Dissent says Calif. court used wrong language in decision against church

By John H. Adams, The Layman,
Tuesday, January 6, 2009

The California Supreme Court has issued a ruling that awards the property of St. Johns Parish in Newport Beach, Calif., to the Diocese of Los Angeles of the Episcopal Church (USA).

The ruling does not mention current cases involving the Presbyterian Church (USA) and whether its congregations would be dealt with likewise. There are both similarities and differences in the property policies of the two denominations. But the PCUSA was deeply involved in the case through a law firm hired by the denomination and former General Assembly Stated Clerk Clifton Kirkpatrick.

‘Neutral principles claimed’

In its ruling, the California court said it applied “the neutral principles of law approach” in reaching its conclusion. However, one member of the court, the highly respected Justice Joyce L. Kennard, disagreed. Although she said she supported the ruling, she argued in dissent that the court reached its conclusion through the “principle of government” approach, not through a neutral principles of law approach. the rest