Tuesday, January 6, 2009

California Supreme Court says breakaway parish can't take national church's property (Roundup)


Big News from California. This is from the LA Times. My understanding is that Pennsylvania property law is similar to that of California. More links to other stories follow -

Reporting from San Francisco and Los Angeles -- Rebellious congregations that part ways with their denominations may lose their church buildings and property as a result, the California Supreme Court said Monday in a unanimous ruling.

The state high court decision came in a case involving the Episcopal Church, but lawyers said it would apply to other denominations as well.

Several Protestant denominations, including United Methodists and Presbyterians, have faced upheaval over gay rights issues. Monday's ruling, along with similar victories that the church leadership has won in other states, is expected to dampen enthusiasm for such separations.

In a decision written by Justice Ming W. Chin, the court said the property of St. James Anglican Church in Newport Beach was owned by the national church, not the congregation. The congregation split away after the national church consecrated a gay man, V. Gene Robinson, as bishop of New Hampshire in 2003.

"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Chin wrote for the court.

http://www.latimes.com/news/printedition/california/la-me-episcopal6-2009jan06,0,1820285.story

Reuters-

http://www.reuters.com/article/domesticNews/idUSTRE5045IF20090105

Associated Press -

http://www.google.com/hostednews/ap/article/ALeqM5jr6G76cGuIzNG9hWbFeSkICsYDfwD95HCAU80

Washington Post-

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/05/AR2009010503142.html

Palm Springs Desert Sun

http://www.mydesert.com/article/20090106/NEWS01/901060318/1026/news12

Fresno Bee-

http://www.fresnobee.com/local/story/1108468.html

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