Toward a Better Way

An Editorial from the Living Church, October 2, 2009

During the past decade, the Episcopal Church has participated in approximately 60 court cases concerning property ownership. These cases involve, to one degree or another, the Dennis Canon, named for the late Rt. Rev. Walter Dennis, former bishop suffragan of the Diocese of New York. The Dennis Canon says this:

“All real and personal property held by or for the benefit of any parish, mission or congregation is held in trust for this church and the diocese thereof in which such parish, mission or congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the parish, mission or congregation otherwise existing over such property so long as the particular parish, mission or congregation remains a part of, and subject to, this church and its Constitution and Canons.”

The Supreme Court of South Carolina ruled in September that the Dennis Canon does not apply to the formerly Episcopal parish of All Saints Church in Pawleys Island, S.C., because that parish predates the Episcopal Church. Many conservatives have greeted that ruling with joy, and they hope it sets a legal precedent across the nation.

We are not ready to join the celebration. Conservatives who expect the South Carolina ruling to establish a widespread precedent ought to ponder the legal differences between a congregation founded in the Colonial era and one founded since the establishment of the Episcopal Church.

Further, the Dennis Canon accurately describes the relationship between a congregation and a diocese, at least within a church that strives, however imperfectly, for catholic order. Conservatives cannot afford to play a semantic game that salutes catholic order as a concept (as in the Anglican Communion’s nascent covenant) but rejects it in daily practice because expensive property is at stake.

We do not believe a property lawsuit is the best response to a congregation’s departure from the Episcopal Church. The number and intensity of lawsuits involving the Episcopal Church should be a source of shame for anyone who takes seriously these words of St. Paul: “The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers” (1 Cor. 6:7-8).

In too many cases, the Episcopal Church and departing congregations have convinced themselves that crushing their opposition is a matter of Christian stewardship. Both sides depict themselves as victims who have been forced into lawsuits by malevolent forces. Both sides sink millions of dollars into legal fees, even while loudly proclaiming how much they would rather spend these funds on Christian mission.

Amid this chaos, the Dennis Canon becomes the usual standard for sorting out who has a legitimate claim to property. It is good to have a standard for resolving property disputes, but the Dennis Canon too often could be judged by what our Lord had to say about another law: “Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning” (Matt. 19:8).

The emotional and spiritual importance of a church building is undeniable. Christian faith is incarnational. When Christians worship in the same space, year after year, that space commands a powerful hold on their imaginations and their memories. When beloved family members are buried in or near that space, the emotional stakes are even higher.

That’s all the more reason for Christian plaintiffs and Christian defendants to remember that they are Christians first, and to work for solutions outside of courtrooms.