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California Supreme Court says breakaway parish can't take national church's property

A Newport Beach parish split from the U.S. Episcopal church because of a gay bishop. The state high court rules that 'the local church did not have the right to take the church property with it.'

January 06, 2009|Maura Dolan and Duke Helfand

SAN FRANCISCO AND LOS ANGELES — Rebellious congregations that part ways with their denominations may lose their church buildings and property as a result, the California Supreme Court said Monday in a unanimous ruling.

The state high court decision came in a case involving the Episcopal Church, but lawyers said it would apply to other denominations as well.

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Several Protestant denominations, including United Methodists and Presbyterians, have faced upheaval over gay rights issues. Monday's ruling, along with similar victories that the church leadership has won in other states, is expected to dampen enthusiasm for such separations.

In a decision written by Justice Ming W. Chin, the court said the property of St. James Anglican Church in Newport Beach was owned by the national church, not the congregation. The congregation split away after the national church consecrated a gay man, V. Gene Robinson, as bishop of New Hampshire in 2003.

"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Chin wrote for the court.

The ruling follows a decision last month by 700 conservative Episcopal congregations to form a separate church in North America. The move -- driven partly by four breakaway Episcopal dioceses, including one in the Central Valley -- probably will trigger new disputes over church property.

The bishop of the Episcopal Diocese of Los Angeles applauded the ruling even as he held out an olive branch to St. James and other parishes sued by his office

The Rt. Rev. J. Jon Bruno said the diocese was "overjoyed" and predicted that the ruling would encourage disgruntled congregations to remain united with their mother churches.

Although the ruling came in a lawsuit over St. James parish, Bruno said it also would affect property disputes involving St. David's Church in North Hollywood and All Saints Anglican Church in Long Beach.

"We look forward to the possible reconciliation with these congregations," Bruno said.

Because the ruling could affect other denominations as well, several churches joined the Episcopal hierarchy in arguing against the Newport Beach congregation. They included United Methodists, Presbyterians and Seventh-day Adventists.

"The other denominations who were with us were very pleased," Bruno said.

But some breakaway parishes remained defiant.

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