Blog-Archiv

September 26th, 2017

9/26/2017

Legal news update
September 26, 2017

Bishop Adams and members of the legal team for our Diocese and The Episcopal Church have been asked to attend a mediation planning session in Columbia on October 4 with Senior U.S. District Judge Joseph F. Anderson, Jr. and representatives of the breakaway group involved in federal and state litigation resulting from a 2012 division. Judge Anderson has been designated as the mediator to facilitate conversations among the parties. The meeting October 4 is intended to work on establishing dates and procedures for the mediation.

In the state case, the South Carolina Supreme Court ruled in favor of the Episcopal Church parties on August 2. Post-opinion motions were filed by thebreakaway group seeking a rehearing and asking for recusal of one of thejustices. The Episcopal Church reply was filed last week, and on September 25, the breakaway group filed a response to that reply. (Find the documents on our website here.)

No further filings are anticipated, and all parties now await the court's ruling on the motions.

Response asks SC Supreme Court to deny post-opinion motions

9/18/2017

The South Carolina Supreme Court should deny the post-opinion motions filed by a breakaway group on September 1, as they are without merit and offer no legal basis for granting a rehearing, according to a legal response filed Monday by The Episcopal Church and its local diocese, The Episcopal Church in South Carolina.

The response asks the Supreme Court to deny a motion for a rehearing on its ruling August 2 in favor of the Episcopal Church parties. It also asks the court to deny a motion seeking to have one of the five justices who wrote the opinion recused from the case. The motions "present two types of arguments: arguments that are wrong and rehashed, and arguments that are wrong and untimely," the response says.

The First Amendment of the U.S. Constitution prevents civil authorities from interfering in a church’s internal governance. The overwhelming weight of precedent, both in courts across the United States and in South Carolina’s courts, upholds the state Supreme Court’s ruling awarding property and assets to The Episcopal Church and its local diocese, The Episcopal Church in South Carolina.

Regarding the motion for recusal, the response notes that Supreme Court Justice Kaye Hearn’s opinion is legally sound and is fully supported by precedents established by the state Supreme Court and many other jurisdictions around the country, including the United States Supreme Court. The breakaway group is seeking to have Justice Hearn’s opinion vacated because she is an Episcopalian. Any motion for recusal should have happened at the beginning of the appeal, the response says. "All Respondents proffer is rhetoric and unfounded allegations. ...The manner in which Respondents have conducted themselves demonstrates little regard for the Court and one of its members."

Church services this Sunday

9/9/2017

As we continue to watch the predicted track of Hurricane Irma, here's information about where services are being offered this Sunday. If you already evacuated, be sure to visit the Episcopal Church's Find A Church tool to locate a place to worship near you.

Here is the status of churches in our diocese as of 8:30 am Saturday:

Definitely having services on Sunday, September 10
(check their websites for times & details)
Grace Church Cathedral, Charleston
Calvary, Charleston
Holy Communion, Charleston (no 9:15 service, all others being held)
St. Thomas, North Charleston
Good Shepherd, Summerville
St. George's Summerville
Messiah, Myrtle Beach
Cheraw
East Cooper
Holy Cross Faith Memorial, Pawleys Island
St. Francis, Charleston
St Albans, Kingstree
St. Stephen's, St. Stephen
St. Catherines, Florence
Christ, Denmark
The Episcopal Church on Edisto
St. Anne’s Conway (NOTE: meeting at an alternate location)

Not having services this Sunday:
St. Mark's Port Royal
St. James-Santee, McClellanville
All Saints, Hilton Head Island
Heavenly Rest ,Estill
Holy Communion, Allendale
St. Stephen's ,Charleston
The Episcopal Church in Okatie
St. Mark’s, Charleston
St. Philip's Chapel, Voorhees College

Congregations not listed here have not announced plans yet. Watch this post for updates as they come in.

An update on legal matters involving our diocese

9/8/2017

From the Bishop:

Dear People of The Episcopal Church in South Carolina,

As I write this, Hurricane Irma is bearing down upon us and we are not yet certain of the exact track it will take. Know that all of you are in my prayer for your safekeeping even as we hold others affected close to our hearts. If you are traveling, know that God is with you and that you will be given the grace to meet whatever it is that lies ahead.

In the midst of hurricane winds, there are also the metaphorical winds from the implications of the decisions of the State Supreme Court regarding our church property. I want to assure you that we are paying close attention to what is needed. The leadership of our Diocese, involving many people, will be included in all the needed upcoming decisions. One of our goals all along has been transparency and we will continue on that track and get information to you as soon as we are able.

Accompanying this note to you is what we know at this time. If you have questions please direct them to my office. As I have said to you before, speculation and conjecture are not helpful and only tends to raise anxiety in the system. The best thing we can do in the midst of patient waiting, is continue to be God’s ambassadors of the Good News of Jesus as we love each other into what God is calling us to be.

Grace and peace to all of you as I remain grateful for being your bishop in this time.

Bishop Skip

The Rt. Rev. Gladstone B. Adams III
Bishop Provisional, South Carolina

Update: September 8, 2017

On September 4, we shared information about several developments in the state and federal litigation that involves our diocese, The Episcopal Church, and a breakaway group. While our prayers and attention are rightly focused now on the approach of Hurricane Irma, we also wish to share an update on the status of legal matters in order to clarify where things now stand.

Motions before the state Supreme Court

Three motions were filed on September 1 by the breakaway group, seeking to have the South Carolina Supreme Court revisit its August 2 decision, or reverse it. On September 7, the Supreme Court asked us to file a response to the motions within 10 days. There is no timeframe specified by law for when the court may rule on these motions. Patient and prayerful waiting is our role at this time.

Mediation

In late August, during a status conference in U.S. District Court, Judge Richard Gergel suggested mediation in the federal case, vonRosenberg v. Lawrence. At the same time, even though the state case is outside his jurisdiction, Judge Gergel suggested that the parties might consider mediation in the state case as well.

Mediation is best understood as a conversation, with a mediator directing and facilitating. In this case, the mediator is Senior U.S. District Judge Joseph F. Anderson Jr. of Columbia. The only way mediation results in any action is if all parties agree to it in writing. It does not stop the clock on the ongoing litigation, or affect the state Supreme Court decision in any way. The aim is not to alter that decision, but to seek an agreement about how best to implement it.

Until now, the idea of mediation has been consistently rejected by the breakaway group. As a diocese, our goal has always been healing and reconciliation, so when a doorway to conversation opened, Bishop Adams and our legal team agreed that it was important to take it.

As has always been the case, decisions involving church property require approval from the Bishop and Standing Committee, in consultation with diocesan leaders and with leadership of congregations who might be affected. Standing Committee President the Rev. M. Dow Sanderson has been briefed this week along with the Bishop, and the full Standing Committee will hear more at its scheduled meeting next week.

Communication

Our goal as a diocese is always transparency. Legal matters are one area where, for obvious reasons, no one can lay all their cards on the table, and so we must trust the people of the diocese to understand when we are not able to comment. Our aim is to be candid, forthright and accurate in all our communications. At times, this may take more time than we, or you, may wish.

Regrettably, some may have felt out of the loop over the recent holiday weekend, as the bishop and staff were all traveling, and the update on the legal situation could not be shared until Labor Day afternoon. As a result, we will be looking at how we can be more responsive in the future.

It is disappointing that some media have engaged in speculation about the legal situation while waiting for the facts to be shared. One way to respond to rumors or uninformed speculation is to contact the Bishop’s office by phone or email with your questions. Within our limitations as a part-time staff, we will respond as quickly as we are able.

There is much to be hopeful about in these developments. As we hold everyone in Irma’s path in our prayers, please also continue to pray for one another, and for all those who are affected by the division in our diocese.

Hurricane Irma: Information and Updates

9/7/2017

Please continue to pray for all who have been affected by the hurricane, or are in its path. The Rev. Cn. Frank Logue, Canon to the Ordinary of the Diocese of Georgia has shared this prayer:

Almighty God, who calmed the storm tossing the disciples’ boat, calm the fears that beset us as we await Hurricane Irma: Grant us the peace that comes from you alone as we sit with the uncertainty of evacuation and in fear of damage to our homes and our communities, draw us ever closer to you, and give us the grace to comfort and aid others in need; through Jesus Christ your Son our Lord. Amen.

Prayer for Travelers
O God, our heavenly Father, whose glory fills the whole creation, and whose presence we find wherever we go: Preserve those who travel during the storm; surround them with your loving care; protect them from every danger; and bring them in safety to their journey’s end; through Jesus Christ out Lord. Amen. (Adapted from BCP p. 831)

If you will be evacuating this weekend, you can find an Episcopal Church near you using the "Find a Church" feature at episcopalchurch.org.

Diocesan Office closed

The office will be closed on Monday and Tuesday next week due to the storm. All staff will be available by cell phone and email for emergencies.

Cancellations

Many congregations are announcing postponements and cancellations. Please watch the individual churches' communication channels (website, Facebook, email) for updates. The Bishop's visitation for this Sunday to Church of the Heavenly Rest, Estill and Church of the Holy Communion, Allendale has been postponed.

Further information

While the Diocesan Offices are closed, Bishop Adams and the diocesan staff are in communication with each other and with the leaders/points-of-contact in every congregation. The website will be updated as further information becomes available: episcopalchurchsc.org.

The South Carolina Emergency Management Division offers this Hurricane Guide that may be helpful.

Finally, if you would like to help with disaster relief in areas that may be affected by the storm, please visit Episcopal Relief and Development and make a donation.

Legal news update

9/4/2017

Friday was the deadline for a motion for rehearing to be filed in the South Carolina Supreme Court involving the court’s decision on August 2 in the litigation initiated by a breakaway group over church property and assets.

On Friday, the breakaway group first filed a motion for an extension, seeking an additional 15 days in which to file a motion for rehearing. That motion was denied. It was the second request for an extension; earlier, the court had granted a 15-day extension from the initial 15-day filing window.

Just before the 5:00 p.m. deadline, the breakaway group filed a motion for rehearing, as well as a motion for recusal directed at Justice Kaye Hearn. One of the affected parishes, Good Shepherd, also filed a motion for rehearing earlier in the afternoon.

At this time, no decision has been made by the Supreme Court on these motions.

The motion for an extension filed Friday made reference to a separate federal lawsuit currently before the U.S. District Court in Charleston. In that case, vonRosenberg v. Lawrence, Judge Richard Gergel issued an order on August 30 that, with the consent of all parties, the case be assigned to senior U.S. District Judge Joseph F. Anderson Jr. for mediation.

Thomas S. Tisdale Jr., Chancellor of The Episcopal Church in South Carolina, said Monday that The Episcopal Church in South Carolina and The Episcopal Church have agreed with the other parties in the state court case to mediate both the state and federal cases, in an effort to resolve all the disputes and bring an end to the litigation that has divided the diocese.

Mr. Tisdale said that mediation is a voluntary process in which the mediator works with the parties to see if a settlement can be reached. It is not binding on any of the parties and if it does not result in a settlement, the litigation continues as before.

September 26th, 2017

Response asks SC Supreme Court to deny post-opinion motions

Church services this Sunday

An update on legal matters involving our diocese

Hurricane Irma: Information and Updates

Legal news update

News Blog

Archives

Categories