tag:blogger.com,1999:blog-759178030677978044.post5506763338341561789..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: Constitutional Crisis in ECUSA (Pt. VI): The Dennis CanonA. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-759178030677978044.post-21180603529860639052010-12-16T10:37:20.753-08:002010-12-16T10:37:20.753-08:00In the original colonies, the law followed the Eng...In the original colonies, the law followed the English model, where religious organizations could not hold any property on their own, but had to do so through individual trustees. And until the Supreme Court's decision in <i>Hull Church</i> (as explained in <a href="http://accurmudgeon.blogspot.com/2009/06/o-tempora-law-of-church-property-i.html" rel="nofollow">this post</a>), courts applied trust doctrine to determine which of two factions was closer to the religion of the denomination at the time the property was gifted.<br /><br />However, the Supreme Court ruled that approach unconstitutional in 1969, and ever since churches have tried to rely on provisions like the Dennis Canon, as a shortcut for a more orthodox procedure, such as getting the individual parishes' written consent to a trust. The arrogance of unilaterally imposing a trust against their will, and the hubris of taking to court all those who disagree with its imposition, has led to the decline of those churches.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-7839426709770077772010-12-16T08:19:26.749-08:002010-12-16T08:19:26.749-08:00To me, valid or not, the Dennis Canon is a red her...To me, valid or not, the Dennis Canon is a red herring. Most Episcopal parishes were established with some sort of trust language. The Dennis Canon was trying to fill the cracks.<br /><br />I think in situations like New York, the reason the statute is constitutional is because the state had already provided the terms by which a parish could incorporate within the state. If a parish decided to take a state charter as a nonprofit, it agreed to hold the property in trust. The decision was simply made the default choice of anyone who gave property into the denomination in New York State. It is not Establishment because there is the choice about whether or not to give or incorporate under those terms.<br /><br />I don't know about California's adoption of Dennis Canon language, but from what I have read, all religious societies that incorporate do so under one, standard, nonprofit law. (The same is true in Pennsylvania.)Hoofinhttps://www.blogger.com/profile/08708490639441557333noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-40600920878191568052010-12-15T06:10:11.527-08:002010-12-15T06:10:11.527-08:00Glad that you have put this information on your bl...Glad that you have put this information on your blog. After reading this, I still find it amazing that many people are convinced that the Dennis Canon was properly voted on, etc. Very glad that this state (South Carolina) could see thru the "scam" that is the Dennis Canon.<br /><br />I agree. TECUSA is in a death spiral. Corrupt leadership does not help except if death is the goal.Alexihttps://www.blogger.com/profile/09222877183938209659noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-33745079657136700712010-12-14T16:23:57.452-08:002010-12-14T16:23:57.452-08:00DavidH,
"Sometimes this website is better leg...DavidH,<br />"Sometimes this website is better legal fantasy than Grisham."<br />An ad hominem attack does not constitute a rebuttal.Dale Matsonhttps://www.blogger.com/profile/12975212053636312471noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-26796973354381031022010-12-12T20:49:05.505-08:002010-12-12T20:49:05.505-08:00Excellent information. Many thanks.
The comparis...Excellent information. Many thanks.<br /><br />The comparison to the defeasible fee is brilliant.<br /><br />Let's hope responsible attorneys representing individual parishes will act appropriately as fiduciaries for their clients and use information you have provided to the benefit of their scripturally based Anglican principals who have built, paid for, and maintained their real and personal property through the years.<br /><br />Thank you again.bluebird272https://www.blogger.com/profile/01138572507411756160noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-61387680303565759922010-12-12T14:35:39.132-08:002010-12-12T14:35:39.132-08:00DavidH, I just noticed this post at Volokh Conspir...DavidH, I just noticed <a href="http://volokh.com/2010/12/12/distinguishing-descriptive-from-normative-readings-of-constitutional-law/" rel="nofollow">this post at Volokh Conspiracy</a> which I think comes close to explaining why we disagree so often. <br /><br />This is for the most part a normative blog; I am not so much concerned with describing what the law is on a given point, as what I think it should be. For you, as a practicing attorney, it may be more important or valuable to stick with a descriptive reading of the law.<br /><br />To be sure, the advice I give my clients is based on my descriptive views, as well. I just do not blog about it, because what fires me up to write in my spare time is not what the law is, but what in my view it ought to be.<br /><br />You may see things still otherwise, of course (perhaps your views are just as normative, and happen to be opposite to mine), but that explanation of our differences works for me.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-78135007600043282822010-12-12T12:53:25.166-08:002010-12-12T12:53:25.166-08:00Glad you enjoy it, DavidH -- these days, as Grisha...Glad you enjoy it, DavidH -- these days, as Grisham chronicles in <i>King of Torts, The Firm</i> and other novels, anomie and avarice don't have to look far to find their champions.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-81111015820607324632010-12-12T09:21:20.409-08:002010-12-12T09:21:20.409-08:00Sometimes this website is better legal fantasy tha...Sometimes this website is better legal fantasy than Grisham.DavidHhttps://www.blogger.com/profile/03254619654216747524noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-21197068917254381982010-12-12T07:49:38.988-08:002010-12-12T07:49:38.988-08:00In South Carolina and one or two other states it d...In South Carolina and one or two other states it definitely does, yes, Sactohye. And in most other states, it should, as well.<br /><br />But in California and New York, the courts have interpreted two state statutes as, in effect, giving statutory force to the trusts declared by the Canon. How this special favor bestowed by the courts (or the legislatures) on ECUSA is not a violation of the First Amendment's Establishment Clause is a question still to be addressed by the United States Supreme Court.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-49992304766135304772010-12-12T07:03:12.910-08:002010-12-12T07:03:12.910-08:00The Dennis Canon violates the Statute of Frauds, d...The Dennis Canon violates the Statute of Frauds, does it not?Unknownhttps://www.blogger.com/profile/02601012457994842841noreply@blogger.com