Ruling and Video of Oral Arguments:
http://www.sccourts.org/opinions/HTMLFiles/SC/27731.pdf https://www.youtube.com/watch?v=Yu8CShvWcC8&feature=youtu.be
Judge Goodstein's Orders from Trial Court:
http://www.diosc.com/sys/images/documents/tec/15_2_3_final_order.pdf http://www.diosc.com/sys/images/documents/tec/goodstein_denies_reconsider_2_23_25.pdf
South Carolina Code of Judicial Conduct
Canon 2 - http://www.sccourts.org/courtreg/displayRule.cfm?ruleID=501.0&subRuleID=Canon%202&ruleType=APP Canon
3 - http://www.sccourts.org/courtreg/displayRule.cfm?ruleID=501.0&subRuleID=Canon%203&ruleType=APP
History of the Case and The Diocese of South Carolina:
http://www.diosc.com/sys/legal-media
A recent statement by over 110 clergy of 10 difference denominations
affirming our legal concerns:
https://www.palmettofamily.org/diocese-supporters/
The Statement by the Rector of St. Philip's, Charleston regarding the
potential impact of this ruling:
http://www.postandcourier.com/opinion/commentary/court-ruling-imperils-freedom-to-worship-sanctions-confiscation/article_45d05da6-9a1c-11e7-8bdd-db20e560504a.html
About the Diocese of South Carolina
The Diocese was founded in 1785 by the parishes of the former South
Carolina colony. Four years later the Diocese became a founding diocese
of the Episcopal Church. Based in the Lowcountry of South Carolina, the
Diocese is one of the oldest religious districts in the United States
and counts among its members several of the oldest, operating churches
in the nation.
The Diocese of South Carolina is a member of the Anglican Church in
North America (ACNA) and recognized by Anglican Dioceses and Provinces
around the world, many of whom have broken fellowship with The Episcopal
Church. In 2013 the Diocese joined the global Fellowship of Confessing
Anglicans and entered into a formal relationship of Provisional
Primatial Oversight with the Global South Primates. It was welcomed as a
member diocese of the ACNA in June 2017.
View source version on businesswire.com: http://www.businesswire.com/news/home/20170925006525/en/
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