Double-edged verdict in California court ruling

Wednesday, 7th January 2009
By George Conger

The California Supreme Court has issued a double-edged verdict in the Episcopal Church property cases, handing both the Diocese of Los Angeles and three breakaway parishes a defeat in their bids to control disputed church properties.

By a vote of 6 to 0 --- with the seventh judge issuing a separate opinion that agreed with the ruling but rejected the legal arguments of the majority --- the California Supreme Court rejected the Episcopal Church’s arguments that the state must defer to the church in adjudicating church property disputes. The judges held that California courts must use “neutral principles” of law to resolve church property dispute --- giving no deference to claims made by the church hierarchy not found in the underlying title and corporate charters.

“To the extent the court can resolve a property dispute without reference to church doctrine, it should apply neutral principles of law,” the court held. “The court should consider sources such as the deeds to the property in dispute, the local church’s articles of incorporation, the general church’s constitution, canons, and rules, and relevant statutes, including statutes specifically concerning religious property.” the rest