Monday, January 4, 2010

ECUSA's "Hierarchy": R.I.P.

The topic of the "hierarchical" character of the Episcopal Church (USA) is going to receive even more focus in the coming months. Appellate court decisions are pending in Fort Worth, Texas and in Fresno, California, where the issues involve the nature of the relationship between a diocese and the national organization -- an unincorporated association of all the dioceses which calls itself (with no justification) a church.

One would think this would be a fairly straightforward legal issue. There is, after all, no magic whatsoever to an unincorporated association. It is an association -- a gathering, collection, or assembly -- of its members (in this case, the dioceses). It is unincorporated, so it has no separate legal personality; it lasts only for as long as its members decide to remain associated.

However, the current leadership at 815 has staked its all on an artificial claim that when it comes to religious unincorporated associations, the whole is greater than its parts. One of the constant buttresses cited in support of this claim is that when dioceses join the national association, they "accede without qualification" to the national Constitution and Canons.

This post presents the links and citations to document that nothing could be further from the truth. The Protestant Episcopal Church in the United States of America (to give it its full name) did not spring into existence fully formed, like the goddess Minerva. Instead, it organized and re-formed itself over the years, with new dioceses joining, leaving (during the Civil War) and joining again, splitting off to become a missionary district, then a missionary diocese, and finally applying to join as an autonomous diocese. In the process, the types and forms of documents used to accomplish the joinders varied tremendously; there was no single uniform process followed by each and every Diocese.

Moreover, the requirement of an "unqualified" accession clause has been in the Constitution (Art. V, sec. 1) only since General Convention finally approved the addition of that word in 1982. Most of ECUSA's dioceses were organized and admitted before that date. And the very adoption of the amendment in 1982 has to imply that any qualifications, or inadequacies, in the accession clauses of Dioceses admitted before that date were accordingly constitutional---otherwise, why insist that the clause suddenly be "unqualified"? Thus ECUSA's own Constitutional history can be cited in support of the proposition that from the beginning it was never truly a "hierarchical" organization in which dioceses were always and fully subordinate to General Convention. As a matter of history and common sense, they simply were not.

As a consequence of this history, there are still a number of Episcopal dioceses today which have never acceded to the national Constitution or canons in any of their governing instruments. There are also many others that have acceded to ECUSA's Constitution, but not to its canons. (So much for the supposedly "universal" effect of the Dennis Canon. Note that the Constitution on its own has no language which gives the national canons precedence over diocesan canons, so that "acceding" to just the Constitution does not carry with it an agreement to be bound by the canons.) And to be sure, the majority of ECUSA dioceses do have a standard accession clause in their respective Constitutions.

There follow below the links to the websites of all the 110 present and former dioceses of the Episcopal Church, plus the Convocation of American Churches in Europe (which is not a diocese, although it is listed here for the sake of completeness), including the four dioceses that have withdrawn since 2007, along with the corresponding accession clauses (or other clauses, when no accession clause is present) of their respective Constitutions. They are listed by Province (former dioceses are listed with their former province, again for the sake of convenience only), in alphabetical order and numbered consecutively. They are broken down, however, into three groups according to whether the Diocese in question (a) has no accession clause in its governing instruments; (b) accedes to ECUSA's Constitution, but not to its canons; or (c) accedes to both its Constitution and Canons. (For ease in scrolling, the names of the dioceses in the first group are given in blue; the names in the second group are given in green; and the names in the third group are given in red-brown.) Thus if a number is missing in the first group, it will be found in the second or third group. Please use the comments below to let me know about any broken links.

GROUP I: No Accession Clause (or Qualified Accession Clause)

Province II

8) Diocese of Albany http://www.albanyepiscopaldiocese.org/

The diocesan Constitution and canons may be viewed online. There is no accession clause; instead, Article IX reads:

ARTICLE IX

The Convention may adopt Canons and Rules of Order consistent with this Constitution or the Constitution and Canons of the General Convention.

The language is permissive, not mandatory ("The Convention may adopt Canons and Rules of Order . . ."); and they may be consistent with either the diocesan Constitution or ECUSA's Constitution and Canons---but they do not have to be.

9) Diocese of Central New York http://www.cny.anglican.org/

Page from which Constitution and Canons may be downloaded (as a .pdf file)

There is no accession clause in the Diocesan Constitution. Various ECUSA Canons are incorporated by reference at points; for example, the Title of the Canons having to do with Discipline (Title IV) is incorporated by reference into the Diocesan Canon (XXVII) on Clergy Discipline. For purposes of parish property, the Diocese has its own version of the Dennis Canon, in its Canon XXIII, as follows:

Canon XXIII.
Of Parishes and Diocesan Properties.
In conformity and consistent with the provisions of Title I, Canon 7.4 and .5 of the Canons of the General Convention*, it is hereby explicitly reaffirmed that all real and personal property held by or for the benefit of any parish, mission, chapel, or congregation located in the Diocese of Central New York is held in trust for the Episcopal Church and The Diocese of Central New York. The existence of this trust, however, shall in no way limit the power and authority of the parish, mission, chapel, or congregation, or the power and authority of the Trustees of the Diocese holding title thereto, otherwise existing over such property so long as the particular parish, mission, chapel, or congregation remains a part of, and subject to, The Episcopal Church and the Diocese of Central New York and the Constitution and Canons of each of them.

* Title I, Canon 7.4 & 7.5 of Business Methods in Church Affairs
While this language "reaffirms" the trust expressed in Dennis Canon, there is no language by which the Diocese itself accedes to the Dennis Canon as adopted by the Episcopal Church, and agrees to be governed by its terms. The Canon observes merely that its language is "consistent with" and "in conformity" with the current version of the Dennis Canon.



No Constitution and Canons as such appear to have been adopted; none is on the official diocesan website (above).

After a lengthy search on the Web and in the ECUSA Digital Archives, I have been unable to locate any resolution of General Convention by which the Diocese of Haiti was admitted into union with General Convention in the manner followed by other dioceses. Instead, the "Haitian Orthodox Apostolic Church", which had entered into a covenant with PECUSA in 1874 under its then Bishop Jacques T. Holly by which it became recognized as part of the Anglican Communion (the text of the Covenant may be read at the end of this post). It contains a promise "always to guard in all their essentials a conformity to the doctrine, worship and discipline of [PECUSA]. . .". Haiti was joined as a Missionary District of ECUSA in 1913, and then ten years later, under the name "Eglise Episcopale d'Haiti", was made a Missionary Diocese. Without any fanfare, General Convention in 1985 approved Resolution A-157 striking out the word "Missionary" in front of the words "Dioceses of Haiti and the Virgin Islands" in Canon I.8.1, which described the Dioceses belonging to Province II. This change apparently was made to conform with an earlier amendment to Article I, Section 4 of the Constitution which struck the references in that section to Missionary Dioceses. For a number of years afterward, General Convention allowed Haiti to explore plans to join an envisioned Caribbean Province, but it eventually dropped those plans. Haiti now remains as a full-fledged autonomous diocese in Province II, without ever having acceded as such in any way to ECUSA's Constitution and Canons. (It is unknown whether Haiti adopted any form of Constitution at the time it was accepted as a Missionary Diocese.) It is also noteworthy that the Diocese of Haiti has the largest number of active baptized members of any diocese in ECUSA (over 82,000 in 2006).


12) Diocese of Long Island http://www.dioceselongisland.org/

Link to page from which may be downloaded (as a .pdf file) the Constitution and Canons (2009 version)

There is no accession clause as such in the diocesan Constitution. Instead, the Constitution limits the Convention to matters "not governed by" the national Constitution and Canons:
WHEREAS, the members of the Protestant Episcopal Church in the United States of America, resident in the Diocese of Long Island, are united together, and a representative body has been created for government, and such members have associated themselves by voluntary compact for the inculcation and maintenance of sound doctrine and true religion, the promotion of discipline, the ordering of the affairs and the management of the property of the Church in the Diocese;

AND WHEREAS, the Bishops, Priests, Deacons, and the Laity by their representatives, have met together in the Convention;

NOW THEREFORE, they do solemnly declare and establish:

ARTICLE I. Declaration of Doctrine. We hold and maintain the Sacraments as the Lord Jesus Christ hath commanded, the Doctrine, Discipline and Worship, as the Protestant Episcopal Church in the United States of America doth receive the same.
. . .
ARTICLE XI. Power. The Convention shall have power to provide for all matters not governed by the National Constitution and the National Canons or by this Constitution.
Province III

23) Diocese of Maryland http://www.ang-md.org/

Link to download Constitution and Canons (.pdf file of 2010 version)

There is no accession clause in the Diocesan Constitution. Some of the Canons make reference to national Canons, and Canon 4-200 (2) (e) incorporates the provisions of Title IV (Ecclesiastical Discipline):
(e) During the period from June 1, 1995 until January 1, 1996 provisions of Resolution No. A019 passed at the 71st General Convention of the Episcopal Church (which Resolution revised Title IV of the National Canons, the same to take effect on January 1, 1996) shall govern ecclesiastical discipline in the diocese of Maryland except to the extent that the provisions of the revised Title IV are in conflict with the existing Title IV of the National Canons. From and after January 1, 1996 the provisions of Title IV of the National Canons, as the same may be amended from time to time by the General Convention, shall govern ecclesiastical discipline in the Diocese of Maryland.
26) Diocese of Pittsburgh http://www.pitanglican.org/

Constitution and Canons (.pdf download of 2009 version)

At its annual convention in October 2008, the Diocese of Pittsburgh voted to remove the accession clause from its Constitution, which then read as follows:
Section 1. The Church in the Diocese of Pittsburgh, being a constituent part of the Protestant Episcopal Church in the United States of America, accedes to, recognizes, and adopts the Constitution and Canons of that Church, and acknowledges its authority accordingly. In cases where the provisions of the Constitution and Canons of the Church in the Diocese of Pittsburgh speak to the contrary, or where resolutions of the Convention of said Diocese have determined the Constitution and Canons of the Protestant Episcopal Church in the United States of America, or resolutions of its General Convention, to be contrary to the historic Faith and Order of the one holy catholic and apostolic church, the local determination shall prevail.
The 2008 convention replaced that language with the following:
Section 1. The Church in the Diocese of Pittsburgh is a constituent member of the Anglican Communion, a Fellowship within the One, Holy, Catholic and Apostolic Church of those duly constituted Dioceses, Provinces and regional churches in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Book of Common Prayer.
Section 2. The Diocese of Pittsburgh shall have membership in such Province of the Anglican Communion as is by diocesan Canon specified.
The group that dissented from this change met in December 2008 and passed a resolution rescinding all the changes which had been made since 2003. (Essentially, it retained the original 2008 version quoted above, but without the second sentence.) However, that group has not gone through the procedures spelled out in ECUSA's Constitution to be recognized as a diocese. Although they have gone to court in an effort to claim all of the property of the genuine Diocese of Pittsburgh, their success will depend on their being able to show that the October 2008 changes to the Constitution were illegal and void. Since the provision for amending the Constitution (Art. XV in the link above) has no limitation in it prohibiting the amendments that were made, this argument has to depend on "unwritten rules" about belonging to ECUSA. I do not give it much chance of success, for reasons I have explained at length in this post.

27) Diocese of Southern Virginia http://www.diosova.org/

Constitution and Canons (.pdf download of 2008 version)

There is no accession clause of any kind in the Constitution and Canons. There are a few references to the national Constitution and canons (Title IV is referenced for discipline), but they are to the 1994 versions.

29) Diocese of Virginia http://www.thediocese.net/

Constitution and Canons (.pdf download of 2008 versions)

The Constitution itself contains no accession clause. Its Preamble contains only this language, which recognizes the authority and power of General Convention "as set forth in the Constitution and Canons adopted thereby":

Whereas, the Protestant Episcopal Church of Virginia was organized in May, 1785, by a union of all the parishes of the disestablished Church of England within the bounds of the Commonwealth of Virginia and took part in the organization of the union of all the Protestant Episcopal Churches of the several States and, by its own formal ratification of the plan of union, became the Diocese of Virginia of the Protestant Episcopal Church in the United States of America; and
Whereas, the original Diocese of Virginia, embracing the entire State, has since been divided into several Dioceses, one of which remains established as the Diocese of Virginia;
Now, Therefore, the Diocese of Virginia acknowledges the authority and power of the General Convention of the Protestant Episcopal Church in the United States of America, as set forth in the Constitution and Canons adopted thereby, and, in the exercise of its own powers and authority, doth amend and revise the Constitution of this Diocese so that the same shall read as follows . . .
An acknowledgment of a body's power and authority is not the same as acceding to the Constitution and Canons themselves. The latter express much more than just the power and authority of General Convention. Consequently, I include this Diocese under those who have made a qualified accession to the national Church.

Canon 15, Section 1 enacts the Dennis Canon within the Diocese of Virginia.

30) Diocese of Washington http://www.edow.org/index.html

Link to page for downloads of Constitution and Canons (.pdf files)

This Diocese is unique in two respects: it exists as a corporation under charter from Congress, since it is headquartered in the Distrrict of Columbia; and it also comprises a number of parishes in the State of Maryland, which has adopted the Maryland Vestry Act governing in part how Episcopal vestries are chosen in that State. Section 312A (a) of that Act provides in part (see text at end of Constitution and Canons document):
Subject to the provisions of applicable public law, parish by-laws shall be in conformity with the Constitution and Canons of the Protestant Episcopal Church and the Diocese of said Church wherein the parish is located.
This provision, of course, does not bind the Diocese in any way, but applies only to parishes within the State of Maryland. Congress passed a similar act applicable to parishes within the District, which is reproduced below the Maryland Vestry Act. It provides in part:
Here after the government and operations of the Protestant Episcopal Church in the District of Columbia shall be in accordance with the constitution and canons of said church.
Once again, this provision is not binding on the incorporated Diocese, the terms of whose separate charter say nothing of the sort. At best, this language would apply only to the national Church insofar as it operates within the District of Columbia, and so it adds nothing to the force and effect of the national constitution and canons, which already require the Church to operate in conformity to them.

Province IV

43) Diocese of Mississippi http://www.dioms.org/

Links to diocesan Constitution and Canons (Part 1 and Part 2)
The Diocesan Constitution recognizes the authority of General Convention, but does not contain any language acceding to ECUSA's Constitution or Canons:

ARTICLE II
Authority of the Church

The Protestant Episcopal Church in the Diocese of Mississippi acknowledges its allegiance to that branch of the One, Holy, Catholic and Apostolic Church of Christ known as the Protestant Episcopal Church in the United States of America, and acknowledges the authority of the General Convention of the same.
There is no diocesan counterpart to the Dennis Canon, and since there is no accession clause in the diocesan Constitution, the Dennis Canon has no effect or operation in the Diocese of Mississippi.

Province V

59) Diocese of Missouri http://www.diocesemo.org/

Link to page from which the diocesan Constitution and Canons may be downloaded (2009 version; as a .pdf file)

Like Virginia (above), this Diocese does not accede specifically to the Constitution and Canons, but "submits to the authority of the General Convention":
ARTICLE I.1 Acceding to the General Convention

The Episcopal Church in this Diocese acknowledges its allegiance to the Protestant Episcopal Church in the United States of America, referred to herein as “The Episcopal Church”, and submits to the authority of the General Convention.
Additionally, Article V.1 underlines the reserved authority of the Diocese in all matters:
All ecclesiastical matters not expressly provided for by this Constitution or the Canons are within the authority and jurisdiction of the ecclesiastical authority of the Diocese.
However, the Canons require that every parish in the Diocese be incorporated, and contain the following language in its articles (Canon IV.4.5): ". . . [that i]t accedes to, recognizes and accepts the Doctrine, Discipline and Form of Worship of the Church and the Constitution and Canons of the Church and of the Diocese, as may hereafter be amended from time to time." A parish, however, may remove that language with the permission of the ecclesiastical authority of the Diocese (ibid.); thus if the Diocese as a whole chose to leave, the Bishop could authorize each parish to change its articles appropriately.

60) Diocese of Northern Indiana http://www.ednin.org/ednin/

The diocesan Constitution and Canons may be downloaded (as a .pdf file) from a link on the home page.

This Diocese has no accession clause as such in its Constitution. Instead, that document provides in Article II that it shall be "governed" by the ECUSA Constitution and Canons, and by its own Constitution and Canons---but there is no priority spelled out as between them:

ARTICLE II: CONTROLLING LAW
The law governing the Diocese is:

Section 1. The Constitution and Canons for the Government of The Protestant Episcopal Church in the United States of America otherwise known as The Episcopal Church.

Section 2. The Constitution and Canons of The Diocese of Northern Indiana.
In such circumstances, the rules of interpretation would direct that the latest enactment on a given subject would take precedence. Thus under the paragraph just quoted, a local canon of recent enactment (there is no local canon implementing or recognizing the Dennis Canon) could take precedence over an earlier national canon on the same subject.


63) Diocese of Quincy http://dioceseofquincy.org/

This Diocese, which voted overwhelmingly to withdraw from ECUSA at its annual Synod in November 2008, does not currently have its own Constitution or Canons online, but only those of the Province of the Southern Cone. However, since at least 1993 the Diocesan constitution stated that its accession to "the Constitution and Canons of the Episcopal Church is contingent upon the continued agreement of the Diocesan Synod." That agreement was nullified at the 2008 Synod, and the Diocese aligned temporarily with the Anglican Province of the Southern Cone pending the formation of a new North American province.


Province VII

75) Diocese of Arkansas http://www.episcopalarkansas.org/

Page from which diocesan Constitution and canons may be downloaded (as a .pdf file)

The Diocese of Arkansas does not accede to either ECUSA's Constitution or canons, but only to its General Convention:
ARTICLE I.
Area: Union with General Convention:
Meetings of Convention

Section 1. That part of the Protestant Episcopal Church which is within the State of Arkansas shall be known and designated as the Protestant Episcopal Church in the Diocese of Arkansas.

Section 2. The Protestant Episcopal Church in the Diocese of Arkansas is a part of that branch of the Holy Catholic Church known as the Protestant Episcopal Church in the United States of America, and recognizes and accedes to the General Convention of the same. . . .

The canons do not contain any counterpart to the Dennis Canon. Article IX of the Constitution provides that all diocesan and mission property shall be held for their use by the bishop, and that parish property shall be held for its use by either the bishop or by the parish rector and wardens. The canons (Canon 22.1) require any new parish to submit a petition in which the applicants "solemnly promise and declare that said parish shall be forever held under the Ecclesiastical Authority of the Diocese of Arkansas, and in conformity with the Constitution and Canons of the General Convention of the Episcopal Church and the Constitution and Canons of the Diocese of Arkansas, the authority of which we do hereby recognize, and to whose liturgy, doctrines, discipline, rites, and usages we promise for ourselves and our successors corporate obedience and conformity at all times, so help us God." Without any corresponding provision in the parish articles, however, it is questionable whether an enforceable trust would be created under Arkansas law on the parish property.



76) Diocese of Dallas http://www.episcopal-dallas.org/

The diocesan Constitution and canons (2008) may be accessed (as a .pdf file) from a link on this page.

This Diocese has qualified its earlier accession clause, and reserved the right to revoke it:

ARTICLE 1
AUTHORITY OF GENERAL CONVENTION
The Church in this Diocese accedes to the Constitution and Canons of the Episcopal Church in the United States of America and recognizes the authority of the General Convention of said Church.

The foregoing accession and recognition are expressly premised on the Episcopal Church in the United States of America being and at all times remaining a full, constituent member of the Anglican Communion as set forth in the Preamble of the Constitution of the said Church, “a Fellowship within the One, Holy, Catholic, and Apostolic Church, of those duly constituted Dioceses, Provinces, and regional Churches in the communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Book of Common Prayer.” In the event that such premise shall no longer be applicable in whole or in part to the Episcopal Church in the United States of America, such accession and recognition may be revoked, limited, or otherwise amended by this Diocese immediately, notwithstanding Article 17, by a concurrent two-thirds vote of both orders at any Annual or Special Convention.

Moreover, the foregoing accession and recognition shall in no way be deemed to prevent or limit this Diocese from disassociating (as the word is used in Title IV, 3.21 b) itself from any actions of the General Convention by concurrent majority vote of both orders at any Annual or Special Convention.
Article 13 of the Constitution provides, with respect to church property:
ARTICLE 13
TITLE TO CHURCH PROPERTY

The title to all real property acquired for the use of the Church in this Diocese, which includes all Parishes, Missions and Diocesan Institutions, shall be held in the name of “Corporation of the Episcopal Diocese of Dallas” (known as the “Diocesan Corporation”), pursuant to, and in all ways administered, dealt with, and disposed of as specified in the Canons of the Diocese.
The details with regard to church property are spelled out in Canon 39; there is no counterpart to the Dennis Canon as such.

77) Diocese of Fort Worth http://www.fwepiscopal.org/

The diocesan Constitution and Canons are accessible online.

At its annual convention in November 2008, the Diocese of Fort Worth voted to remove the previous qualified accession clause from its Constitution ("The Church in this Diocese accedes to the Constitution and Canons of The Episcopal Church, and recognizes the authority of the General Convention of said Church, provided that no action of General Convention which is contrary to Holy Scripture and the Apostolic Teaching of the Church shall be of any force or effect in this Diocese"), and to replace it with the following:
ARTICLE 1

ANGLICAN IDENTITY

The Episcopal Diocese of Fort Worth is a constituent member of the Anglican Communion, a Fellowship within the One Holy Catholic and Apostolic Church, consisting of those duly constituted Dioceses, Provinces and regional Churches in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Old and New Testaments and expressed in the Book of Common Prayer.

Simultaneously, the convention passed a resolution accepting the invitation from the Anglican Province of the Southern Cone to affiliate with it. The group that dissented from these changes met in February 2009 and passed a resolution rescinding them, and reverting to an unqualified accession clause. However, that group has not gone through the procedures spelled out in ECUSA's Constitution to be recognized as a diocese. Although they have recently filed suit in an effort to claim all of the property of the genuine Diocese of Fort Worth, their success will depend on their being able to show that the November 2008 changes to the Constitution and canons were illegal and void. Since the provision for amending the Constitution (Art. 19 in the link above) has no limitation in it prohibiting the amendments that were made, this argument has to depend on "unwritten rules" about belonging to ECUSA. I do not give it much chance of success, for reasons I have explained at length in this post.

Since 1989, Diocesan Canon 18.4 has provided as follows with respect to property in the Diocese:

Property held by the Corporation for the use of a Parish, Mission or Diocesan School belongs beneficially to such Parish, Mission or Diocesan School only. No adverse claim to such beneficial interest by the Corporation, by the Diocese, or by The Episcopal Church of the United States of America is acknowledged, but rather is expressly denied. All other property of the Corporation held for the Episcopal Diocese of Fort Worth for those exempt religious purposes within the meaning of the Internal Revenue Code, as herein above described. Such exempt religious purposes shall be those determined by the Convention of the Episcopal Diocese of Fort Worth and the appropriate officers elected by it. No adverse claim to such beneficial interest by The Episcopal Church of the United States of America is acknowledged, but rather is expressly denied.
Thus the Dennis Canon has had no application in the Diocese for more than twenty years.


81) Diocese of Rio Grande http://www.dioceserg.org/

Page from which the diocesan Constitution and Canons (as a .pdf file) may be downloaded

This Diocese does not accede to the Constitution and Canons of ECUSA as such (despite the heading of Article II), but to the "authority of the General Convention":
ARTICLE II
ACCEDING TO THE CONSTITUTION AND CANONS
OF THE GENERAL CONVENTION

The Diocese of the Rio Grande recognizes and accedes to the authority of the General Convention of the Episcopal Church.
Canon 6 provides that all property in the Diocese shall be "held of the use of the [Episcopal] Church", so it is a provision even more strongly in favor of ECUSA than the Dennis Canon, which also allows the Diocese to be a secondary beneficiary. Query, however, who "the Church" is for purposes of enforcing this canon---is it all 106 dioceses, or just one of them, or General Convention, or the staff at 815? The language does not resolve the ambiguity.

83) Diocese of West Missouri http://www.diowestmo.org

The diocesan Constitution and canons may be downloaded from a link on this page as a .pdf file (2009 version).

This Diocese has perhaps the most unusual accession clause of all. There is no accession by the Diocese as such to the ECUSA Constitution and canons, but only to the authority of General Convention. Then section 2 of Article I provides for presentment and trial of anyone who does not conform to those governing instruments:

ARTICLE I
ALLEGIANCE
SECTION 1. The Diocese of West Missouri is a voluntary religious association composed of believers in the doctrine, discipline and worship of that part of the One Holy Catholic and Apostolic Church of Christ, known as the Protestant Episcopal Church in the United States of America, and acknowledges and submits to the authority of the General Convention of the same.

SECTION 2. No person shall be elected Bishop of this Diocese, or Bishop Coadjutor, or Suffragan Bishop, or Rector of any Parish therein, or shall have any authority to act, or shall be permitted to act, as Bishop, Bishop Coadjutor, or Suffragan Bishop, or Priest, Rector, Minister, or Cleric by whatever name said person may be called, who disclaims or refuses to conform to the Constitution and Canons of the General Convention of the Protestant Episcopal Church in the United States of America and of this Diocese, as the same now exist or may be hereafter adopted, or to the doctrine, discipline and worship of the Church; and any person holding any office or appointment under authority of the Church, who disclaims or refuses to conform to the Constitution and Canons of the General Convention of the Protestant Episcopal Church in the United States of America and of this Diocese, as the same now exist or may be hereafter adopted, or the doctrine, discipline and worship of the Church, shall be subject to presentment and trial in accordance with the Canons of the General Convention and of this Diocese.
The Dennis Canon is not adopted as such. Instead, all parishes on organization must pledge to conform to the national Constitution and canons and the diocesan counterparts. Canon XI.5 provides as follows with regard to parish property:
The title to all the property of a Congregation shall be vested in "The Diocese of West Missouri," a corporation; no gift or donation shall be accepted, nor any purchase made, for or by the Congregation, nor any location of a Church site effected, without the consent of the Bishop and the Standing Committee, nor shall the Congregation incorporate under any civil law without the consent and guidance of the Bishop and the Standing Committee and the guidance of the Chancellor.

Province VIII

95) Navajo Land Area Mission of ECUSA http://episcopal-navajo.org/

This entity is not an autonomous diocese, although it has a bishop and a "diocesan office". As such there are no diocesan Constitution or canons online, and no need for an accession clause.


101) Diocese of San Joaquin http://www.dioceseofsanjoaquin.net/

This Diocese was the first to amend its Constitution in 2007 so as to delete the clause by which it had acceded to the ECUSA Constitution. Previous to that time, it had amended its earlier accession clause to make it contingent upon the continued consent of the diocesan convention. The Diocese has not put its amended Constitution and canons on its new Website as yet, but it should be noted that at no time since its organization and admission to General Convention in 1962 did the Diocese ever accede to the ECUSA canons, nor did it have any counterpart to the Dennis Canon in its own canons.

The group which dissented from the votes to amend the diocesan Constitution have since met and adopted resolutions restoring the Constitution and canons to their status before December 2007; a version of the Constitution as so restated is available as a .pdf file here; the restated canons are available as a .pdf file here. Note that even as so restated, the Constitution accedes to the national Constitution, but not to the Canons; instead, it acknowledges "the authority of General Convention" (the limits of which are anybody's guess). Moreover, Canon 20.01 (g) both before and after the withdrawal recognized the Bishop's authority to allow any parish to "disaffiliate itself from the Episcopal Church":
All property of an incorporated Parish is irrevocably dedicated for religious (education, health and welfare) purposes, and upon dissolution of a Parish, all properties, investments and assets shall be conveyed only to the Protestant Episcopal Bishop of San Joaquin, a Corporation Sole, to be held in trust by it or to be disposed of at its discretion. No such Parish shall elect to dissolve or terminate or dispose of all or substantially all of its assets, or merge with or into any other corporation, or disaffiliate itself from the Episcopal Church, except with the prior written approval of the Ecclesiastical Authority as defined in Article III of the Constitution of the Diocese.
For the reasons stated above with regard to the dioceses of Pittsburgh, Quincy and Fort Worth, the group remaining behind cannot as yet be considered to be a full diocese in union with ECUSA's General Convention (which did not take any action in 2009 --- probably because of pending litigation --- and which will not meet again until 2012).

103) Diocese of Taiwan http://www.episcopalchurch.org.tw/ (page in Chinese)

Clicking on the "English" button refers you to this site, which is a blog: http://www.episcopaldiotaiwan.blogspot.com/

No Constitution or canons appears on the latter site; unless someone fluent in Chinese informs me otherwise, I do not believe there are any such documents on the official site, either.


Province IX

These foreign dioceses (some of which are missionary dioceses) have no constitutions or canons referenced on their websites, and thus no known accession clauses.

105) Diocese of Colombia http://www.iglesiaepiscopal.org.co/

106) Diocese of Dominican Republic http://www.episcopaldominican.org/

107) Diocese of Ecuador Central (Placeholder webpage: http://centralecuador.anglican.org/)

108) Diocese of Ecuador Litoral (Placeholder webpage: http://litoralecuador.anglican.org/)

109) Diocese of Honduras

110) Diocese of Puerto Rico http://www.episcopalpr.org/

111) Diocese of Venezuela http://iglesianglicanavzla.org/





GROUP II: Accedes to Constitution Only

Province I

1) Diocese of Connecticut http://www.ctepiscopal.org/

Constitution and Canons (.pdf download of 1998 version):

http://www.ctdiocese.org/images/customer-files//constitutionandcanons.pdf

Article I. The Diocese of Connecticut, as a constituent part of the body known as the Protestant Episcopal Church in the United States of America, accedes to, recognizes and adopts the General Constitution of that Church, and acknowledges its authority accordingly.

Province III

25) Diocese of Pennsylvania http://www.diopa.org/

Link to download Constitution and Canons (.pdf file)
ARTICLE I
This Church, as a constituent part of the Protestant Episcopal Church of the United States of America, accedes to, recognizes and adopts the General Constitution of that Church, and acknowledges its authority accordingly.
Note should also be taken of the fact that the original Act of Association of the Diocese of Pennsylvania (beginning on page 3 of the .pdf file) expressed six "fundamental Principles" for the formation of a national Church, the last of which was:
Sixthly, That no Powers be delegated to a general ecclesiastical Government, except such as cannot conveniently be exercised by the Clergy and Laity in their respective Congregations.
28) Diocese of Southwestern Virginia http://www.dioswva.org/

Link to page for downloading .pdf versions of Constitution (2006) and Canons (2009)

The Diocesan Constitution accedes to the National Constitution only:

ARTICLE I
The Diocese of Southwestern Virginia shall consist of the following counties in the
Commonwealth of Virginia and all cities which are in the Commonwealth of Virginia and contiguous thereto: Allegheny, Amherst, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Campbell, Carroll, Craig, Dickenson, Floyd, Franklin, Giles, Grayson, Henry, Highland, Lee, Montgomery, Nelson, Patrick, Pulaski, Roanoke, Rockbridge, Russell, Scott, Smythe, Tazewell, Washington, Wise and Wythe, and is hereby declared a constituent part of the Protestant Episcopal Church in the United States of America, and, having acceded to and adopted the constitution of that church, acknowledges its authority accordingly.
Province IV

35) Diocese of the Central Gulf Coast http://www.diocgc.org/

Canons (the Diocese is incorporated, and its Canons are both its articles and bylaws)

Canon 2 accedes to the Constitution only, but only insofar as State law permits:

CANON 2: ACKNOWLEDGMENT OF AUTHORITY
The Church in the Diocese of the Central Gulf Coast, Inc. declares itself to be a constituent governing part of the "Protestant Episcopal Church in the United States of America" and, subject only to any limitations in the laws of Alabama and Florida, the corporation recognizes, accedes to, and adopts the Constitution of the Protestant Episcopal Church in the United States of America, and acknowledges its authority accordingly.
There would thus be a nice question presented as to whether the Dennis Canon could have any force in this Diocese. (No similar local provision is found in the diocesan canons.) In the first place, the Diocese has not acceded to the national canons, but in the second place, even if it did, the question would be whether the Dennis Canon could be held to supersede State statutes which require a trust in real property be created only in a writing signed by the trustor. Given that the accession clause leaves State law as paramount, I do not think the Dennis Canon would be enforceable in this Diocese.

37) Episcopal Diocese of East Tennessee http://www.etdiocese.net/

Constitution and Canons (.pdf download of 2008 versions):
http://www.etdiocese.net/c&c/ConstitutionAndCanonsAsAmended2008.pdf
ARTICLE II. Recognition of the Authority of The Episcopal Church
The Constitution of The Episcopal Church is hereby acceded to and adopted, and its authority fully recognized and acknowledged.


38) Episcopal Diocese of Florida http://www.diocesefl.org/

Neither the diocesan Constitution nor its canons are available on the Diocese's website. The Diocese is itself a corporation, however, and so its articles are public. Article II states in part:

The general nature of the objects and purposes of this corporation shall be:

(a) To propagate and disseminate the Gospel of the Lord, Jesus Christ.

(b) To be a constituent governing part of the "Protestant Episcopal Church in the
United States of America" and, subject only to any limitations in the laws of
Florida, the corporation recognizes, accedes to and adopts the Constitution of the
Protestant Episcopal Church in the United States of America, and acknowledges
its authority accordingly. . . .
Under the diocesan canons, any parish must adopt Articles of Association in the form prescribed by Section 4 of Canon 21, which requires a provision as follows:

This Parish acknowledges, accedes to, and adopts, and shall at all times adhere to the doctrine, discipline, worship, rites and usages of the Protestant Episcopal Church in the United States of America, and likewise the Constitution and Canons of said Church, as set forth by the General Convention, and the Charter and Canons of the Church in the Diocese of Florida, as prescribed by the Diocesan Convention.
And the next required Article provides for all subsequent persons who join the Parish to be bound in the same way:
When any person uniting with this Association shall disclaim, or refuse, conformity to the authorities mentioned in the preceding article, such person shall cease to be a member of this Parish.
The required form of Articles also provides that in the event of a dissolution of the parish, its property reverts to the Diocese (the omission of any mention of ECUSA is another indication that the Diocese of Florida does not recognize the Dennis Canon).

There is no provision for amending the parish Articles in the canonically prescribed form. Presumably, then, the right of a parish to make any subsequent amendments would be governed by Florida law applicable to unincorporated associations, subject to any restrictions imposed by the provisions thus incorporated by reference.


42) Diocese of Louisiana http://www.edola.org/

Link to 2005 Constitution (.pdf); link to 2009 canons (.pdf)

The Diocese is organized as a non-profit religious corporation, governed by a Constitution which accedes to the ECUSA Constitution only, insofar as State law allows, and which does not accede to its canons (although some are incorporated):

ARTICLE IV PURPOSES AND POWERS
Section 1. The objects and purposes of this corporation are hereby declared to be:
a) 1. To restore all people to unity with God and each other in Christ.
2. To pray, worship, proclaim the Gospel and promote justice, peace, and love.
3. To carry out the mission of the Church through the ministry of all its members.

b) To do all things necessary and proper in the pursuit of such objects and purposes.

c) To be a constituent governing part of “The Protestant Episcopal Church in the United States
of America”, otherwise known as The Episcopal Church (hereinafter referred to as “The
Episcopal Church”) and subject only to any limitations in the laws of Louisiana: the corporation
recognizes, accedes to and adopts the Constitution of The Episcopal Church and acknowledges
its authority accordingly.

There is no diocesan equivalent of the Dennis Canon as such. However, Canon 25 (entiutled "Of Business Methods in Church Affairs") tracks the language of ECUSA's Canon I.7.1 through I.7.3, and then has this as its section 4:
Section 4. The Diocese and every Ecclesiastical Unit or institution connected with the Church in The Diocese shall be governed by the provisions of this Canon and by the provisions of Title 1, Canon 7 of The Episcopal Church.
It is a nice legal question as to whether this language, apparently adopted before 1979 when the national Canon I.7 had only three subsections, is sufficient to incorporate subsections 4 and 5 of Canon I.7 (the Dennis Canon), which was added in 1979. If the Louisiana section 4 does indeed predate the Dennis Canon, then arguably the latter was not incorporated, since there is nothing to indicate the drafters intended to incorporate subsequent amendments and additions to the national canon, particularly since the Diocese has never acceded to the canons as a whole.

Also, Canon 18 (4) requires that every incorporated parish have articles which contain an obligation of "conformity" to the national Constitution and Canons, and which provide that the parish property go the the Diocese in the event of its dissolution, or in the event of the lapse of its charter. Depending on the language of conformity used in each case, and when the parish incorporated, individual parish property could be made subject to the Dennis Canon under this provision, or it might equally well not.


44) Diocese of North Carolina http://www.episdionc.org/

Links to the diocesan Constitution (2007) and Canons (2007); combined Constitution, Canons, and Rules of Order


The diocesan Constitution accedes only to the ECUSA Constitution, and not to its canons. However, from the language used, it is not clear what version of the Constitution the accession clause applies to, since it describes only the Constitution of PECUSA "as set forth in General Convention". This description could be taken to mean, e.g., any version of the Constitution as adopted or amended from time to time by PECUSA before it became ECUSA:
Article I
The Church in the Diocese of North Carolina accedes to and adopts the Constitution of the Protestant Episcopal Church in the United States of America, as set forth in General Convention thereof, and acknowledges its authority accordingly.
However, Article IX, Section 3 limits voters in parish and mission (but not diocesan) elections to those persons who "consent" as follows:
Section 3. In all parochial and mission elections only those shall be entitled to vote who are enrolled confirmed adult communicants in good standing, and who thereby consent to be governed by the Constitution and Canons of this Church as are or may be adopted by the General Convention, and the Convention of the Diocese pursuant thereto.

Apparently such consent is manifested by the subscribing of a statement at the time a parish applies to be a part of the diocese, or before a new member may vote in a local election. Canon 21 (1) requires that all new parishes subscribe a statement in which they agree to be "governed by the Constitution and Canons of the Church, as set forth in the General Convention," and provides for the clerk to keep a register for the purpose "of receiving the subscriptions of subsequent voters". However, any such statement would be binding on the individual signers only, and not on the parishes as separate corporate bodies. Moreover, Canon 22 (d) provides: ". . . The Ecclesiastical Authority may, with the advice and consent of the Standing Committee, disapprove any by-law which is inconsistent with the Constitution or Canons of the Diocese or of the General Convention of the Protestant Episcopal Church." (Emphasis added.) The disapproval is not mandatory; therefore, there is no absolute requirement that the parish adopt by-laws which conform to those of the national Church.

48) Diocese of Tennessee http://episcopaldiocese-tn.org/

Link to download diocesan Constitution and Canons (.pdf)

The Diocese accedes to ECUSA's Constitution only:
ARTICLE II
The Constitution of the Protestant Episcopal Church in the United States of America is hereby acceded to and adopted, and its authority fully recognized and acknowledged.
Application of the Dennis Canon in this Diocese would require a thorough legal opinion under Tennessee law. There is Canon 10, which states at the outset:
Sec. 1. Of the Use of Property
All property of every kind and character, whether held by the Convention, or by a Parish or Mission, or by an Organization or Institution of this Diocese, and regardless of the manner in which title is vested, is held in trust to be used for the glory of God and the spread of His kingdom, according to the Constitutions and Canons, and Doctrine, Discipline and Worship of the Protestant Episcopal Church in the United States of America and of this Diocese, and for the purposes and programs of said Church and Diocese.
However, Section 3 then complicates the matter by providing how title shall "vest", as follows:
Sec. 3. How title to real property shall be vested.
(a) After the adoption of this Canon, title to all real property thereafter acquired shall be taken and vested as follows:

(1) If title is to be held by the Diocese, it shall be conveyed and held in the name of “The Convention of The Protestant Episcopal Church in the Diocese of Tennessee, a corporation.”

(2) If title is to be held by any Parish, or by any Organization or Institution, which is incorporated under the laws of this state, then title shall be conveyed to it in its corporate capacity, but with these words added, “to be held subject to the Charter, Constitution and Canons of The Convention of The Protestant Episcopal Church in the Diocese of Tennessee, a corporation.”

(3) If title is to be held by a Parish, or by any Organization or Institution, which is not incorporated, then title by deed shall be conveyed to “The Rector, Wardens and Vestry of to be held subject to the Charter, Constitution and Canons of The Convention of The Protestant Episcopal Church in the Diocese of Tennessee, for the use and benefit of the Parish.”
Whether the specific provisions of section 3 take precedence over the more general provisions of section 1 is a very nice legal question for those well versed in Tennessee law.

50) Diocese of West Tennessee http://www.episwtn.org/

Page from which Constitution and Canons may be downloaded as a .pdf file

Accession is to the ECUSA Constitution only, and not to its canons:
ARTICLE II.
The Constitution of The Episcopal Church is hereby acceded to and adopted, and its authority fully recognized and acknowledged.
This Diocese follows the same format of mixed signals with regard to the holding and vesting of title to diocesan and parish property as does the Diocese of Tennessee (see #47 above), and would thus cause the same problems of interpretation for Tennessee courts as there discussed.


Province V


52) Diocese of Chicago http://www.epischicago.org

Page from which diocesan Constitution and Canons may be downloaded (as a .pdf file)

The Diocese of Chicago accedes only to the Constitution of ECUSA, and not its Canons:
ARTICLE 2
Accession to Constitution and General Convention of the Episcopal Church

The Church in the Diocese of Chicago accedes to the Constitution of that Branch of the Holy Catholic Church known as the Protestant Episcopal Church in the United States of America, and recognizes the authority of the General Convention of the same.
Although the Diocese has not acceded to the ECUSA Canons, its own canons (Canon 18.1) require that every parish member sign upon organization a statement acknowledging that
. . . the said Parish shall be forever under the Ecclesiastical Authority of the Bishop of Chicago and of successors in that office, and in conformity with the Constitution and Canons of the Protestant Episcopal Church in the United States of America, and with the Constitution and Canons of the Diocese of Chicago, the authority of which we do hereby recognize, and bind ourselves to make them part of the Constitution of the Parish . . .
However, Section 3 of Canon 18 would appear to conflict with the foregoing, because it requires submission only to the diocesan Constitution and Canons by every parish officer and vestry member, and in the use of the property:

Sec. 3. In the recorded documents relating to the incorporation of every Parish hereafter organized, there shall be included a provision in the words following, viz.:
“No person not adhering and submitting to the Constitution and Canons and the Ecclesiastical Authority of the Church, known in law as the Protestant Episcopal Church in the United States of America, in the Diocese of Chicago, shall become or remain a member or officer of this corporation, or be entitled to vote at any meeting thereof, or to participate in the conduct of any of the corporate affairs thereof. All property held or acquired by this corporation at any time, either in its own name or in the name of any person or persons in trust for its use, shall be subject to and shall be governed by the Laws, Usages and Ecclesiastical Authority of the said Protestant Episcopal Church as to the modes of use thereof and shall be subject to and governed by such rules with regard to conveying and encumbering Church property as are now or may hereafter be prescribed by the Constitution and Canons of said Church in the Diocese of Chicago.”
In every conveyance to or for the use of any organized Parish there shall be inserted the following clause, viz.: “This property is to be used or conveyed only in conformity with the Constitution and Canons of the Church, known in law as the Protestant Episcopal Church in the United States of America, in the Diocese of Chicago.”
The applicability of the national canons to the local parish thus will depend on whatever the parish has in its articles of incorporation, and it would seem that if the diocesan canons conflict with the national canons, they would take precedence because of the specific language of section 3 of diocesan Canon 18, and the fact that the Diocese itself does not acceded to the national canons.

Province VI


68) Diocese of Iowa http://www.iowaepiscopal.org/

Page from which diocesan Constitution and canons may be downloaded (as a .pdf file)

Article I of the Constitution accedes to the ECUSA Constitution only:
ARTICLE I
Of the Authority of the General Convention

The Church in the Diocese of Iowa, as a constituent part of that branch of the Holy Catholic Church now known as The Episcopal Church, accedes to the Constitution and acknowledges the authority of the General Convention of the same.
Article XI requires that any new parish submit a "declaration of the parties thereto that they expressly accede to the Constitution, Canons, Discipline, Doctrine and Worship of the Episcopal Church, and to the Constitution and Canons of the Church in this Diocese." However, there is no diocesan equivalent of the Dennis Canon, or a requirement that a parish's articles contain a statement acceding to that Canon, or to ECUSA's Constitution and canons generally. Canon 12 ("Of Property") states, with regard to property held by the diocesan Corporation:
Property shall be held by the Episcopal Corporation solely for purposes allowed by the statutes of the State of Iowa, under which said Corporation is organized, and for such purposes and with such limitations as are designated in the Articles of Consolidation or By-Laws which shall not be inconsistent with the Constitution and Canons of the Episcopal Church and Constitution and Canons of the Church in the Diocese of Iowa.

Province VII

86) Diocese of West Louisiana http://www.diocesewla.org/

The diocesan Constitution and canons may be viewed online. This Diocese accedes to ECUSA's Constitution, but not to its canons:

ARTICLE II
PURPOSES

The object and purposes of this Corporation are hereby declared to be:
(a) To propagate and disseminate the Gospel of the Lord Jesus Christ, and to provide for and maintain the worship of Almighty God, the administration of the Sacraments, and other rites and ceremonies of the Church, according to the uses of the Episcopal Church;
(b) To do all things necessary and proper in the pursuit of such objects and purposes;
(c) To be a constituent governing part of "The Protestant Episcopal Church in the United States of America, otherwise known as The Episcopal Church", and subject only to any limitations in the laws of Louisiana, the Corporation recognizes, accedes to and adopts the Constitution of the Episcopal Church and acknowledges its authority accordingly . . .

Article XII places a limitation on diocesan canons:
ARTICLE XII
CANONS

Section 1: The Diocesan Convention shall provide such canons for the conduct of the business and the carrying out of the purposes of the Corporation as may be deemed necessary from time to time, consistent with the constitution and canons of The Episcopal Church, and the laws of the State of Louisiana, and of this constitution.

There is no equivalent of the Dennis Canon, although as in some other dioceses, new parishes must apply by subscribing a statement promising to "obey the Constitution and Canons, both of the General Convention and of the Diocese . . ." (Canon 17.1).

Province VIII

98) Diocese of Olympia http://www.ecww.org/index.cfm

This page has a link to download the diocesan Constitution and canons (as a .pdf file).

Article II of the diocesan Constitution accedes only to ECUSA's Constitution and General Convention, and not specifically to its canons:

Article II: Acceding to the Constitution
of the General Convention

The Church in the Diocese of Olympia accedes to the Constitution of that branch of the Holy Catholic Church known as the Episcopal Church in the United States of America, and recognizes the authority of the General Convention of the same.









GROUP III: Accedes to both Constitution and Canons
Province I

2) Diocese of Maine http://episcopalmaine.org/

Constitution and Canons (.pdf download of 2007 version)
http://s3.amazonaws.com/dfc_attachments/public/documents/633/02_Constitution_and_Canons.pdf

ARTICLE I
This Church, the Protestant Episcopal Church in the Diocese of Maine, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges its authority.
3) Diocese of Massachusetts http://www.diomass.org/

Constitution and Canons (.pdf download of 2007 version):
http://www.diomass.org/webfm_send/731

Article 17
(Revised November 14, 1987)
ACCESSION
This Diocese, the Episcopal Diocese of Massachusetts, accedes to the doctrine,
discipline and worship and to the Constitution and Canons of the Episcopal Church in the United States of America.
4) Diocese of New Hampshire http://nhepiscopal.org/

Constitution and Canons (.pdf download of 2007 version):
http://www.nhepiscopal.org/artman/uploads/nh_constitution_and_canons.pdf

ARTICLE I
Acceptance of National Constitution and Canons
The Protestant Episcopal Church in the Diocese of New Hampshire accedes to the Constitution and Canons of the Protestant Episcopal Church in the United States of America, otherwise known as the Episcopal Church, and acknowledges its authority.
5) Diocese of Rhode Island http://www.episcopalri.org/

Constitution and Canons (.pdf download):
http://www.episcopalri.org/Portals/0/Uploads/Documents/Public/ConstitutionCanons.pdf

ARTICLE II Member of The Episcopal Church
The Diocese is a constituent member of The Episcopal Church, accedes to the Constitution and Canons of The Episcopal Church, and acknowledges the authority of the General Convention of The Episcopal Church.
6) Diocese of Vermont http://www.dioceseofvermont.org/

Constitution and Canons (.pdf download of 2003 version):
http://www.dioceseofvermont.org/Resources/Const&Canons.pdf
ARTICLE I: Of the Bible, the Book of Common Prayer, etc.
This Church acknowledges and receives the revealed Word of God, contained in the canonical books of the Old and New Testaments as the only infallible rule of faith and practice, to which the Church's doctrines, worship, and government are all referred. And next after the Holy Scriptures, this Church adopts the standard established in the Book of Common Prayer, and the Constitution and Canons of the Episcopal Church in the United States of America as set forth by the General Convention.

7) Diocese of Western Massachusetts http://www.diocesewma.org/

Constitution and Canons (.pdf download of 2007 version):
http://www.diocesewma.org/pdf/canonsOctober07.pdf

ARTICLE I Of The Incorporation Of The Diocese
. . .
Section 2 The Diocese of Western Massachusetts, as a constituent part of the body known as
The Protestant Episcopal Church in the United States of America, accedes to, recognizes and adopts the Constitution and Canons of that Church and acknowledges their authority.

Province II

10) Convocation of American Churches in Europe http://www.tec-europe.org/

The Convocation is not an autonomous diocese of the Church. It is under the authority of a "Bishop-in-Charge" who is appointed by ECUSA's Presiding Bishop to act in the place of the Presiding Bishop, who has the ultimate canonical authority over the Convocation. The Convocation has now placed its Constitution and Canons online, and the former contains a full accession clause, including an agreement of subordination:
ARTICLE I. OF ACCEDING TO THE GENERAL CONSTITUTION AND CANONS

The Convocation of American Churches in Europe, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges their authority, and their precedence over the Constitution and Canons of this Convocation.
The Convocation has no express counterpart to the Dennis Canon, but has a Canon 14 which provides: "The business affairs of each Congregation in this Convocation shall be conducted in accordance with Title I, Canon 7, of the General Canons." This could be read as incorporating the Dennis Canon (Title I, Canon 7, Section 4) by implication. The Constitution also provides (Art. X, Sec. 3) that ECUSA's Constitution and Canons, and those of the Convocation as well, shall always take precedence over any contrary provisions in the Constitution, By-Laws or Charter of a Congregation. It also contains an unusual clause (Art. X, Sec. 6) allowing the Convocation's Convention to declare a disobedient Congregation "contumacious", and to forfeit its right to representation in the Convention.

13) Diocese of New Jersey http://newjersey.anglican.org/

ARTICLE I

According [sic] to the Constitution and Canons of General Convention of the Church

The Church, in the Diocese of New Jersey, comprising all of the counties of the State of New Jersey, excepting the counties of Sussex, Warren, Morris, Passaic, Bergen, Hudson, and Essex, and the city of Summit, in Union County, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of General Convention of that Church and acknowledges their authority.
14) Diocese of New York http://dioceseny.org/

ARTICLE I
ACCESSION TO CONSTITUTION AND CANONS OF THE EPISCOPAL CHURCH
The Episcopal Church in the Diocese of New York is subject to the Constitution and Canons of the Episcopal Church in the United States of America.


15) Diocese of Newark http://www.dioceseofnewark.org/

ARTICLE I
ACCEDING TO THE GENERAL CONSTITUTION
The Church in the Diocese of Newark, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges their authority.


Constitution and Canons (.pdf download)
ARTICLE I
Authority of the General Church
The Church in the Episcopal Diocese of Rochester comprises the Counties of Allegany, Livingston, Monroe, Ontario, Schuyler, Steuben, Wayne and Yates, in the state of New York; and, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges its authority accordingly.

17) Diocese of Virgin Islands http://www.episcopalvi.org/

Link to download Constitution and Canons (MS Word document)
CONSTITUTION
DIOCESE OF THE VIRGIN ISLANDS
PREAMBLE
. . . Inasmuch as the Protestant Episcopal Church in the United States of America, otherwise known as the Episcopal Church (which name is hereby recognized as also designating the Church) is bound to a system of Doctrine, Discipline and Worship differing in no essential from that of the Church in England, which makes her appeal to the Holy Scriptures as interpreted by the Ancient Fathers, the Primitive Church, the three Creeds, and the undisputed Councils, the Missionary District of the Virgin Islands accepts and adopts the Constitution and Canons of the said Church and recognizes their authority, and thereby adopts the following as the Constitution and Canons of this District.


18) Diocese of Western New York http://www.episcopalwny.org/

Link from which to download Constitution and Canons (.pdf file)
ARTICLE I
Acknowledgments
§1. Constitution and Canons. The Church in the Diocese of Western New York accedes to and acknowledges the authority of the Constitution and Canons for the Government of the Protestant Episcopal Church in the United States of America otherwise known as The Episcopal Church, as adopted in General Convention.
Province III

19) Diocese of Bethlehem http://www.diobeth.org/

ARTICLE I
The Church in the Diocese of Bethlehem, being a constituent part of the Protestant Episcopal Church in the United States of America, accedes to, recognizes, and adopts the Constitution and Canons of that Church, and acknowledges its authority accordingly.


20) Diocese of Central Pennsylvania http://www.diocesecpa.org/

ARTICLE II
Allegiance

The Church in this Diocese, being a constituent part of The Episcopal Church, otherwise known as the Protestant Episcopal Church in the United States of America, accedes to and adopts the Constitution, Canons, Doctrine, Discipline, and Worship of that Church, and recognizes the authority of the General Convention of the same.


21) Diocese of Delaware http://www.dioceseofdelaware.net/

Constitution and Canons (.pdf download of 2008 version)

ARTICLE I.
Acceding to the Constitution and Canons of the Church
The Church in the Diocese of Delaware, as a constitutional part of the Protestant Episcopal Church in the United States of America, otherwise known as the Episcopal Church, accedes to the Constitution and Canons of that Church and acknowledges their authority.

22) Diocese of Easton http://www.dioceseofeaston.org/index1.html

The diocesan Constitution (.pdf file) and canons (.pdf file) may be downloaded from this page.

Article I is not the standard accession clause, but it probably meets the requirement:

ARTICLE I Acceding to the Constitution and Canons of the Church.

The Church in the Diocese of Easton, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution of that Church and acknowledges the authority of its Canons.


24) Diocese of Northwestern Pennsylvania http://www.dionwpa.org/aboutus.htm

Link to download .pdf versions (2008) of Constitution and Canons
Article I. Territory and accession
. . .
Section C. The Diocese of Northwestern Pennsylvania is a constituent part of The Episcopal Church and does accede to, recognize and adopt the Constitution and Canons of The Episcopal Church as they now exist or may hereafter be amended and acknowledges their authority over the diocese.
31) Diocese of West Virginia http://www.wvdiocese.org/

Link to page from which current Constitution and Canons, as well as new version which will become final on approval at the next annual convention in 2009, may be downloaded (.pdf files). The current provsion,
ARTICLE I. Jurisdiction and Authority
This church has territorial jurisdiction throughout the State of West Virginia, and authority in all matters of Doctrine, Discipline, and Worship, subject only to the Constitution and Canons (to which she accedes) of the Protestant Episcopal Church in the United States of America, of which she is a constituent part.
is being replaced with this:
ARTICLE 2 Accession to The Episcopal Church

This Diocese and all of its Congregations and other organizations accede to and are subject to the Constitution and Canons of The Episcopal Church. The Diocese of West Virginia is a part of The Episcopal Church which is a constituent member of the Anglican Communion, a Fellowship within the One, Holy Catholic, and Apostolic Church, in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in The Book of Common Prayer.
Province IV

32) Diocese of Alabama http://www.dioala.org/

Diocesan Charter and Canons

This Diocese is doubly bound---first by its State Charter, which provides:
PREAMBLE The Episcopal Church in the Diocese of Alabama is a part of The Episcopal Church, which is a constituent member of the Anglican Communion, a Fellowship within the One, Holy, Catholic, and Apostolic Church in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Book of Common Prayer. This Diocese and all of its Parishes and other organizations are subject to the Constitution and Canons of The Episcopal Church.
Next, Canon I of the Diocese provides in part:
Section 1. Authority

The Episcopal Church in the Diocese of Alabama, with each of its Parishes and other organizations, recognizes and accedes to the authority of the General Convention of the Episcopal Church and to the Constitution and Canons thereof as the same may be amended, which Constitution and Canons contain many provisions that are applicable to this Diocese and its Parishes, and which are adopted by reference. These Canons, adopted under and in accordance with the Charter of The Episcopal Church in the Diocese of Alabama, shall, with such Charter, govern, control and apply to this Diocese and its Parishes and other organizations.
33) Diocese of Atlanta http://www.episcopalatlanta.org/

Constitution and Canons

This Diocese has a standard accession clause:

ARTICLE 1

Of the Diocese of Atlanta

The Protestant Episcopal Church in that part of the State of Georgia lying north and west of the counties of Columbia, McDuffie, Glascock, Washington, Wilkinson, Twiggs, Pulaski, Dooly, Sumter, Webster, and Stewart, (excluding however the counties of Dade and Catoosa and the northern portion of Walker County lying and being in Census Tracts Nos. 201, 202, 203, 204 and 205 as delineated in the Walker County Census Tracts Map dated August 1967) constituting the Diocese of Atlanta, is a constituent part of the Protestant Episcopal Church in the United States of America, and accedes to the Constitution and Canons of that Church and acknowledges its authority.

34) Diocese of Central Florida http://www.cfdiocese.org/

Constitution and Canons
Article III
Purpose
The Diocese of Central Florida acknowledges its allegiance to be due to the One, Holy, Catholic, and Apostolic Church of Christ; and recognizing the body known as the Protestant Episcopal Church in the United States of America otherwise known as The Episcopal Church to be a true branch of said Church, having rightful jurisdiction in this country, hereby declares its adhesion to the same and accedes to its Constitution and Canons. The Diocese of Central Florida is a constituent member of the Anglican Communion, a Fellowship of those duly constituted Dioceses, Provinces, and regional Churches in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Book of Common Prayer.

36) Diocese of East Carolina http://www.diocese-eastcarolina.org/

Link to page from which Constitution and Canons may be downloaded (.pdf files)
ARTICLE II Accession to Constitution of Protestant Episcopal Church in the United States of America
The Churches in this Diocese accede to the Constitution and Canons of that branch of the Holy Catholic Church known as the Protestant Episcopal Church in the United States of America, and recognizes the authority of the General Convention thereof.

39) Episcopal Diocese of Georgia http://georgia.anglican.org/

Link to page for downloading Constitution and canons (2009 versions; in .pdf format)

ARTICLE I
Accession

The Church in the Diocese of Georgia, as a constituent part of the Protestant Episcopal Church in the United States of America, also known as the Episcopal Church, accedes to, recognizes, and adopts the Constitution and Canons of the Church, and acknowledges the authority thereof.


40) Episcopal Diocese of Kentucky http://www.episcopalky.org/index.html

The Diocese of Kentucky does not have a constitution as such, but operates under a charter from the Commonwealth. Its Canons may be downloaded here. Canon 1 provides:
CANON 1
RELATIONSHIP TO THE CHURCH IN AMERICA
The Church in the Diocese of Kentucky accedes to and recognizes itself as subject to the Constitution and Canons for the government of the Protestant Episcopal Church in the United States of America, as presently adopted and as hereafter amended by the General Conventions.

41) Episcopal Diocese of Lexington http://www.diolex.org/


This Diocese has an accession clause in its Constitution that is grammatically incoherent:

ARTICLE II
The Constitution and Canons of The Protestant Episcopal Church in the United States of America are hereby fully recognized and acknowledged and to which adherence shall be given in and by the Diocese of Lexington.

45) Diocese of South Carolina http://www.dioceseofsc.org/

Link to diocesan Constitution (.pdf) and Canons (.pdf)

This Diocese's Constitution has an accession clause with some unusual language:
ARTICLE I
The Church in the Diocese of South Carolina accedes to and adopts the Constitution and Canons of the Protestant Episcopal Church in the United States of America and acknowledges this authority accordingly.
Just what is "this authority", and which version of the Constitution and Canons are described by that language? The reference is unclear, and could apply to almost any earlier version of the national Constitution and Canons.

46) Diocese of Southeast Florida http://www.diosef.org/

Download Constitution and Canons (.pdf)

This Diocese has a conventional accession clause:

ARTICLE 1 Of Acceding to the General Convention
The diocese acknowledges its allegiance to be due the One, Holy, Catholic and Apostolic Church of Christ, and recognizing the body known as the Protestant
Episcopal Church in the United States of America, otherwise known as the Episcopal Church, to be a true branch of that church having rightful spiritual
jurisdiction in this country, hereby declares its adherence to the same and accedes
to its Constitution and Canons.
47) Diocese of Southwest Florida http://www.episcopalswfl.org/

Link to page for downloading Constitution and Canons (in .pdf format)

Standard accession clause:
ARTICLE I
Of Acceding to the General Convention
The Diocese acknowledges its allegiance to be due to the One, Holy, Catholic and
Apostolic Church and recognizing the body known as The Episcopal Church in the United States of America to be a true branch of said Church, having a rightful spiritual jurisdiction in this country, hereby declares its adhesion to the same and accedes to its Constitutions and Canons.
49) Diocese of Upper South Carolina http://edusc.org/

Link to diocesan Constitution and Canons; there is a standard accession clause: "This Diocese accedes to and adopts the Constitution and Canons of the Episcopal Church and acknowledges its authority." Canon 2, Section 3 repeats the language of the Dennis Canon (Canon I.7.4).


51) Diocese of Western North Carolina http://www.diocesewnc.org/

Page from which diocesan Constitution and Canons may be downloaded (as a .pdf file); there is a standard accession clause ("The Diocese of Western North Carolina . . . as a constituent part of the Protestant Episcopal Church in the United States of America . . . accedes to and adopts the Constitution and Canons of that Church and acknowledges their authority accordingly").



Province V

53) Diocese of Eastern Michigan http://www.eastmich.org/

Page from which the Constitution and Canons (as amended through 2007) may be downloaded (as a Microsoft Word file); there is a standard accession clause in Article II.

54) Diocese of Eau Claire http://www.dioceseofeauclaire.org

The Constitution and Canons may be downloaded as a .pdf file directly from a link on the home page, and contain a standard accession clause in Article I.

55) Diocese of Fond du Lac http://episcopalfonddulac.org/

Page from which the diocesan Constitution and Canons may be downloaded (as a .pdf file); Article I has a standard accession clause.

56) Diocese of Indianapolis http://indydio.org/diocese/

Links from which to download Constitution (.pdf file) and Canons (.pdf file); Article II is a standard accession clause, while Article I erroneously treats diocesan "ecclesiastical jurisdiction" as a kind of "grant" from General Convention:
Section 3. The ecclesiastical jurisdiction of the Diocese, as granted and established by the General Convention of the Protestant Episcopal Church in the United State of America (General Convention) shall extend to and embrace that part of the State of Indiana lying south of the northern line of the counties of Warren, Tippecanoe, Clinton, Tipton, Madison, Delaware, and Randolph.
On its face this would appear to give General Convention the power (which it does not have under the ECUSA Constitution) to abolish the diocese (or render it incapable, at any rate, of functioning as a branch of the church) by taking away its "ecclesiastical jurisdiction." That is just canonical nonsense.

57) Diocese of Michigan http://www.edomi.org/

Link to page for downloading diocesan Constitution and Canons (as a .pdf file); the "Constitution" would appear to be one with the Canons (the Diocese itself is a non-profit religious corporation, and its articles do not appear on the diocesan web site). They have about as complete an accession clause as could be imagined, and make the diocese subordinate in all things to the national Church and its General Convention, Constitution and Canons:

The Canons of the Protestant Episcopal Diocese of Michigan incorporate the Canons of the Protestant Episcopal Church in the United States of America (the “PECUSA”) as adopted and amended from time to time (sometimes referred to as the “Canons of the General Convention”). The authority of the Diocese is vested in and exercised by its Bishop, its Bishop Coadjutor, if there is one, its Convention, and its Standing Committee, acting under and in subordination to The Episcopal Church, its General Convention, Constitution, Canons and Regulations. To the extent there is any conflict between the text of the Canons of this Diocese and the Canons of the General Convention, the latter shall govern. References in the Canons of this Diocese to “the Canons of this Diocese” shall mean the Canons of this Diocese incorporating the Canons of the General Convention.
58) Diocese of Milwaukee http://www.diomil.org/

Link to page for downloading diocesan Constitution and Canons (as a .pdf file); Article II has a standard accession clause.

61) Diocese of Northern Michigan http://upepiscopal.org/

Constitution (1993) and Canons (2004)

Article I -- The Diocese of Northern Michigan embraces all that part of the State of Michigan comprised of the following counties: Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon and Schoolcraft, collectively known as the Upper Peninsula. This Diocese accepts, recognizes and adopts the Constitution and Canons of the Episcopal Church, and acknowledges their authority.

Page with links to view the diocesan Constitution and canons online

Article I of the Constitution contains a standard accession clause.


64) Diocese of Southern Ohio http://www.episcopal-dso.org/

Page from which may be downloaded the diocesan Constitution (as a .pdf file) and Canons (as a .pdf file)

Under Article I, the Diocese "agrees to be bound by and exist under the Constitution and Canons of that Church [ECUSA], and acknowledges their authority accordingly.

65) Diocese of Springfield http://www.episcopalspringfield.org/

Article II contains a standard accession clause.

66) Diocese of Western Michigan http://www.edwm.org/

Link from which may be downloaded the diocesan Constitution and Canons (as a .pdf file)

In Article I, the Diocese declares that it "accedes to the doctrine, discipline, worship, constitution, canons and authority" of ECUSA.

Province VI

67) Diocese of Colorado http://www.coloradodiocese.org/

Page from which diocesan Constitution and canons may be downloaded (as a .pdf file)

Article I of the Constitution is a standard accession clause.

69) Diocese of Minnesota http://www.episcopalmn.org/

The diocesan Constitution is online in HTML format; the Canons are a .pdf file. Article I-B of the Constitution is a standard accession clause.

70) Diocese of Montana http://mtepiscopal.homestead.com

Page from which the diocesan Constitution and canons may be downloaded (as an MS Word file)

Article II of the Constitution is a standard accession clause.

71) Diocese of Nebraska http://www.episcopal-ne.org/

The diocesan Constitution does not appear to be available online, and it is unclear how it is a separate document, distinct from the Perpetual Articles of the Diocese filed with the Secretary of State in 1972 (a copy of which may be purchased and downloaded from the Website of the Nebraska Secretary of State). The latter have in Article IV a standard accession clause. The Canons may be downloaded (as an MS Word file) from this page. Canon 13, section 1 provides:
Every Parish shall be incorporated under the laws of the State of Nebraska. Such Articles shall be in accord with and accede expressly to the Constitution and Canons of the General Convention and to the Constitution and Canons of the Diocese of Nebraska, and shall have received first the written approval of the Bishop and the Chancellor. No Parish may amend its Articles of Incorporation without the written consent of the Ecclesiastical Authority and the Chancellor.
72) Diocese of North Dakota http://www.episcopal-nd.org/

Page from which the diocesan Constitution and canons may be downloaded (as a .pdf file)

Article II of the Constitution is a standard accession clause.

73) Diocese of South Dakota http://www.diocesesd.org/

Page from which the diocesan Constitution and canons may be downloaded (as a .pdf file)

Article II of the Constitution is a standard accession clause.


74) Diocese of Wyoming http://www.wydiocese.org/

The diocesan homepage has recently been redesigned, and there is no link as yet to the Constitution or canons. An old page with links to them is here (Constitution [2006] - .pdf format; Canons [2006] - .pdf format; MS Word versions also available).

Article III of the Constitution is a standard accession clause.


Province VII

78) Diocese of Kansas http://www.episcopal-ks.org/

Page from which may be downloaded diocesan Constitution (as a .pdf file) and canons (as a .pdf file)

Article I of the Constitution contains a standard accession clause.


79) Diocese of Northwest Texas http://www.nwt.org/

The diocesan Constitution and canons may be downloaded (as a .pdf file) from a link on the Diocese's homepage.

Article II of the Constitution contains a fairly standard accession clause, but unlike most others spells out that the accessionis to the ECUSA Constitution and canons as the same may be from time to time amended:
ARTICLE II. ACKNOWLEDGMENT OF ACCEDENCE

As a constituent part of the Episcopal Church, the Diocese of Northwest Texas accedes to the Constitution and Canons thereof as periodically adopted by the General Convention and acknowledges the authority of the General Convention and the Book of Common Prayer.
80) Diocese of Oklahoma http://www.episcopaloklahoma.org/

Page from which the Diocesan canons may be downloaded (as an MS Word file); the Diocese is a corporation, and these function as its bylaws. The corporate articles or Constitution (to which the canons refer) are not available online. There is no accession clause in the canons; it is most likely in the Constitution (corporate articles). Canon 5.1 incorporates the provisions of Title IV of ECUSA's Canons on church discipline, and Canon 6.4 reiterates the language of the Dennis Canon.

82) Diocese of Texas http://www.epicenter.org/edot/Default.asp

Page from which the diocesan Constitution and canons (2008) may be downloaded (as a .pdf file)

Article I of the Constitution is a standard accession clause.


84) Diocese of West Texas http://www.dwtx.org/

The diocesan Constitution and canons may be viewed online, or downloaded as a .pdf file. The accession clause takes this form:
ARTICLE I

The Diocese

Section 1. The Diocese of West Texas recognizes, acknowledges and accedes to the authority of the Protestant Episcopal Church in the United States of America and agrees to abide by the same as set forth in the mandates and enactments of the General Convention of the Church, the Constitution and Canons of the Church, and the Book of Common Prayer.

85) Diocese of Western Kansas http://www.westernkansas.org/

The diocesan Constitution and canons may be downloaded from this page (as a .pdf file). The accession clause could serve as a model of clarity:

ARTICLE II
Acceding to the Constitution of the General Convention

Section 1. Accession. The Church in this Diocese, as a constituent part of the
Episcopal Church in the United States of America also known as ECUSA, accedes to,
recognizes and affirms its adoption of the Constitution and Canons of the ECUSA, as
established by the bishops, clergy, and laity in General Convention assembled.

Section 2. Diocesan Canons. Canons of this Diocese shall stand as law of the
Diocese insofar as they are not in conflict with this Constitution, the General Constitution and Canons of The Episcopal Church, or civil law.

Section 3. Most Current Version. Any references to the Constitution and Canons of the ECUSA in the Constitution or in the Canons of the Episcopal Diocese of Western
Kansas refer to the most current versions of the Constitution and Canons of the ECUSA.


Province VIII


87) Diocese of Alaska http://home.gci.net/~episcopalak/

The diocesan Constitution and canons may be downloaded (as a .pdf file) from this page.

Article II of the Constitution accedes to ECUSA's Constitution and canons.

88) Diocese of Arizona http://azdiocese.org/

This page has an index to the provisions of the diocesan Constitution; the diocesan canons may be downloaded (as a .pdf file) from this page. Article II of the Constitution is a standard accession clause.

89) Diocese of California http://www.diocal.org/

The diocesan Constitution and canons may be downloaded from this page (Constitution - as a .pdf file; canons - as a .pdf file).

Article II of the Constitution is a standard accession clause.

90) Diocese of Eastern Oregon http://www.episdioeo.org/index.htm

The restated Articles of Incorporation of the diocesan Corporation are available as a .pdf file; Article III thereof is a standard accession clause. A .pdf download of the diocesan canons is available at this link.


91) Diocese of El Camino Real http://www.edecr.org/index.html

The diocesan Constitution and canons may be downloaded from this page

Article II of the Constitution is a standard accession clause.



The Chancellor's page has links to the diocesan Constitution (.pdf file) and canons (.pdf file).

Article II of the diocesan Constitution is a standard accession clause.


93) Diocese of Idaho http://www.episcopalidaho.org/

The diocesan Constitution and canons are available for download (as a .pdf file) from this page.

The diocesan Constitution is in reality the corporate articles; a standard accession clause is set forth in diocesan Canon 3.

94) Diocese of Los Angeles http://www.ladiocese.org/

The diocesan Constitution and canons (2008) may be downloaded (as a .pdf file) from this page. Article II of the Constitution is a standard accession clause.

96) Diocese of Nevada http://diocesenv.org/joomla/

The Constitution does not appear on the diocesan website; the canons may be downloaded (as a .pdf file) from this page. It is presumed that the Constitution has a standard accession clause.

97) Diocese of Northern California http://www.dncweb.org/

This page has links to download the diocesan Constitution (as a .pdf file) and canons (as a .pdf file).

Article II, section 1 of the Diocesan Constitution is a standard accession clause.



99) Diocese of Oregon http://www.diocese-oregon.org/

The diocesan Constitution and canons may be downloaded (as a .pdf file) from this page.

Article 2 of the Constitution is a standard accession clause.

100) Diocese of San Diego http://www.edsd.org/index.html

The diocesan Constitution and canons (2008) may be downloaded (as a .pdf file) from this page.

Article 2 of the Constitution is a standard accession clause.

102) Diocese of Spokane http://www.spokanediocese.org/

The diocesan Constitution and canons are each viewable online.

Article II of the Constitution is a standard accession clause.

Article II, section 1 of the Constitution is a standard accession clause.






Posted by A. S. Haley at 7:40 AM

12 comments:

  1. UnknownMonday, January 4, 2010 at 9:26:00 AM PST

    San Joaquin's web site is now located at: http://www.dioceseofsanjoaquin.net/

    ReplyDelete
  2. Ty YorkMonday, January 4, 2010 at 12:13:00 PM PST

    I am not as smart as all of you but two things demonstrate the PECUSA is not hierarchical, election of the bishops at a diocesan level instead of appointed by a central authority and limited liability for negligence, civil or criminal to the PECUSA.

    ReplyDelete
  3. UndergroundpewsterMonday, January 4, 2010 at 1:17:00 PM PST

    It appears that there is nothing the "hierarchy" can do to prevent a diocese from changing their accession clause language, after all, these clayses have probably be added or altered from time to time. Or would that now in the post "unqualified" world be considered as abandoning the doctrine and discipline of the church?

    ReplyDelete
  4. Creighton+Monday, January 4, 2010 at 2:11:00 PM PST

    I find your argument clear and cogent. However, the court apparently are not seeing matters as you do and in all but a few cases (Va and SC) they have gone the other way.

    Thus, I am not as optimistic as you that they, the courts, will open their eyes and see matters as you do...even though one can always hope.

    ReplyDelete
  5. AnonymousMonday, January 4, 2010 at 3:56:00 PM PST

    TEC is simply banking on as many courts to be "dumb" with regards to canon law, etc. They will succeed in a few and we pray they will fail in all. TEC knows the truth, the whole truth, but since these types of cases have never or rarely come to a judge, they are counting on a judge or jury to view TEC as "poor victims".

    A.S. - sure would feel "safe" if you were here in FTW to be part of counsel!!!

    ReplyDelete
  6. RolinWednesday, January 6, 2010 at 11:11:00 AM PST

    "when it comes to religious unincorporated associations, the whole is greater than its parts"

    Actually, I agree that it is.

    I agree in the same sense that Jesus answered the question, "Are you then a King?"

    The whole is greater than the parts.

    All of which is probably irrelevant in a secular court of law.

    ReplyDelete
  7. bluebird272Wednesday, January 6, 2010 at 6:59:00 PM PST

    An excellent piece of work...most enlightening to see the variety of "situations" that exist.

    As always, thank you.

    ReplyDelete
  8. UnknownFriday, January 8, 2010 at 9:53:00 PM PST

    Are there historical examples of the national organization denying liability in valid, ethical, and successful lawsuits against parishes or dioceses?

    Examples of courts ruling in the national organization's favor in these cases? Perhaps sexual abuse scandals, embezzlement scandals, and the like.

    If the organization is not liable, how can it claim to own the property?

    I'm guessing the national organization has tried to have it both ways, and eventually they'll be called on it. But I don't know the history.

    ReplyDelete
  9. HoofinSaturday, January 9, 2010 at 5:19:00 AM PST

    http://hoofin.wordpress.com/2010/01/08/episcopal-hierarchy-alive-and-well-response-to-anglican-curmudgeon/

    As I argue on the above link, I'm not sure the assumptions Mr. Haley is making are watertight.

    ReplyDelete
  10. A. S. HaleySaturday, January 9, 2010 at 7:12:00 PM PST

    Hoofin, thank you very much for coming here and letting us know about your post. However, the dialogue you have joined has been going on for some time. You might want to read and follow the links in this previous post, then this one, and then this one, for a start.

    For example, you are incorrect when you assert that all of the Dioceses were created subsequent to the formation of PECUSA in 1789. The ten original dioceses which came together to form PECUSA after the Revolutionary War pre-existed the national association by hundreds of years. And these include most of the New England and Southern ones you mention. Dioceses in New York, for example, are not made subject to PECUSA's canons by any statute; the one to which you refer applies to Episcopal parishes incorporating in the State, not to Dioceses (and its validity under the First Amendment is questionable).

    I look forward to discussing the subject with you more when you have a good grounding in PECUSA's history.

    ReplyDelete
  11. HoofinSunday, January 10, 2010 at 5:15:00 PM PST

    PART ONE:

    Mr. Haley, thank you for the corrections, and I think I reflected these back at my site. You're right that the original PECUSA dioceses had existed as some form of organization before PECUSA (1789). They were Church of England organs that were reconstituted as PECUSA dioceses in 1789. (Or became dioceses afterward.)

    I don't think you make the case that, because the earlier dioceses had not adopted express language of accession, (for instance, "we are bound eternally and forevermore to the constitution and canons of this hierarchical-polity denomination"), that it means the parishes, or the dioceses for that matter, aren't bound under the common law of trusts.

    I'm not an expert, and you might be on this area. So I might be out of my depth. But I think this much is right:

    There is a settlor who begins the trust.

    There is a trustee who has responsibility to carry out the trust, and is granted "legal title". The trustee has terms and is bound by them.

    There is a beneficiary (can also be the settlor) who is given the benefit or "use" of the trust.

    For these Episcopal Church parish property disputes--and by extension the Pittsburgh version where a diocese calls into question all the parish property uses---the settlors are usually long gone. The only hard evidence they left besides the deed, which usually has reference to the Protestant Episcopal Church, is the fact that there is something that outwardly looks like an Episcopalian church sitting there on the property for 75, 80, 120 years or so. Or more.

    The trustees are of course around. And as a general rule, the instruction to them is to hold and run an Episcopalian church.

    ReplyDelete
  12. HoofinSunday, January 10, 2010 at 5:16:00 PM PST

    PART TWO:

    Now what has happened in the past 40 years is that a lot of contemporary social issues have meant changes in what passes for Episcopalian. And so, basically, the losing faction (I won't say minority because that's not clear) is saying, "national organization, you have now changed the definition of 'Episcopalian' in ways we don't agree to!"

    Courts in America (should) follow BOTH the Milivojevich case (7-2 decision) or the Jones v. Wolf one (5-4, with the minority in Milivojevich getting its say in Jones.) The first case re-emphasizes the Watson v. Jones hierarchical/congregational division, that the court-identified hierarchy gets deferred to on religious questions. The second case says the court can decide ANY case involving religious matters using "neutral principles of law". So that is, provided that the court can show that the same kind of decision is reached in cases that don't involve religious societies, the decision is constitutional.

    Your line of argument, if I have it right, is this: Unless a parish or a diocese gave an express affirmation to accede, irrevocably, to the PECUSA hierarchy, the then the trustees can interpret the terms of the trust (over parish or diocesan property) as they see fit. You might make an exception that the parish trustee has to defer to the local bishop, but certainly not to an agent of the national church.

    Using "neutral principles", what trustee, who is bound to a larger organization no matter what structure it seems to have, is allowed to disregard the terms of a trust? If someone sets up a big-money trust for the purpose of collecting blood for the Red Cross, and someone sets up a Purple Cross, can the trustee of the trust decide he/she doesn't like the Red Cross very much anymore and unilaterly cut the Red Cross out? Whether or not the national Red Cross organization is a "hierarchy"? No, right?

    And the case wouldn't go to whether the settlor said "irrevocably" or "rules and regulations" or just "rules", a court would look at all the facts. Trust language would matter, but I don't think these "magic incantations" would. And evidence outside of the trust document itself would come to bear on deciding the case as well.

    For current Episcopal church parish trustees or diocesan trustees to think they can unilaterly change the trusts because they don't like what they see seems to fly in the face of everything about the common law of trusts.

    ReplyDelete

Subscribe to: Post Comments (Atom)