tag:blogger.com,1999:blog-759178030677978044.post891340894702738578..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: Pittsburgh Fights BackA. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-759178030677978044.post-71676857171553716642008-08-13T01:16:00.000-07:002008-08-13T01:16:00.000-07:00... they have cost the Diocese thus far $750,000 i...<I>... they have cost the Diocese thus far $750,000 in legal fees in defending against their nonsensical claims, and then has the gall to allege that that money was wasted in being spent for that purpose!</I><BR/><BR/>I seem to remember hearing of someone who killed his parents and then asked for the court's mercy on the grounds he was an orphan...Craig Goodrichhttps://www.blogger.com/profile/07751837397879574986noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-85263967759210924582008-08-10T16:36:00.000-07:002008-08-10T16:36:00.000-07:00robroy, good questions. 1) The Dennis Canon tries ...robroy, good questions. <BR/><BR/>1) The Dennis Canon tries to exploit the latitude the courts give to so-called "hierarchical churches," as I have explained in more detail <A HREF="http://accurmudgeon.blogspot.com/2008/05/who-shall-own-property.html" REL="nofollow">in this post</A>. (See also the articles on the Canon at Mike Watson's site, which is linked in the comments to the article I just cited.) It does so, as you point out, by unilaterally setting up a trust arrangement, done in much the way banks unilaterally change the terms of your credit cards: if you don't want to accept the new arrangement, you are supposed to "opt out" (by leaving TEC in 1979, when the Canon was adopted; it's a little late now). Some courts are offended by the Canon and what it tries to do; others implement it fully. It depends on how much precedent in the given State supports a ruling that TEC is "hierarchical."<BR/><BR/>2) Since the Dennis Canon does not contemplate any disagreement between a diocese and TEC, it cannot govern a case when there is one. The true "hierarchy" within TEC consists of the relation between the diocese and its parishes, or more strictly, between the bishop and his clergy. There is no hierarchy between TEC and its dioceses, because (a) TEC did not create the dioceses, but the dioceses created TEC; and (b)there is no hierarchical language in TEC's Constitution making General Convention the supreme authority in the Church, just as there is no Supremacy Clause in TEC's Canons. My guess, therefore, is that so long as a diocese is upholding the Dennis Canon, a court would not step in to say that the national church takes precedence over the diocese---especially in Pittsburgh, where TEC is not even a party to the lawsuit.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-69250970908583695242008-08-10T16:10:00.000-07:002008-08-10T16:10:00.000-07:00Two questions:In contract law, one party can't jus...Two questions:<BR/><BR/>In contract law, one party can't just unilaterally change the terms of the contract. But isn't this just what the Dennis Canon does?<BR/><BR/>The Dennis Canon states that all parish property is held in trust for the <B>diocese AND the national church</B>. Now, if those parties disagree, who wins? It seems like the name on the title would be pretty important in deciding that.Robert McLean MD PhDhttps://www.blogger.com/profile/08989760160953072212noreply@blogger.com