Fort Worth moves to dismiss Church lawsuit

Sunday, 17th May 2009
By George Conger

The Diocese of Fort Worth has filed a motion to dismiss the lawsuit brought by the Episcopal Church and its allies seeking control of church property in North Central Texas. On May 8 lawyers for Fort Worth Bishop Jack Iker said the April 14 suit brought against the conservative bishop and diocesan officers should be dismissed as the court lacked “subject-matter” jurisdiction to hear the dispute.

Lawyers for Bishop Iker ... asked the court to take “judicial notice” that the Episcopal Church was a voluntary association of dioceses and not a hierarchical church organization with dioceses and bishops subordinate to a metropolitan or national church. The court lacked subject matter jurisdiction to hear the dispute, the motion said, as the underlying petition brought by the national church was seeking to resolve an ecclesial dispute by resorting to secular law --- a course of action forbidden under the American principle of separation of church and state. the rest