Information regarding the trial in the Circuit Court in Dorchester County
The trial took place July 8-25, 2014 in the Dorchester County Courthouse in St. George, SC. 
Judge Diane Goodstein announced it would be at least 90 days from the conclusion of the trial before a ruling could be expected.

About our diocese: The Episcopal Church in South Carolina is the recognized diocese of The Episcopal Church in eastern South Carolina, one of 110 dioceses that make up The Episcopal Church. It continues to be part of the Anglican Communion, of which The Episcopal Church is a province.

About the lawsuit: This action was filed by a breakaway group against local Episcopalians and The Episcopal Church. Originally filed in January 2013, it was brought by a number of plaintiffs, including a group operating as the “Protestant Episcopal Church in the Diocese of South Carolina” and some 36 parishes who say they have disaffiliated from The Episcopal Church.
Trial transcripts
Daily reports filed during the trial:
July 25, 2014 (Day 14)
The trial ended about 3 p.m. today. Judge Diane Goodstein thanked all parties for “a remarkable trial” and said she will not issue a ruling for at least 90 days.

Day 14 began just after 10 a.m. with testimony from Mark Lawrence, who was a bishop in The Episcopal Church from January 2008 until December 2012. He continues to serve as bishop of the breakaway group that is calling itself “The Protestant Episcopal Church in the Diocese of South Carolina” but has left The Episcopal Church.

On the witness stand, Bishop Lawrence recalled being interviewed as a candidate in the search that resulted in his becoming bishop. He said no one ever asked him if he would be willing to take the diocese out of The Episcopal Church. Asked if he had intended to take the diocese out of the church, he replied, “Absolutely not.”

He described a telephone meeting with Presiding Bishop Katharine Jefferts Schori on October 15, 2012, along with their respective chancellors, David Beers for the Presiding Bishop and Wade Logan for Bishop Lawrence. He said that was the first time he had been notified that a disciplinary board for bishops had heard a complaint against him and had issued a “Certificate of Abandonment of The Episcopal Church” against him. The Presiding Bishop informed him that she was placing a restriction on his ministry, as required by the Canons of the church. (The disciplinary action also gave the bishop 60 days to respond; he did not do so.)

The testimony then began to focus on whether Bishop Lawrence was properly served with paperwork for the Certificate of Abandonment and the Notice of Restriction; and whether correct procedures were followed on December 5, 2012, when the Presiding Bishop accepted his renunciation as bishop and removed and released him from ordained ministry in The Episcopal Church.

Mary Kostel, attorney for The Episcopal Church, again raised an objection to the court going into the question of whether church rules had been followed. The judge has ruled throughout the trial that under the First Amendment, courts are bound to accept the determinations of church authorities and not “go behind” such decisions.

But the judge permitted the testimony. “I want the record to be clear the reason this is important is for the purpose of the court’s ability to be able to determine whether the action that was taken by Bishop Lawrence pursuant to civil law in South Carolina were taken in his capacity as a managing agent,” she said.

Mr. Runyan spent some time at the podium addressing the judge about his theories on why the procedural questions were relevant. Mr. Beers objected: “He was making a speech and alleging a lot of facts about The Episcopal Church that are not in evidence.” The judge agreed: “I think you are exactly correct” -- but let Mr. Runyan go on for a while longer about whether The Episcopal Church had acted properly. 

Finally, the judge called a 30-minute recess to consider the matter. When she returned she began asking questions about whether Bishop Lawrence actually had any authority to act after November 17, the date when he publicly announced that he was no longer a bishop of The Episcopal Church. At that point, Mr. Runyan withdrew the question and moved on.

Bishop Lawrence was cross-examined briefly by Mr. Beers about the duties of a bishop; Tom Tisdale, Chancellor of The Episcopal Church in South Carolina, had no questions.

The final hours of the trial were spent entering documents and depositions into evidence and resolving objections that some of the 43 attorneys for the plaintiffs wanted to have preserved for the record.

A major issue to clear up was whether testimony given in depositions about the ordination vows taken by Bishop Lawrence and by Canon Jim Lewis would be considered. The Book of Common Prayer itself has been admitted into evidence. Ordination in The Episcopal Church, following the Book of Common Prayer, includes a promise to “solemnly engage to conform to the doctrine, 
discipline, and worship of The Episcopal Church.” Through that oath, Mr. Tisdale said, “They come into corporate authority.”

“It imbues them with the authority of the church to become a deacon, priest or bishop… they cannot act in those capacities without taking this,” Mr. Tisdale said. “It give them authority for everything they do… it’s part of the neutral principles consideration. It is a neutral principle.”

But the judge disallowed the statements Bishop Lawrence and Canon Lewis made about their ordination vows. “I think it’s ecclesiastic, and I don’t believe that the ordination ceremonies are intended to, nor will I consider them, as being neutral principles of law.” She agreed to allow those parts of the depositions to be admitted as a “proffer,” information that is kept in the record in the event of an appeal.

After a lunch break, the court hashed out a few more final details; the judge issued final instructions, and wrapped up the proceedings.

“Thank you all for a remarkable trial,” she said. “It has been one of the joys of my life to have spent this time with you. I look forward to the study that I get to embark on.” Then she dismissed the courtroom with the same instruction she gave many of the witnesses:  “And… run!”

July 24, 2014 (Day 13)

Thursday was set aside for rebuttal testimony by witnesses for the breakaway plaintiff diocese, but courtroom observers left the building talking about a tense and dramatic episode in which Judge Diane Goodstein grew so angry over a defense objection that she left the courtroom.

Court adjourned about 1:00 p.m. and will resume Friday at 9:30 a.m., with Mark Lawrence scheduled to be called as the first witness.

The episode began a little after noon, when the plaintiffs called Wade Logan back to the stand. Mr. Logan was Chancellor of the diocese when the split occurred and continues in that capacity for the breakaway group. Attorney Henrietta Golding asked him to recall the events of October 2012, when Mark Lawrence was notified that a disciplinary board for bishops had issued a “Certificate of Abandonment of the Episcopal Church.”

The defense had introduced that document as evidence earlier in the trial, as part of the record showing the action taken by The Episcopal Church. Once the certificate was issued, Presiding Bishop Katharine Jefferts Schori was required under the canons to immediately place Bishop Lawrence under a “restriction of ministry,” which barred him from performing any ministerial duties and gave him 60 days to respond to the disciplinary board’s findings.

Mr. Logan began to testify about what he believed the correct procedures should have been for delivering the notice of restriction. Mary Kostel, attorney for The Episcopal Church, objected: Throughout the trial, Judge Goodstein has forbidden testimony that goes into the process of how or why ecclesiastical decisions are made, often repeating the phrase “It is what it is, and I can’t go behind that.”

But the judge appeared to want to go behind it on Thursday. She spent a few moments seeming to explain why she thought the plaintiffs were seeking the testimony. “They’re trying to show me – people have due process, right?” she said. Ms. Kostel continued to explain her objection, saying that the document’s purpose was only to show the church’s final determination. As the explanation continued, the judge became visibly angry, finally threatening to sanction Ms. Kostel under Rule 3.1. Then she suddenly called for a 15-minute break, stood up, and rapidly exited the courtroom.

Five minutes later she re-entered, swinging the door shut behind her sharply, sat down at the bench, and said “Let me see that exhibit, please.” A silent courtroom watched as she stared at the paper for a few moments and then said, “You may proceed, Ms. Golding.” Testimony continued for about another 30 minutes. At 1:00 p.m., the plaintiffs called Bishop Lawrence to the stand, but Judge Goodstein then announced she was leaving for the day at 2:00 p.m. The plaintiffs opted to wait until Friday for the testimony; the judge retired and court was adjourned for the day.

 Courtroom observers expressed shock and puzzlement at the outburst, unable to explain exactly what in Ms. Kostel’s objection had so angered the judge.

There had been other objections earlier in the morning on similar issues. The first witness of the day was Professor Allen C. Guelzo, Professor of the Civil War Era and Director of Civil War Era Studies at Gettysburg College. Prof. Guelzo was educated at a seminary of The Reformed Episcopal Church, a group that split from The Episcopal Church in the 1870s. He said he was received as a priest into The Episcopal Church in the Diocese of Quincy in 2000. (Quincy Episcopalians experienced a schism in 2008, and the remaining Episcopal Church diocese has since merged with the Diocese of Chicago.)

The first question that attorney Alan Runyan had for Prof. Guelzo was: “Is the Episcopal Church organized in a hierarchical structure?” That drew an immediate objection from defense attorneys, who have been told by Judge Goodstein throughout the trial that she will not analyze hierarchical church issues in determining the case. “We kept away from the issue of hierarchy, understanding Your Honor’s ruling on the issue,” Ms. Kostel said.

But the judge allowed Mr. Runyan’s question, slightly rephrased, because she said the topic could be relevant to issues of control that might bear on trademark matters. Asked if TEC is organized “in such a fashion that its governance controls the dioceses and parishes,” Prof. Guelzo said “No.”

He then spoke for about an hour about church history in colonial times, through the Revolutionary War and the Civil War. “I can recollect nothing which insists on a permanent subordination,” he said. But the professor noted that he has little knowledge of church polity or history in the last 100 years or so. “The Twentieth Century fades away for me,” he said.

David Beers, attorney for The Episcopal Church, asked him to look at the 2009 Constitution and Canons of the church for provisions that, for example, prohibit the consecration of anyone under age 30 as a bishop, and require bishops retire at age 72. “That’s mandatory language, isn’t it?”

“It’s descriptive language,” the professor said. Mr. Beers had the professor read the preamble to the Constitution, which says that it “sets forth the basic Articles for the government of this Church” – but Prof. Guelzo said he saw “no attempt to establish a comprehensive authority” in that.

Ms. Kostel and Mr. Beers cross-examined the professor at length, citing other scholarly sources from the same period who wrote saying that General Convention is the highest authority in the church and that dioceses may not unilaterally withdraw. The professor dismissed those works as “partisan statements by Ritualists or Anglo-Catholics” and proposed that his sources were “learned treatises,” primarily “The Episcopal Church and Its Work,” a 1955 book by Powel Mills Dawley.

Also testifying on Thursday was the Rev. Bob Lawrence (no relation to Mark Lawrence), who is director of Camp St. Christopher under the breakaway group. He testified that the camp allows non-members of the breakaway group to use the camp along with others in the general public. He acknowledged that no one from the continuing Episcopal Church diocese is on the camp’s Board of Directors, including Bishop vonRosenberg.

Nancy Armstrong, assistant treasurer of the breakaway group, testified that she had researched funds sent by the Diocese of South Carolina over the years to The Episcopal Church, and compared that amount with funds received by the diocese from the Church and related organizations. She said the figures she compiled showed the diocese had sent $117 to The Episcopal Church for every $1 received in aid, in figures not adjusted for inflation. 
July 23, 2014 (Day 12)

The Right Reverend Charles G. vonRosenberg testified on Wednesday, describing how local Episcopalians went about keeping the Episcopal Church’s recognized diocese in operation in eastern South Carolina after its former leaders announced they were leaving the church.

Bishop vonRosenberg told how he had retired as Bishop of East Tennessee in 2011 and moved to Charleston with his wife Annie to be with their sons and six grandchildren. But after the departure of Bishop Mark Lawrence and others from The Episcopal Church, Bishop vonRosenberg was elected Provisional Bishop at a special convention on January 26, 2013. He was immediately installed by Presiding Bishop Katharine Jefferts Schori, and now serves as bishop to 30 congregations in the eastern half of South Carolina.

In his testimony, Bishop vonRosenberg named the fundamental authorities of The Episcopal Church: General Convention, the Constitution and Canons of the national church, the Book of Common Prayer of The Episcopal Church, and the Bible. He described the basic duties of bishops: visiting churches, examining their records, leading worship, preaching, confirming those who want to make a mature public commitment to their baptismal vows, and other pastoral duties.

Under direct examination from Chancellor Thomas S. Tisdale Jr., the bishop noted that since becoming bishop, he has not had access to diocesan assets and institutions such Camp St. Christopher or assets of the Trustees.

The Bishop also described instances of confusion that have arisen because the breakaway group is continuing to use the name and marks of the diocese.

For example, one person was intending to register for an Episcopal Church diocesan event, but mistakenly sent the registration fee to the breakaway diocese. That organization later sent the check to TECSC. In another case, a parish church that uses an outside service to pay its bills accidentally sent balance of its diocesan pledge (money promised by parishes in support of the diocese) to the breakaway group.

More confusion has arisen about confirmation, which can be performed only by a bishop in The Episcopal Church. In some cases, people participated in rites under Mark Lawrence after he had officially been restricted from his ministry as a bishop in The Episcopal Church.

 “These several people came to me and asked to be confirmed as Episcopalians,” Bishop vonRosenberg said. He went on to confirm them.

Bishop vonRosenberg was a member of the House of Bishops during the time when two other Episcopal Church bishops tried to lead their dioceses out of The Episcopal Church, and later were deposed – removed from office – for those actions.

However, on an objection from the breakaway group’s attorneys, Judge Diane Goodstein barred him from testifying about how those bishops were removed – actions demonstrating that taking a diocese out of the church is a violation of the national church’s polity.

The judge addressed the courtroom at length about how she sees the case. In her opinion, she said, church polity does not figure into the decision.

“When it comes to the question of whether the diocese can leave, I’m going to make that determination under neutral principles of South Carolina law,” she said. “If The Episcopal Church says that it’s the polity of the church that no one can ever leave the church, and that differs from what South Carolina civil law says, I’m going to follow South Carolina civil law.”

The trial is expected to continue on Thursday and into Friday, as the breakaway group announced to the judge late today that it plans to offer several more witnesses in rebuttal to earlier testimony.

One such witness was the Rev. Greg Kronz, who was a member of the bishop search committee that nominated Mark Lawrence in 2006. On Tuesday, the Rev. Thomas Rickenbaker testified by deposition that Rev. Kronz and the Rev. Paul Fuener had interviewed him and said they were looking for a bishop who would lead the diocese out of The Episcopal Church. Rev. Kronz said he didn't ask that question. 
July 22, 2014 (Day 11)

The main witness for the defense on Tuesday was Mark Duffy, Canonical Archivist and Director of Archives for The Episcopal Church. Based in Austin, Texas, Mr. Duffy has been overseeing the archives since 1992. They include records kept in both Texas and New York City for all the boards and official bodies of the church, General Convention, and the individual dioceses.

Under direct examination by attorney David Beers, Mr. Duffy authenticated and described dozens of historic documents to be admitted as evidence for the defense. The testimony was slow going: On almost every document, the plaintiffs objected about the relevance of the documents or the format in which they were presented.

Previously, the breakaway group’s attorneys had objected to having diocesan journals introduced in their entirety, and asked instead for selected excerpts to be pulled out and presented, which the defense did. However, on Tuesday when defense attorneys began introducing documents from journals of the General Convention of The Episcopal Church in that format – offering only the pages containing the information to be introduced – the plaintiffs objected and said the entire journals should have been introduced instead.

Another long discussion ensued when the defense began introducing evidence that Mr. Duffy found in the archives concerning grants, loans and other forms of support that flowed from The Episcopal Church to the Diocese of South Carolina and individuals in the diocese over the years.

Over the course of history, groups within the church that have been known by names such as the “Board of Missions,” the “American Church Missionary Society,” the “National Council,” the Executive Council” and the “Domestic and Foreign Missionary Society” have archived records that reflect various types of support to South Carolina.

The plaintiffs repeatedly tried to persuade the judge that these groups were completely separate entities from The Episcopal Church. The breakaway attorneys also complained that they had received the archived documents only recently, but defense attorney Mary Kostel pointed out that they had been turned over in December. Mr. Duffy and Mr. Beers explained at length the relationships, history and governance of these groups, and eventually Judge Goodstein admitted the reports as evidence.

Some of the documents were not admitted on Tuesday but were marked for identification as an “offer of proof.” One example was a collection of 18th-century journals from the dioceses of the original states of the United States, showing their compliance with the canons of The Episcopal Church.

Also disallowed, but marked for identification, was a 1964 amendment to the constitution of The Episcopal Church that prohibits dioceses from changing their boundaries or ceding territory without approval from General Convention.

The judge indicated that the documents may be admitted as evidence later if further testimony helps her “connect the dots” about how they relate to what happened in South Carolina.

For example, a resolution in 2009 in support of “continuing dioceses” helps to demonstrate the dioceses are not allowed to leave The Episcopal Church, Mr. Beers said. But since it does not mention South Carolina on its face, the judge said more foundation would be needed to prove its relevance.

Mr. Beers said the document is important because it’s “a clear expression on the policy and polity of the church” and says directly that any alteration to a diocese’s constitution that removes unqualified accession to the national church is null and void. “Dioceses can’t leave. That’s our polity,” Mr. Beers said.

However, the judge again stated that she believes South Carolina is not “a hierarchical jurisdiction” and that it’s up to her to decide if the church’s determinations on such matters have any relevance.

Mr. Beers said that the documents also may be useful to demonstrate that there was a mutual understanding between the diocese and The Episcopal Church. In return for the benefits of membership in The Episcopal Church over the years, the diocese chose to abide by the church’s governance. Documents that show the polity of the national church could help the court determine if the diocese breached its agreements with The Episcopal Church, he said.

Tuesday’s second witness was introduced by way of a deposition: The Reverend Thomas Rickenbaker, a retired priest who lives in Spartanburg and was not available to attend the trial. The deposition he gave in June was read into the record. He testified that in 2005-2006, he was approached as a potential nominee for bishop of South Carolina. That search process eventually resulted in Mark Lawrence’s election.

Fr. Rickenbaker recalled that two members of the search committee, the Rev. Greg Kronz and the Rev. Paul Fuener, visited him at his former parish in North Carolina to interview him. The first question posed to him, Fr. Rickenbaker said, was: “What can you do to help us leave The Episcopal Church and take our property with us?” Fr. Rickenbaker said he expressed shock and surprise that such a question was asked of him, and told them, “If that’s what they were looking for, that they were looking to the wrong guy.”

As testimony drew to a close Tuesday, attorneys for all parties were still working out the details of admitting various parish-related historic documents as evidence for the defense. More defense witnesses are expected on Wednesday morning. Attorneys for both sides have told the court they hope to wrap up the trial on Wednesday. Court will reconvene at 9:30 a.m.
July 21, 2014 (Day 10)

Dr. Walter Edgar, South Carolina’s renowned historian, author and radio host, was sworn in a witness at 10:20 a.m. but didn’t get to utter his first word of testimony until about 1:45 p.m. as attorneys for the plaintiffs of the breakaway group threw up objection after objection, trying to prevent him from describing the longstanding connections between The Episcopal Church and the Diocese of South Carolina.

Nevertheless, in the following three hours Dr. Edgar presented the court with a wealth of research demonstrating that the diocese has historically acknowledged the authority of The Episcopal Church, took care to conform to national church law, accepted financial support from church-related institutions, and participated in beneficial programs such as the Church Pension Fund.

(Dr. Edgar's written report can be read here)

Attorneys for the two defendants (The Episcopal Church and its local diocese, The Episcopal Church in South Carolina) admitted into evidence thousands of pages of documents that were supplied by the plaintiffs themselves, including official journals of diocesan conventions throughout history. Dr. Edgar reviewed those documents and others in his research. Some highlights of his testimony:

 • The diocese first acceded to the Constitution and Canons of the General Convention (the governing body) of The Episcopal Church by adding that accession as Article I of its own constitution in 1841. That passed unanimously, and continued almost uninterrupted through 2009.

 • The exception was the Civil War.The 1862 General Convention nevertheless included the names of the Confederate States’ dioceses in the roll call, and noted them absent. In 1866, after the war ended, the journal of South Carolina’s convention noted a resolution that replaced the word “Confederate” with the word “United” in all documents. The diocese was never required to apply for readmission.

 • The Diocese of South Carolina consistently followed General Convention rules about matters such as getting the Standing Committee to give consent for bishops elected by other dioceses (or withhold consent, as happened in 1875). It also sought consent from other dioceses’ Standing Committees for its own bishops to be consecrated.

 • When new parishes wanted to be admitted to the diocese, they had to demonstrate their “willingness to conform” to the Constitution and Canons of the national church and the diocese. In 2001, an already-admitted parish was not conforming: The journal noted that All Saints Waccamaw was unwilling to follow national church governance. For that reason, a resolution passed that gave All Saints “seat and voice” (the right to attend and speak), but denied it a vote at diocesan convention.

 • The Diocese of South Carolina also turned to General Convention for permission in 1922 when it split into two dioceses: Upper South Carolina and South Carolina.

 • Financial assistance to the diocese came from several sources in the 19th and 20th centuries, such as stipends that enabled the impoverished post-war diocese to pay clergy in the late 1800s. Instances of aid continued until as late as January 2012, when Mark Lawrence wrote to request a grant from The Episcopal Church’s United Thank Offering for St. John’s Mission in Charleston. The $15,000 grant was approved. Bishop Lawrence announced he was leaving The Episcopal Church in October of that same year.

 • Clergy in the diocese received hundreds of thousands of dollars in retirement benefits over the years through the Church Pension Fund. The plaintiffs and the judge both minimized the importance of those benefits, noting that they came from contributions made by the clergy themselves and by the diocese. However, it was noted that the program is managed by The Episcopal Church; trustees are elected by General Convention.

While Dr. Edgar was acknowledged as an expert – even Judge Diane Goodstein referred to him as “the premier expert on South Carolina history, period” – for most of his testimony he was limited to reading sections of historic documents, and instructed not to offer opinions. Even that came after hours of legal back-and-forth, plus a morning break and a lunch break.

Throughout the morning’s discussion, the judge encouraged the plaintiffs to offer objections, and raised a few of her own. Her remarks appeared to favor the group that split from The Episcopal Church. The breakaway group insists that the diocese must be considered solely as a nonprofit corporation rather than as a religious body. They rely on a South Carolina Supreme Court decision known as the All Saints case, which appears to favor applying “neutral principles” of state corporate law to such disputes.

Judge Goodstein indicated that she thought Dr. Edgar’s testimony might be relevant in the area of “constructive trust,” and said he could speak to the relationship of the diocese in as it relates to that subject. But if his testimony was being offered about the hierarchical nature of The Episcopal Church, “I don’t want to hear it,” the judge said.

Attorney Mary Kostel, representing The Episcopal Church, said the church respectfully disagrees with the court and believes that the hierarchical nature of The Episcopal Church must be considered in rendering a decision. The U.S. Supreme Court has held that in hierarchical churches, courts must defer to the decisions of religious authorities in matters of church polity and governance. The ability of hierarchical churches to govern their own affairs is protected by the First Amendment.

Ms. Kostel reminded the court that in the All Saints litigation, the group led by Mark Lawrence actually argued on the side of The Episcopal Church, and took the position that a parish cannot leave the church – the opposite of its position in the current lawsuit.

While The Episcopal Church’s Constitution and Canons don’t specifically forbid a diocese from leaving – “it’s arguably ambiguous,” Ms. Kostel said – in cases of ambiguity the court should look at the diocese’s historic conduct and the understanding of the people who adopted the governing documents over the years. “The understanding was, when a diocese accedes, it gives up the right to secede,” Ms. Kostel said.

The judge signaled that she understood Ms. Kostel’s argument, acknowledging that there could be an appeal in the future. 

“I want the record to be very clear that the defendants have done everything within their ability to establish the hierarchical nature of the church, and I accept that,” the judge said. “Our courts have said we will not enforce the hierarchical decisions, we are a neutrality state.” 
A letter from Bishop vonRosenberg
"What do Four Hole Swamp, Minus Bridge, and Indian Field Swamp all have in common? They represent landmarks on the journey to the Dorchester County Courthouse in St. George, South Carolina. I have spent three weeks in that place, and I can affirm with certainty that it will not be the ultimate destination of our journey as a diocese! However, having spent this time and effort in court – and realizing that you may have read something about the experience – perhaps this is an appropriate time to share some reflections with you."
Read the letter here.

A Prayer for the Trial and Reconciliation in South Carolina
Gracious and loving God of justice and compassion: We pray for your church caught in a crushing schism in South Carolina. We believe that you favor reconciliation in all situations; and we ask you to be with all parties involved in the current trial: we pray especially for the judge, those arguing the case and all witnesses who must testify; surround them all with your love and your truth; and bring this process to a just conclusion. Give all of us strength and courage to act and pray in ways that can lead toward reconciliation. Help us be agents of your reconciliation with our friends on both sides of this dispute.  We ask all this in the Name of the Holy Reconciler, Jesus your Son. Amen.
(Written by The Rev. Alastair Votaw, Priest-in-Charge of The Episcopal Church of the Good Shepherd, Summerville)



Related news:

TECSC files amicus brief asking U.S. Supreme Court to hear Texas case

July 22, 2014 
The Episcopal Church in South Carolina joined with two major U.S. religious denominations to file an amicus brief on Monday in support of Episcopalians in Fort Worth, Texas who are petitioning the U.S. Supreme Court to hear a case that could affect the ultimate resolution of a lawsuit filed in South Carolina by a breakaway church faction.
Read more here.
July 18, 2014 (Day 9)

Judge Diane Goodstein asked attorneys to work over the weekend to organize and reach some agreements about thousands of pages of historic documents to be admitted as evidence – years’ worth of constitutions and canons, bylaws, and convention journals that show the ties between The Episcopal Church, the Diocese of South Carolina, and its parishes.

“One of the things that’s going to be extremely important to me is the organization in terms of authority,” she said, overruling an objection from the breakaway diocese who wanted some of the documents excluded as “irrelevant.”

“The 2,000 pages go to show the state of the relationship, and it is relevant,” Judge Goodstein said. She also asked The Episcopal Church to present witnesses who can explain the documents and relationships via testimony. “I’m a verbal learner,” she said.

The next witness was able to help. The Right Reverend Clifton Daniel III testified on behalf of the defense. He is currently provisional bishop of the Episcopal Diocese of Pennsylvania. Previously he served as bishop of the Episcopal Diocese of East Carolina, based in Kinston, N.C.

“The basic governing documents of The [Episcopal] Church are the Book of Common Prayer, the Constitution of The Episcopal Church, the Canons of The Episcopal Church, and certainly implicit in that is the Bible,” Bishop Daniel told the court.

Bishop Daniel explained the structure of The Episcopal Church’s governing body: General Convention. It meets every three years and is organized with two houses, much like the United States Congress. Dioceses all send their bishops to the House of Bishops. Each diocese also sends four clergy deputies and four lay (non-clergy) deputies to the House of Deputies.

Bishops also play a role in consenting to new bishops, he said. After any diocese elects a bishop, that person must receive consents from a majority of the bishops of the other dioceses, as well as consent from the majority of Standing Committees of the dioceses, before she or he can be consecrated.

Bishop Daniel testified that when Mark Lawrence was elected Bishop of South Carolina, he gave his consent. However, the election did not receive approval from most Standing Committees, including East Carolina. A second election was allowed and he was elected again. Only after issuing written assurances that he planned to stay with The Episcopal Church did Mark Lawrence finally receive the necessary consents.

“I believed, in the last result, that he would be a faithful and loyal bishop of The Episcopal Church and that he would be obedient to the canons of The Episcopal Church, and I gave my consent on that basis,” Bishop Daniel said.

While it wasn’t mentioned during testimony, Bishop Daniel served as the Chief Consecrator when Mark Lawrence was made a bishop in Charleston in January 2008.

On cross examination, Bishop Daniel confirmed that there is no wording in the Constitution or Canons that expressly forbids a diocese from leaving the church. However, he went on to say that if a diocese wants to make a change in its governing documents, they need to subscribe to and accede to the Constitution and Canons of The Episcopal Church. “That’s common sense,” he said.

Are there any circumstances under which a diocese can leave? “If the General Convention agreed to it,” he said. Under any other circumstances, no.

After he left the stand, the Bishop explained that the lack of language forbidding a diocese from leaving really isn’t the issue. Under The Episcopal Church’s unitary form of government, General Convention is the final authority. There are many actions that aren't expressly forbidden, but yet would not be permitted by General Convention because they would conflict with the governing documents of the Church.

Because attorneys needed to meet in the afternoon, only one other witness testified Friday. Pat Neumann, who grew up in St. George and now lives on Edisto Island, told the court about being a member of Trinity Church on Edisto, and having to leave it in late 2012 when it left The Episcopal Church.

Mrs. Neumann described how she and others began holding services at a local barbecue restaurant in order to remain Episcopalians. They went on to help found The Episcopal Church on Edisto, a new mission church that worships in the historic 1818 sanctuary of New First Missionary Baptist Church.

Court adjourned about 12:45 p.m. It is expected to reconvene on Monday morning. (Note: The judge did not name a specific time. On most days the announced time has been 9:30 a.m. If a different time is announced, it will be posted here.)
July 17, 2014 (Day 8)

Trademark infringement issues are evident in the case of a local group that broke away from The Episcopal Church in 2012, yet continues to call itself “Episcopal” in its names, signs and advertising, an expert witness testified Thursday.

Leslie Lott, an attorney specializing in intellectual property law in Florida with more than 30 years of experience in patent and trademark issues, testified as an expert witness for The Episcopal Church in South Carolina.

For many years, the national church used the official name “The Protestant Episcopal Church in the United States of America.” It also has registered the name “The  Episcopal Church.” Meanwhile, the plaintiffs have disaffiliated from the national church and filed suit against local Episcopalians, seeking the right to use these names of the diocese:
 • “The Protestant Episcopal Church in the Diocese of South Carolina”
 • “The Episcopal Diocese of South Carolina”; and
 • “The Diocese of South Carolina”.

In January 2013, the group went before Circuit Judge Diane Goodstein, who – without notice to local Episcopalians – held an ex parte hearing and issued a temporary restraining order that prevented anyone but the breakaway group from using those names. To comply with that order, the Episcopal Church’s recognized diocese in eastern South Carolina is operating under a working name, “The Episcopal Church in South Carolina.”

On Thursday, the breakaway diocese introduced several documents indicating when the names first were used historically; some dating to the 18th century.

But Ms. Lott said that regardless of when a name is first used, or who used which name first, “If it is used in a way that is likely to cause confusion in the public, that is the definition of trademark infringement.”

Because the diocese and local parishes operated as parts of The Episcopal Church for many years, people reasonably assume that when they see a church calling itself an “Episcopal Church,” it is part of the national church. The potential for confusion is heightened by the fact that the two entities offer similar services, and operate out of similar facilities – churches.

The fact that the public reasonably believes that a “diocese” is a subdivision of a larger church body leads to further confusion, she said. “The recent history has been one organization,” she said. “If they now continue to use the name ‘Episcopal’ or ‘Episcopal Diocese,’ not being part of that organization, it will inevitably cause confusion on the part of the public.”

Beyond Ms. Lott’s testimony, much of the morning in court was spent in a lengthy back-and-forth over the admissibility of one expert witness, who was called to testify about research he conducted on church names and the public confusion created by the breakaway group.

The judge excluded the witness, and spent several minutes criticizing the defendants, saying they had not complied with three orders she had issued about providing names of expert witnesses. She cited this as her reason for excluding the witness, acknowledging that doing so was an extraordinary step.

The judge’s remarks involved a complex series of filings, responses, scheduling orders and hearings leading up to the trial. TECSC has repeatedly notified Judge Goodstein that the plaintiffs have submitted documents that misled the court. Some of these documents from the plaintiffs said TECSC had agreed to proposed deposition dates when they had not agreed. Others were “incorrectly (and self-servingly) purporting to list the experts …and excluding one,” according to a motion filed by the defendants.

Interspersed throughout the day were three witnesses who testified about what happened when their former parishes departed from The Episcopal Church. All of them had to leave their home churches and find other ways to worship as Episcopalians.

Rebecca Lovelace talked about having to leave St. Paul’s Conway when its clergy announced they were no longer part of The Episcopal Church. Before that, she said, “we had many conversations over the years and many representations that we were never leaving The Episcopal Church.” Later, she went to help start a new mission: St. Anne’s, Conway.

Eleanor Koets described the departure of her formerly Episcopalian parish of St. Paul’s in Summerville, and how she became part of the new Episcopal mission of Good Shepherd, Summerville. She brought a recent local newspaper article to court, showing that her former parish continues to have “St. Paul’s Episcopal Church” on the sign out front, in spite of announcing to the congregation in 2012 that it was leaving The Episcopal Church.

Frances Elmore had been a member of St. John’s Episcopal in Florence. She recalled a day October 2012 when she arrived for a Sunday service and was told by her rector: “’We are no longer in The Episcopal Church, and you may not feel comfortable worshiping here anymore.’” That evening, she was attending a service of Compline (night prayer) at someone’s home with people from St. John’s and three other Florence-area churches. They went on to create the new mission church of St. Catherine’s, Florence.

By 4:45 p.m. Thursday, Judge Goodstein instructed all parties to meet and work out details for submitting hundreds of pages of exhibits that the defense plans to file in response to the plaintiff diocese and each of the dozens of plaintiff parishes. Court resumes at 10:00 a.m. Friday with more defense witnesses. The judge indicated she would adjourn for the day Friday by about 3:30 p.m.

Wednesday, July 16 (Day 7)

The law professor who helped to write South Carolina’s nonprofit corporation law told the court that changes to the governing documents of the Diocese of South Carolina that purported to remove the diocese from The Episcopal Church were beyond the legal powers of Mark Lawrence and other diocesan officials, and were not valid.

Martin C. McWilliams Jr., Professor of Law at the University of South Carolina since 1983, testified on Wednesday as an expert witness for The Episcopal Church in South Carolina. He was Co-Reporter of the South Carolina Nonprofit Corporation Act of 1994 and co-author of the South Carolina Reporters’ comments to the act.

Prof. McWilliams had reviewed and analyzed the documents pertaining to the original 1973 corporate charter of “The Protestant Episcopal Church in the Diocese of South Carolina” as a nonprofit corporation. He also reviewed later documents that purported to withdraw the diocese from The Episcopal Church. His opinions are summarized in a six-page Expert Report submitted to the court.

On Wednesday, Prof. McWilliams’ testified that:

 • The 1973 corporate charter is the “initial, seminal, fundamental, founding document” of the nonprofit corporation that is the diocese.

 • The stated purpose of the corporation in the charter is “to continue the operation of an Episcopal Diocese under the Constitution and Canons of the Protestant Episcopal Church in the United States of America.”

 • By becoming a nonprofit corporation, the diocese came under the regulatory control of the Nonprofit Corporation Act, and at the same time incorporated by reference the Constitution and Canons of the national church.

 • Under the Nonprofit Corporation Act, when state regulations come into conflict with the Constitution and Canons of the church, the church laws trump. In the case of the diocese, that means that the Constitution and Canons effectively become neutral principles of corporate law.

 • The language of the charter identifies “all” directors, managers, officers and trustees. The persons named were three individuals and their titles: “Bishop” (the Rt. Rev. Gray Temple) and two others identified as “Secretary” and “Treasurer.” By default, the “Bishop” is the designated director.

 • No other directors are named in the charter. The designation goes with being a bishop, and passed from bishop to bishop. “It goes down to Bishop Lawrence, and I would argue, Bishop vonRosenberg, in an unbroken line of designated directors,” the professor said.

 • The charter can place limitations on the powers of the directors, and the Constitution and Canons became such a limit on the powers of the Bishop to amend the charter. “Any attempt by the Bishop to amend this charter in a way that’s inconsistent with the Constitution and Canons would be outside his powers,” he said.

“The Bishop is, after all, the creature of the national church,” Prof. McWilliams said. “You can’t be a bishop unless the national church makes you a bishop.” He pointed out that although Mark Lawrence was elected at two different diocesan conventions, South Carolina was not permitted to consecrate him as its bishop until he met the requirements of the national church, such as receiving consents from other dioceses and bishops of The Episcopal Church.

Professor McWilliams also reviewed purported amendments to the corporate charter in 2010, signed by Mark Lawrence. “In this case, he has not signed as Bishop, he has signed as President. And it doesn’t say president of what.” New bylaws that were adopted in 2010 also were done without legal authority, and were inconsistent with church law.

Attorneys for the breakaway group known in court as “the Plaintiff Diocese” interrupted with numerous objections throughout the day, aimed at keeping the professor’s findings from being presented. Many objections were overruled, however, and Prof. McWilliams testified on direct examination until about 3:05 p.m.

As cross-examination began, plaintiff’s attorney Henrietta Golding stood up and immediately began shouting at the professor seated in the witness chair, jabbing her finger in the air: “I think you need to tell the court where you go to church! …Or is this something you want to hide?” Counsel for the defense objected; Judge Goodstein did not intervene. “I don’t think she’s being impolite,” the judge said.

Prof. McWilliams attends St. Martin in the Fields Episcopal Church in Columbia. He later testified that he had wanted to state that fact at the beginning, but the question was inadvertently omitted during his initial testimony. Without the question being asked, he could not offer the information.

At the conclusion of his testimony, court adjourned and will reconvene at 9:30 a.m. Thursday. Judge Goodstein indicated that the trial will need to extend into the week of July 21, as the defense has several more witnesses to present.
Tuesday, July 15, 2014 (Day 6)

Some clergy in the Diocese of South Carolina were actively seeking to leave The Episcopal Church years before the 2012 action to “disassociate” and follow Mark Lawrence out of the church, a Charleston rector testified Tuesday as attorneys for The Episcopal Church and its local diocese began presenting the defense’s case.

The Rev. Dow Sanderson, Rector of Church of the Holy Communion in Charleston, said several clergy had been voicing the idea of leaving The Episcopal Church. By 2009, at least one clergy member had become weary of waiting. Fr. Sanderson recalled a memorable phone call he received from the Rev. Jeff Miller, rector of St. Helena’s in Beaufort and later president of the Standing Committee. Fr. Sanderson said Rev. Miller expressed frustration that Bishop Lawrence was not moving quickly enough, saying: “Don’t you remember we elected him to take us out of The Episcopal Church?”

Fr. Sanderson served on the Standing Committee and was its president during the time when Mark Lawrence was elected as bishop. At the final Standing Committee meeting he attended, the discussion was about changing banks for the diocesan accounts, “because if there were any disciplinary action against Bishop Lawrence, the assets of the diocese would be frozen.”

“There was a conversation about finding friendly bankers who would give us assurances that that would not happen,” Fr. Sanderson said. Later, the funds were moved; he said he did not know what bank the Standing Committee later decided to use.

Church connections

Fr. Sanderson also testified about the relationship between the diocese and The Episcopal Church. After a bishop is elected, two things must happen before a consecration can go forward: A majority of the House of Bishops must give consent; and a majority of the Standing Committees of the 110 dioceses of The Episcopal Church also must give consent.

“It has always been the intention that a bishop is never elected for a diocese, but for the whole church,” Fr. Sanderson said.

Henrietta Golding, an attorney for the breakaway group, questioned Fr. Sanderson about the Constitution and Canons of the diocese and how they have been amended over the years since they were adopted in the late 18th century. Did the plaintiff diocese ever submit those proposed amendments to The Episcopal Church for approval?

No, Fr. Sanderson said. “The Constitution and Canons cannot contradict the national church constitution and canons, so there is no need to have them approved. It is implicit.”

Fr. Sanderson’s testimony – and much of the testimony the defense presented – was repeatedly delayed as lawyers for the breakaway group rose to interrupt, objecting about relevance or raising concerns about what the testimony might include. In many cases, the judge decided to hear the evidence and decide the relevance for herself.

Court schedule

Earlier in the day, the plaintiffs offered their final six parish witnesses, and rested their case just before the lunch break. By the end of the day, the defense had presented three witnesses, and told the court it expected a minimum of a dozen more.

Hearing that, the judge indicated she would look into making the necessary arrangements to the trial could continue into the following week if necessary. The trial will resume at 9:30 a.m. Wednesday.

Expert witness

The first witness for the defense was Armand Derfner, a nationally renowned civil rights attorney who has argued and won five cases before the Supreme Court of the United States and is frequently asked to testify before congressional committees.

Mr. Derfner appeared as an expert witness to highlight key points in the defense’s case – topics such as:

- Fiduciary duty. Bishop Lawrence took an oath which was a condition for his becoming a bishop of the diocese. The oath included a promise to abide by the “discipline” of The Episcopal Church. “That would be an enforceable oath that could give rise to a breach of fiduciary duty,” Mr. Derfner said.

- The intent of the incorporator: whether those who incorporated the churches and the diocese were intending to establish the purpose of the corporation and whether a later bishop could seek to amend that.

- The capacity to convey property and the issue of ‘good standing.’ Whether individuals were in good standing when they took certain actions, such as issuing quit-claim deeds, would have a bearing on whether their actions were effective or not.

Alan Runyan, attorney for the breakaway group, objected frequently to Mr. Derfner being allowed to testify, complaining that it related to actions taken by individuals. “That’s the heart of it – there are no individual defendants. There are only corporate defendants. That individual conduct is just not relevant.”

Thomas S. Tisdale Jr., Chancellor for The Episcopal Church in South Carolina, disagreed. “Obviously a corporation has to act through people who are acting for it,” he said. Judge Goodstein clarified that it was her role to determine how the law must be applied, but allowed the testimony.

Parish experiences

The court also heard from Warren Mersereau, who testified for the defense about his experiences as a member of Church of Our Savior in John’s Island, one of the plaintiffs. Again, attorneys the plaintiff diocese tried to prevent the testimony. “We’re here on corporate issues, not an individual discontent person who may have been a member,” Ms. Golding said.”

Nevertheless, Mr. Mersereau was allowed to describe some of the events at the parish.

After asking to publish pro-Episcopal Church information in a newsletter, Mr. Mersereau said the rector, the Rev. Michael Clarkson, told him that at Church of Our Savior, “The policy was not to promote The Episcopal Church.” When Mr. Mersereau mailed and emailed the information to other parishioners anyway, “He told me the vestry had voted to put me under disciplinary action.”

“I was threatened with excommunication,” Mr. Mersereau said.

Mr. Mersereau testified about being one of the local Episcopalians who signed a formal complaint against Mark Lawrence. Again, the plaintiffs called the testimony irrelevant, but the judge noted, “I’ve heard lots of testimony that people acted ‘because of the treatment of Bishop Lawrence,'” she said. “In the interest of fairness, ought they be allowed to go into some of that discussion?” Finally, Mr. Mersereau was allowed to testify that he signed the complaint.

Final plaintiff testimony

Plaintiff parish testimony in the morning followed the pattern of earlier witnesses. An exception was the witness for St. John’s, John’s Island, who as a vestry member and warden spoke of the reasons behind changing the parish’s governing documents. He said they felt the property could be threatened by The Episcopal Church.

“There are some big questions in the country… about same-sex unions,” he said. “If I was to disagree with Bishop Lawrence, he would try to teach me, and that would be the end of it. If I was to disagree with the Presiding Bishop, she would say, ‘OK, I’m taking your property and your church,’” he said. The witness didn’t name any individuals who gave him that impression, but said, “I sometimes read blogs in the computers.”

In addition to St. John’s, the remaining parishes testifying Tuesday were Christ Church, Mount Pleasant, Holy Trinity, Charleston; Trinity, Edisto; Old St. Andrew’s in West Ashley, and St. Philip’s, Charleston.
Monday, July 14, 2014 (Day 5)

Judge Goodstein’s plan to have parish evidence admitted by stipulation helped to expedite the testimony of the parish plaintiffs on Monday as they continue to present testimony in their lawsuit against local Episcopalians and the national Episcopal Church.

Over the weekend, attorneys conferred on a stipulation agreement, and finalized the details on Monday morning. Attorneys for The Episcopal Church and its local diocese, TECinSC, agreed to allow batches of documents to be admitted into evidence for the plaintiffs, so the witnesses for each parish could simply be questioned about facts in dispute. Previously, each of the plaintiffs’ attorneys were slowly leading witnesses through the process of introducing and explaining the relevance of each document.

On Monday, the court heard from 12 of the plaintiff parishes, and about half the testimony from a thirteenth, before adjourning after 5 pm. The trial resumes at 9:30 a.m. Tuesday. That amount of progress compares with the three days it took the plaintiffs to give the testimony from the previous 18 parishes. Still, it leaves five more plaintiffs to be heard from. And the plaintiffs have indicated they may have additional witnesses when the parish cases conclude.

Judge Goodstein told both sides that while she has planned only two weeks for the trial, she is willing to let it continue into a third week if it is necessary for a full hearing of the case. The defense is expected to begin presenting its case when the plaintiffs’ testimony concludes.

As in previous days, the courtroom has been mostly full. Much of the space is occupied by lawyers. The breakaway group led by Mark Lawrence – usually referred to as “The Plaintiff Diocese” in court – has 43 attorneys on record as representing the former diocesan officials and the 36 parishes who joined in the lawsuit.

Testifying on Monday were Holy Cross, Stateburg; St. Paul’s, Bennettsville; St. Jude’s, Walterboro; Good Shepherd, Charleston; Church of Our Saviour, John’s Island; St. Matthew’s, Fort Motte; St. Michael’s, Charleston; St. Matthias, Summerton; Prince George Winyah, Georgetown; St. Paul’s, Summerville; St. Paul’s, Conway, and Church of the Cross, Bluffton.

Initial testimony from Christ Church, Mount Pleasant ended about 5:15 p.m. and cross examination will continue Tuesday. The remaining parishes are Holy Trinity, Charleston; Trinity, Edisto; St. John’s, John’s Island; Old St. Andrew’s, and St. Philip’s, Charleston.

Following the pattern of previous plaintiffs, much of the testimony Monday focused on the witnesses’ inability to remember any time in which their churches had ever been associated with The Episcopal Church in any way.

Witnesses for all the parishes reported that they participated in the Church Pension Fund for their clergy employees, and from time to time held policies with the Church Insurance Group. Only Episcopal churches can participate in these benefits.

Several witnesses also testified that they had served as delegates to diocesan conventions. Every three years, convention delegates vote to elect Deputies to the General Convention (governing body) of The Episcopal Church. The Rev. David Thurlow, who testified for St. Matthias, Summerton; acknowledged that he actually served as one of those Deputies, representing the diocese at the General Convention of The Episcopal Church.

The day provided some humorous moments. The witness for St. Paul’s, Bennettsville was questioned about getting the minimum number of members present to vote at a parish meeting. “We have a covered dish luncheon, and that pretty much guarantees a quorum,” he said.

Other testimony focused on more serious aspects. At St. Jude’s Walterboro, minutes of a meeting revealed that Cn. Jim Lewis told people at the parish that there was “a potential vulnerability if a parish disassociates from The Episcopal Church but is not involved in the lawsuit." The minutes say he gave information about several additional dates for “windows” when parishes could join the lawsuit against The Episcopal Church.

Asked what the “vulnerability” was that Cn. Lewis referred to, the witness said the parish was concerned about “potentially losing our property if there were an unfavorable ruling in the lawsuit.”

Tom Tisdale, Chancellor for the continuing Episcopal diocese, asked: “That wouldn’t be able to happen if you weren’t involved in the lawsuit, would it?”

“I guess not,” the witness said.

The Rev. Shay Gaillard, rector of Good Shepherd, Charleston testified about his parish in the West Ashley area of Charleston, and answered questions about the deed to the lot the church sits on, a gift that was granted to the church on condition that it is subject to the Constitution and Canons of both the national church and the local diocese, “as now in force or may hereafter be amended.”

Church of Our Savior on Johns Island had a similar phrase in its 1987 bylaws. Yet its rector, the Rev. Michael Clarkson, stated that “The Church of Our Savior has never disassociated from The Episcopal Church and in fact has never been a part of The Episcopal Church.”

The witness for St. Michael’s, Charleston, Ann Hester Willis, said she was a member of the diocesan Standing Committee from 2010-2103 and served as its secretary. Mrs. Willis was asked about the frequent “executive sessions” the Standing Committee took, for which no records were kept. Asked if St. Michael’s had governed itself according to the Constitution and Canons of the Diocese of South Carolina, or those of The Episcopal Church, she said the parish governed itself mainly by its own bylaws. “I didn’t know that’s a requirement,” she said. “I don’t know that anyone in the leadership of St. Michael’s has ever read the Constitution and Canons of The Episcopal Church.”

Both Mrs. Willis and another member of the Standing Committee, the Rev. Tripp Jeffords of St. Paul’s, Conway, testified that the Standing Committee participated in giving consents to the elections of bishops in the other dioceses of The Episcopal Church. Consenting to the election of bishops is a duty of Standing Committees under the Constitution and Canons of The Episcopal Church. A majority of other dioceses’ Standing Committees had to give consent before Mark Lawrence could be consecrated in South Carolina.
Friday, July 11, 2014 (Day 4)

After another full day of testimony from seven more plaintiff parishes, Judge Diane S. Goodstein ordered attorneys to meet over the weekend and stipulate to some of the evidence being produced by each parish. Thirty-six parishes are suing local Episcopalians and The Episcopal Church in the lawsuit, and only 18 had presented their cases at the end of the trial’s first week.

Following a brief conference, the attorneys informed the judge they will meet on Sunday to work out details of the stipulation and be ready to resume at 9:30 a.m. Monday.

On Friday, the court heard from Trinity, Pinopolis; St. David’s, Cheraw; St. Helena, Beaufort; St. Bartholomew’s, Hartsville; Trinity, Myrtle Beach; St. Matthew’s, Darlington; and St. James, James Island.

Most of the presentations were similar to those in previous days: recollections of parish meetings, resolutions, and other actions aimed at systematically distancing each parish from The Episcopal Church.

St. Helena’s, which began in 1712, brought bonus material for its presentation, displaying for the court a 1728 prayer book and a letter from Queen Elizabeth II on the occasion of Beaufort’s tricentennial.

Issues about names and signs were raised frequently. Throughout the week, parishes have reported removing “Episcopal” from governing documents and from their names, yet keeping it on the signs in front of their building. Some have removed the widely recognized “The Episcopal Church Welcomes You” signs, while others have retained them. Many have kept the word “Episcopal” in their names, but decided to remove the Episcopal shield logo, as one witness said, “at some point after the commencement of the present litigation.”

Witnesses also described how they still keep The Episcopal Church's Book of Common Prayer and The Hymnal 1982 in their pews and use them at services. Other testimony explored how parishes sent delegates to conventions of the diocese, who in turn voted on the deputies they sent to General Convention, the governing body of The Episcopal Church.

Some witnesses confirmed that their parishes had received loans from Episcopal Church organizations over the years; made contributions to the Church Pension Fund for their clergy; and paid premiums to the Church Insurance Group, which provides property insurance for Episcopal churches. St. Bartholomew’s in Hartsville was completely lost in a 1987 fire, and a new church was built on the same site with church insurance money, according to testimony.

Yet most of the witnesses testified that they never considered themselves part of The Episcopal Church. “We don’t believe we were ever connected to The Episcopal Church,” the St. Bartholomew’s witness said.

An official from Trinity Myrtle Beach talked about action taken to amend the bylaws and remove “Episcopal” from the church’s name in 2009. He said parishioners were assured that “this in no way changes our denominational affiliation – Trinity will still continue to be an Episcopal church.” But he went on to say that the church had not actually considered itself part of The Episcopal Church, only a part of the diocese.

During the St. Matthew’s Darlington testimony, more bylaws and articles of incorporation were discussed. However, the witness also spoke of growing up as both an Episcopalian and a member of the Diocese. “I never thought about not being part of some wider Episcopal Church,” he said.

Thursday, July 10, 2014 (Day 3)

As the third of testimony for the plaintiffs concluded at 5:30 p.m., a total of 11 of the 36 parishes involved had offered testimony. Day 2 had included those listed earlier plus Epiphany Eutawville. Day 3 was St. Luke, Hilton Head Island; St. Luke & St. Paul, Charleston; Holy Comforter, Sumter; Resurrection, Surfside; Redeemer, Orangeburg; and St. John’s, Florence.

Generally, the pattern of these presentations went as follows:

-  Swear in a parish member holding an official position such as vestry member or warden.
-  Describe the member's personal experience and roles in the parish, and general parish history.
-  State the purpose of a vestry. The uniform answer given by the witnesses for the Plaintiff is that a vestry “serves as the board of directors for the corporation.”
-  Introduce corporate charters, articles of incorporation and similar documents.
-  Describe changes to the parish’s governing documents such as bylaws, constitutions and articles of incorporation that were made, primarily in 2010-2013, by means of vestry meetings, parish meetings, etc.; these changes removed references to The Episcopal Church in the documents.
-  Discuss a resolution that was adopted by each parish called “Commitment to Continue Diocesan Relationship.” These resolutions (which all had the same title) stated the parishes’ intention to remain aligned with the group led by Mark Lawrence.
-  Offer evidence of meeting notices, attendance, quorums, results of votes, minutes taken, etc.
-  Describe deeds and other documents relating to property and property transfers, including quit-claim deeds issued by Mark Lawrence and other diocesan officials.
-  Offer testimony that neither the diocese nor The Episcopal Church had any interest in any property.
-  Offer testimony that the parish had not received money from The Episcopal Church, sought permission from TEC to change its governing documents, or had any dealings with The Episcopal Church in South Carolina, etc.

When asked what the reasons were for wishing to take actions to disassociate themselves from The Episcopal Church, witnesses made statements such as “We wanted to protect our property from an outside entity” and “We supported our bishop and did not agree with the process restricting his ministry.” A witness from St. Luke’s Hilton Head Island said there was concern that “if a parish stayed, there was a risk that The Episcopal Church would take your property.”

On cross-examination, several additional facts came out about the original governing documents of the parishes. In most cases, they originally contained statements such as “this church accedes to and adopts the constitution, canons, doctrine, discipline and worship of” the diocese and The Episcopal Church" (usually identified by their historic names: “The Protestant Episcopal Church in the Diocese of South Carolina” and “The Protestant Episcopal Church in The United States of America.”)

An example was St. Luke and St. Paul in Charleston. Its bylaws in 1995 said the parish existed “for the purpose of operating an Episcopal Church” according to the constitution and canons of the diocese and The Episcopal Church “now in force or as hereafter may be adopted.” It specifies that no “alienation of property” may be made contrary to church law, and said any article in conflict with the canons are void. In 2012, the bylaws were amended to remove such references, according to testimony.

A warden for St. Luke and St. Paul testified that the church had never viewed itself as ever having any direct relationship with The Episcopal Church, except by way of its connection through the diocese. The word “Episcopal” that appeared on the sign out front was there because it simply “meant that we had a bishop.” It has since been removed.

Varying testimony also was offered about reasons for wishing to leave The Episcopal Church. Under questioning from the parish attorneys, the reasons given had to do with “wanting to protect the property” and disagreements over the actions taken regarding Bishop Lawrence.

These were also cited as the main reasons by the witness for Holy Comforter, Sumter. However, during cross examination, a deposition from the same witness was introduced. In the deposition, given on Monday, the witness said parish leaders felt The Episcopal Church had been “moving away from the idea that Jesus Christ is the only path to salvation” and “moving away from the teaching of scripture that marriage is between a man and a woman.” For people at Holy Comforter, “Those were the two key drivers.”

At St. John’s, Florence, similar actions were taken. St. John’s vestry also passed a resolution to be part of Bishop Lawrence’s group and renounce any affiliation with The Episcopal Church. However, testimony showed that St. John’s retained the name “St. John’s Episcopal Church” and it has never amended its charter, which states its purpose is to establish and maintain “an Episcopal Church or Churches” in Florence.

Later, the witness for St. John’s testified about a trust that came from a parishioner’s estate and is currently valued at around $2.7 million. Known as the Douglas Trust, it was established for St. John’s with the provision that it remain an Episcopal Church, and remain in communion with the Church of England.
Wednesday, July 9, 2014 (Day 2)

Court was called to order just after 10 am for the cross-examination of Cn. Jim Lewis by attorneys for the defendants (The Episcopal Church and its local diocese, TECinSC). Looking again at a constitution dated 1786, which had been introduced into evidence earlier, Cn. Lewis testified that the word “diocese” does not actually appear anywhere in the document.

Mr. Tisdale reviewed with him several trademark applications, which Cn. Lewis signed using his ecclesiastical title, “Canon to the Ordinary.” He testified that he was acting as “registered agent of the corporation” in signing, but used the ecclesiastical title by habit. He also said that while most of the various names used by the diocese, such as “Protestant Episcopal Church in the Diocese of South Carolina,” came into use in the 1800s, he was unable to say how or when the corporation later came to acquire them.

Cn. Lewis also was questioned about a document relating to amendment of the articles of the nonprofit corporation of the diocese. The document was signed by Mark Lawrence as “president” of the corporation. Cn. Lewis he said he could not explain how the Standing Committee came to be the “board of directors” for that corporation (the “Protestant Episcopal Church in the Diocese of South Carolina”). But even if the Standing Committee was the board of directors, it was acknowledged that since Mark Lawrence is not a member of it, he could not be its president. 

Another document reviewed was an application for tax-exempt status from the IRS, signed by Cn. Lewis, in which the applicant stated it owned no trademarks or intellectual property. (The plaintiffs are suing over control of the diocesan name and seal.) Cn. Lewis testified that the response was a mistake, but said no effort has been made to advise the IRS of the error.

Mr. Tisdale also asked Cn. Lewis to read into the record the vows he took at his ordination as deacon and as priest, in 1994. Mr. Runyan objected, saying the vows were “irrelevant.” Judge Goodstein allowed Mr. Tisdale to “proffer” the testimony, meaning it was not admitted as evidence but becomes part of the record of the trial if an appeal is filed later. Cn. Lewis read the vows that appear in the Book of Common Prayer, as they were administered to him by Bishop Salmon in 1994. They say, in part: “I do solemnly engage to conform to the doctrine, discipline, and worship of The Episcopal Church.”

Additional questions were posed to Cn. Lewis by David Booth Beers, representing The Episcopal Church. He reviewed a resolution saying that certain actions by The Episcopal Church violated the church’s constitution and were “repugnant to the plain teaching of scripture,” and asked Cn. Lewis to state what actions were described by the resolution. “How long a list would you like?” Cn. Lewis replied. But on objections from Mr. Runyan, Judge Goodstein did not allow the question. “You’re now into the separation of church and state,” she said. 

Mr. Beers quoted from the SC Supreme Court’s All Saints decision: “where a civil court is presented an issue which is a question of religious law or doctrine masquerading as a dispute over church property or corporate control, it must defer to the decisions of the proper church judicatories in so far as it concerns religious or doctrinal issues.” However, the judge ruled that the testimony was “not relevant” and did not allow it.

The Plaintiffs later called Robert M. Kunes to testify as treasurer of the Trustees of the diocese, who are one of the plaintiffs. He testified that the board of trustees serves as the board of directors for a corporation, and its duties are to hold property and assets for the diocese. He said the national church has no rights to any property or voice in the governance of the corporation. Under cross-examination, Mr. Tisdale asked about how trustees are elected by the Diocesan Convention under the Constitution and Canons of the diocese. He also questioned Mr. Kunes about who the beneficiaries are of the trust of which he is a trustee, and whether and how any changes might be made in the beneficiaries of the trust. Attorney Henrietta Golding objected, saying it is not a “trust” but a “South Carolina corporation.” Mr. Kunes testified that the diocese benefits from the income, and that the corporate purpose of the trustees, as set forth by state legislation in 1880 (to hold things in trust "for said church in said diocese") has never been changed. Asked about provisions in the canons of the diocese that govern trustees, Mr. Kunes said he was not aware of any.

About 12 pm, following Mr. Kunes’ testimony, some of the 34 plaintiff parishes began introducing witnesses.

The Rev. Craige Borrett, rector of Christ-St. Paul’s for 22 years, testified about his parish and about quit-claim deeds received for five pieces of property owned by Christ-St. Pauls. He also spoke about his service on the Standing Committee of the diocese under Bishop Salmon, having served as president of it for a time. Currently he serves on the trustees of the corporation, where he has been since about 2009. Mr. Tisdale asked if the trustees ever were informed that the diocese was preparing to issue quit-claim deeds for property. Rev. Borrett said he didn’t recall ever hearing about that as a trustee.

Other plaintiff parish testimony came from All Saints, Florence; Christ-St. Paul’s, Yonge’s Island; Christ the King-Waccamaw; and St. Andrew’s, Mount Pleasant. Witnesses described how in late 2012 and early 2013 they held parish meetings, adopted resolutions to support Mark Lawrence and be part of his organization following the disassociation with The Episcopal Church, and revised parish bylaws to remove references to The Episcopal Church. Descriptions of the various meetings and documents such as minutes and bylaws occupied the remaining half day of testimony.

During testimony about St. Andrew’s in Mount Pleasant, it was noted that the church still has signs posted in front of the church calling itself “St. Andrew’s Episcopal Church.” 

Tuesday, July 8, 2014 (Day 1)
The trial began today in the Dorchester County Courthouse in St. George. Attorneys and onlookers assembled for the 9 am start time, and visited quietly with one another until 9:50, when Judge Diane S. Goodstein took the bench. Both sides waived opening arguments. The Plaintiffs (the breakaway group operating as the “Protestant Episcopal Church in the Diocese of South Carolina” and the parishes that joined in the suit) then began presenting testimony.

The first witness was Wade H. Logan III, who became chancellor (legal adviser) of the diocese around 2007 and continues to serve in that capacity for the breakaway organization. Two of the plaintiffs’ 41 attorneys questioned Mr. Logan for more than two hours on general matters such as what a parish vestry does, who else has served as chancellor, and how bishops are chosen. A number of convention journals and other records were admitted into evidence along with documents relating to the incorporation of the diocese in 1973 and subsequent changes in corporate documents.

Later, the Rev. Cn. Jim Lewis, who was canon to the ordinary of the diocese before the split and continues to hold that title with the breakaway organization, testified at length about matters such as the number of parishes and missions. He also spoke about various votes taken at conventions in which the breakaway group approved actions that purported to remove the diocese’s accession to Episcopal Church law.

Cn. Lewis also testified regarding the various names used by the diocese, such as “The Protestant Episcopal Church in the Diocese of South Carolina”, and its seal. Cn. Lewis said he took steps to register several of the names with the South Carolina Secretary of State in 2010 because other breakaway groups around the United States who were trying to leave The Episcopal Church were having difficulty taking their names with them.