In its April 20 decision, the South Carolina Supreme Court ruled that 14 congregations will return to our diocese and The Episcopal Church. Eight of those 14 parishes petitioned the Court on May 5 for a rehearing on a variety of issues. The Court’s rules provide two possible actions in response to these petitions: deny them outright or ask for a response from our diocese and the Episcopal Church before ruling. On Tuesday, June 7, the Court issued an order denying the petition from Christ Church, Mt. Pleasant, as well as some issues raised in the petitions from three other parishes, finding that it had not “overlooked or disregarded” any fact or law related to those issues.

The Court also requested that our diocese and The Episcopal Church respond by June 20 to the remaining issues raised by the petitions. Specifically, those issues involve trust revocation based on South Carolina law and whether trusts were created when language purporting to constitute accession existed in the parishes’ bylaws or constitutions before adoption of the Dennis Canon. Acting Chancellor Skip Utsey and the rest of our legal team will respond by June 20. After that, the Court will decide whether to grant or to deny the remaining aspects of the petitions.

In an additional order, on June 8 the South Carolina Supreme Court granted our diocese’s motion for partial remittitur. The effect of this Order is to make the Court’s April 20 decision final with respect to all diocesan properties that are to be returned to our historic diocese (including the St. Christopher Camp and Conference Center) and seven of the 14 churches that are also ordered to be returned. The churches included in the partial remittitur are: Holy Trinity, Charleston; St. Bartholomew’s, Hartsville; St. David’s, Cheraw; St. James, James Island; St. John’s, Johns Island; St. Matthew’s, Fort Motte; and Christ Church, Mt. Pleasant (the Court specifically noted that because this church’s petition for rehearing is denied, they are included in the partial remittitur).

In the meantime, conversations continue between diocesan leaders on both sides regarding the return of parish and diocesan properties that are not affected by the petitions for rehearing. 

​On Thursday, April 21, the day after the South Carolina Supreme Court handed down their latest ruling, Bishop Ruth Woodliff-Stanley reached out to the leader on the other side of the dispute, the Rt. Rev. Chip Edgar, to engage in conversation about how our dioceses can move forward for the benefit of the people of South Carolina. Both bishops have expressed a desire to move forward in a way that is different than what may have occurred in the past. “We really have an appetite to move into a new season marked by a different tone and tenor between our two communities, focused on the Gospel of Jesus and helping the people of this state,” said Bishop Woodliff-Stanley.
 
Both bishops are relative newcomers to the dispute that has lasted nearly a decade. Bishop Woodliff-Stanley took the helm of the Episcopal Diocese of South Carolina with her ordination in October 2021, and Bishop Edgar was ordained in March of this year as the second bishop of the Anglican Diocese of South Carolina, which is aligned with ACNA, the Anglican Church of North America.
 
The Court’s decision will return 14 parishes to the historic diocese that left The Episcopal Church and the Anglican Communion in 2012, along with all diocesan property, while 15 breakaway churches will remain with the new ACNA diocese. The justices of the state’s highest court found that the 14 parishes did create a trust in favor of The Episcopal Church and its diocese, while the other 15 churches did not. Additionally, the Court found that all real and personal property held in trust by the Trustees of the diocese belong to the “Associated Diocese” – the Episcopal Diocese of South Carolina. These properties would include St. Christopher Camp & Conference Center on Seabrook Island. While the immediate next steps in the process are not yet clear, the two bishops hope that their prompt meeting will set a new tone for the relationship between the two dioceses moving forward.
 
For her part, Bishop Ruth Woodliff-Stanley says her focus is the same, regardless of this legal decision. “We remain focused on where God is calling us to be and this includes reconciliation across all sorts of divides; the important work of justice – primarily race justice, LGBTQ justice, and economic justice; and building the church of the future,” said Bishop Woodliff-Stanley. “Regardless of property issues, our vision and our common mission as a diocese will continue – the Gospel is bigger than all of the controversy and we will continue forward on the mission God is calling us to lead.”
 
The two bishops met with a reporter from the Charleston-based Post & Courier on Friday, April 22, and the publication shared an article at this link.

Download this release at this link.

On Wednesday, April 20, the South Carolina Supreme Court ruled that 14 South Carolina churches that were once part of The Episcopal Church and the Episcopal Diocese of South Carolina shall be returned, along with all real and personal property held in trust for the diocese, including the St. Christopher Camp and Conference Center on Seabrook Island. The churches left the diocese in 2012 and later joined the Anglican Church in North America (ACNA) and yesterday’s news marks another milestone in a nearly decade-long legal journey that included a lower court decision in 2014 which was largely overturned by the state’s high court in 2017 and then further clarified with the decision yesterday.

Of the decision, the Right Reverend Ruth Woodliff-Stanley, Bishop of the Episcopal Diocese of South Carolina, said: “Their decisions will no doubt bring joy to many in our diocese, but for others, there will be grief in the possible finality of a loss they have been feeling for nearly 10 years.” She also added a hope for the future of the reconciled diocese: “…we now walk into a bright future, one in which we will focus on the reconciling power of the Gospel to transform injustice, to heal the brokenhearted, and to build God’s beloved community.”

The South Carolina Supreme Court, using a variety of determining factors, decided that 14 parishes (of the 29 previously named) did create an “irrevocable trust in favor of the National Church and its diocese” (the Episcopal Diocese of South Carolina – the “Associated Diocese”). These 14 parishes are as follows: Christ Church, Mt. Pleasant; Good Shepherd, Charleston; Holy Comforter, Sumter; Holy Cross, Stateburg; Holy Trinity, Charleston; St. Bartholomew’s, Hartsville; St. David’s, Cheraw; St. Luke’s, Hilton Head; St. Matthew’s, Fort Motte; St. James, Charleston; St. John’s, Johns Island; St. Jude’s, Walterboro; Trinity, Myrtle Beach; and Old St. Andrew’s, Charleston.

Conversely, the Court found that 15 of the 29 parishes “did not create a trust in favor of the National Church or its diocese, and thus those 15 Parishes retain title to their real estate.” These parishes are as follows: All Saints, Florence; Church of our Saviour, John’s Island; Church of the Cross, Bluffton; Christ-St. Paul’s, Yonges Island; Epiphany, Eutawville; Redeemer, Orangeburg; Resurrection, Surfside/Myrtle Beach; St. Helena’s, Beaufort; St. Paul’s, Bennettsville; St. Paul’s, Summerville; St. Philip’s, Charleston; St. Luke & St. Paul, Charleston; St. Michael’s, Charleston; Trinity, Edisto; and Trinity, Pinopolis. 

The South Carolina Supreme Court has decided that all real and personal property, including the St. Christopher Camp and Conference Center, have been held “in trust for the benefit of the National Church [The Episcopal Church] and the Associated Diocese,” meaning the Episcopal Diocese of South Carolina. The ruling further concluded that “The real and personal property held in trust by the Trustees is now held for the benefit of the Associated Diocese.”

On all matters and questions relating to “names, styles, emblems, and service marks,” the Court deferred to the federal court.  The U.S. District Court previously ruled in favor of The Episcopal Church and the Episcopal Diocese of South Carolina (also recognized as The Episcopal Church in South Carolina) in September 2019. This decision has been appealed, but any future rulings were stayed pending the outcome of this state case.

In her pastoral letter to the diocese sent hours after receiving the opinion, Bishop Woodilff-Stanley discussed the next steps for the diocese. “We are still working to understand the immediate path forward and promise to be in communication with you as our legal team helps us determine what comes next,” said Bishop Woodliff-Stanley. “May we focus together on reconciliation and the way of love as we journey together on the road ahead, centered in Christ’s love for all of us.”

The Episcopal Diocese of South Carolina was one of the nine original dioceses that formed The Episcopal Church in 1785. The Episcopal Church, which encompasses 111 dioceses and regional areas in 17 nations of the world, remains the only denomination in the United States affiliated with the worldwide Anglican Communion. 

Earlier today, the South Carolina Supreme Court held a hearing concerning the appeal filed by our diocese and The Episcopal Church in regard to the June 19,2020, order by Judge Edgar Dickson that essentially reinstated much of the lower court ruling that had been reversed by the high court in the Supreme Court decision from August 2017.

As the appellants in this case, attorneys for the Diocese of South Carolina and the Episcopal Church side were asked to speak first and were given 25 minutes for the first argument, and another 10 minutes for a rebuttal after the respondents were given 25 minutes to speak to their positions.

Over the course of the hearing, the justices asked many questions of both sides, covering a variety of questions before the Court, and time limits were extended. The entire hearing lasted approximately one hour and 30 minutes. The Honorable James Lockemy, Chief Judge of the South Carolina Court of Appeals, was an acting justice for the hearing today, in place of Justice Kaye Hearn, who has recused herself from further litigation between these parties.

“We are thankful that the South Carolina Supreme Court provided the opportunity for this hearing today, and we eagerly await their decision,” said Thomas Tisdale, chancellor of the Episcopal Diocese of South Carolina.

Attendance at the hearing was limited due to COVID-19 precautions. Our diocese was represented in the courtroom by our chancellor, Thomas Tisdale, and Bert “Skip” Utsey. Mary Kostel, as chancellor to the presiding bishop, was present representing The Episcopal Church. Mr. Utsey, who presented our case before Judge Edgar Dickson in the hearings leading up to this time, was the primary speaker for the appellants.

The Rt. Rev. Ruth Woodliff-Stanley, bishop of the Diocese of South Carolina, watched remotely in Columbia, SC, near the proceedings and met with the attorneys afterward. “I am grateful for the outstanding work of our legal team, and I ask the people of the diocese to continue holding all concerned in your prayers,” said Bishop Woodliff-Stanley.

The South Carolina Supreme Court is expected to respond to today’s hearing after a careful weighing of the issues before them, including the information they learned today. There is no expected timeline for a response. The hearing was livestreamed by the South Carolina Supreme Court, and is now available on the Court’s website at this link. 

Yesterday afternoon, the South Carolina Supreme Court announced a hearing date of Wednesday, December 8, at 9:30 a.m. concerning the appeal filed by our diocese and The Episcopal Church in regard to the June 19,2020, order by Judge Edgar Dickson that is contrary to the Supreme Court final judgement from August 2017. In that 2017 ruling, a 3-2 majority of the South Carolina Supreme Court reversed, at least in part, the declaratory judgement of the lower court, deciding that diocesan property and 29 parishes should be returned to the parties affiliated with The Episcopal Church. The Dickson Order, however, essentially reinstated much of the lower court ruling that had been reversed by the high court. 

“We are pleased that the South Carolina Supreme Court has set a date for this hearing and we look forward to the opportunity to present our appeal,” said Thomas S. Tisdale, Jr., Chancellor of The Diocese of South Carolina.

Bishop-elect Ruth Woodliff-Stanley, who will be consecrated as the fifteenth bishop of our historic Diocese of South Carolina on October 2, offered her complete support in a statement to the diocese: “As your new bishop, know that I stand with and for the people of the Episcopal Diocese of South Carolina in expecting the South Carolina Supreme Court to uphold its decision from August 2017,” said Woodliff-Stanley. “I am grateful for the courage and resiliency of our people and communities, many of whom are displaced from their sacred spaces.  Know that I will do everything in my power to further the continued strength and health of our beloved communities across the diocese, confident in the power of the resurrection.”

Attorneys for our diocese and The Episcopal Church previously argued in briefs filed with high court regarding this appeal that the 2017 ruling of the South Carolina Supreme Court which reversed the decision of the lower court cannot and should not be overturned by the actions of a lower court judge who was charged with enforcing the Supreme Court’s judgment. As noted in the March 2021 brief, “The citizens of South Carolina rely on the finality of this Court’s decision.”

In the initial appellate brief filed in November 2020, our diocesan attorneys noted it was clear from the August 2017 final judgement of the South Carolina Supreme Court that the Supreme Court Justices, as well as the opposing side, referred to the opinion of the Court as a “majority opinion” and confirmed that this opinion “reversed” at least in part, the previous decision of the lower court under Circuit Judge Diane Goodstein. The Brief further noted that: “By ruling in favor of Respondents [the disassociated diocese] the Dickson Order issued a declaratory judgment that largely duplicated that of the now-reversed Goodstein Order.”

​More details will be shared as it becomes available.

On Thursday, March 4, attorneys for the Diocese of South Carolina (also known as The Episcopal Church in South Carolina (TECSC)) and The Episcopal Church filed an Initial Reply Brief of Appellants with the South Carolina Supreme Court. The brief was filed in response to the brief filed by the opposing side on February 12, 2021, which was filed as a reply to the diocese’s Initial Brief of Appellants filed November 12, 2020. All briefs relate to the June 19, 2020 Order by South Carolina Circuit Court Judge Edgar Dickson. That Order is contrary to the Supreme Court final judgement from August 2017 which ruled that diocesan property and 29 parishes should be returned to the parties affiliated with The Episcopal Church.

In the March 4 brief, the national church and the historic diocese dispute the claims made by the opposing side (“Respondents”), noting that the disassociated diocese continues an “effort to have a differently comprised panel of this Court [the South Carolina Supreme Court] relitigate the trial and prior appeal of the case.” The brief further notes that “there is no legal basis or authority for this Court to ignore its previous decision and to reconsider this matter anew, just as there was no legal basis or authority for the Circuit Court to do so.”

The 15-page brief clearly argues the law of the case in support of the arguments of the historic Diocese of South Carolina (TECSC) that the 2017 ruling of the South Carolina Supreme Court that reversed the decision of the lower court cannot and should not be overturned by the actions of a lower court judge who was charged with enforcing the Supreme Court’s judgment. As noted in the brief, “The citizens of South Carolina rely on the finality of this Court’s decision.”

Now that the final briefs have been submitted, attorneys for both sides will await a final decision from the South Carolina Supreme Court, which likely will be preceded by a hearing. It is unknown as to the timing of the next steps in this case.