SC Supreme Court Amends April 2022 Ruling

The South Carolina Supreme Court issued an opinion today in response to the seven congregations that had filed petitions for rehearing. The Court ruled in April 2022 that 14 of the churches that left The Episcopal Church and its associated diocese after October 2012 had placed their property in trust for the benefit of The Episcopal Church and its associated diocese. 

Initially eight petitions were filed for rehearing. In June, the Court denied the petition filed by Christ Church, Mt. Pleasant, in its entirety but requested briefing regarding the other seven churches based on two arguments: revocation of trust based on a specific South Carolina law, and that “no trust was created because the language purporting to constitute accession existed in the bylaws or constitutions before 1979.” After considering the arguments presented by the parties’ briefs, the Court changed its initial ruling and found that the following congregations did not create a trust pursuant to the Dennis Canon in favor of The Episcopal Church and its associated diocese (and therefore retain title to their real estate):

• Holy Comforter, Sumter
• St. Jude’s, Walterboro
• St. Luke’s, Hilton Head
• Trinity, Myrtle Beach

​Additionally, the Court found in its Order that Old St. Andrew’s, Charleston; Holy Cross, Stateburg; and Good Shepherd, Charleston, had created a trust; however, it changed its initial ruling and found that Old St. Andrew’s and Holy Cross had properly revoked their trusts and therefore retain title to their real estate. The Court denied the petition for rehearing by Good Shepherd, Charleston.

Included in today’s order was a re-filed Opinion that replaces that which was published on April 20, 2022. In summary, the amended opinion concludes that eight churches and all diocesan property (including St. Christopher Camp & Conference Center) must be returned to the historic Diocese of South Carolina and The Episcopal Church. The churches are:

• Christ Church, Mt. Pleasant (returning September 2022)
• Good Shepherd, Charleston
• Holy Trinity, Charleston
• St. Bartholomew’s, Hartsville
• St. David’s, Cheraw (returned August 2022)
• St. James, Charleston/James Island
• St. John’s, Johns Island (returned July 2022)
• St. Matthew’s, Fort Motte

Upon receipt of the Order today, Chancellor Skip Utsey noted that the diocesan leadership will meet next week when Bishop Ruth Woodliff-Stanley returns from her vacation to consider options available to the diocese as we continue to move forward.

Prayers are appreciated for all who are affected by the Court’s decisions, particularly for those congregations that may be unable to return to their church homes.

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