A.S. Haley: Striking out in Georgia

Wednesday, October 28, 2009

The Honorable Michael Karpf, Judge of the Superior Court in the Eastern District of Georgia, has now rendered his decision awarding ownership of the oldest Church in Georgia to the Episcopal Diocese of Georgia, and to ECUSA itself (which, paradoxically, as a common-law unincorporated association, is deemed incapable of holding any interests in property). I know that there will be knee-jerk reactions on both sides of the issue, but I refuse to respond in that fashion. On this blog, all that counts is faithful application of the actual law to the facts. Where the trial courts get either the facts or the law wrong, I shall point that out to be the case, and explain why the court is wrong. And by the same token, where a court gets things right, I shall point that out, too. Those who are outcome-oriented, and inclined to agree with any decision (regardless how poorly reasoned) that allows them to carve another notch into their gunstock, will receive no comfort here.

De facto victories in the trial courts are nothing to celebrate if they cannot bear up under legal analysis. All of us suffer when a court fails to follow the law. For too long now, the Episcopal Church (USA) has been twisting the facts of its formation, and avoiding confrontations over those facts by moving for summary judgment with hand-tailored affidavits (declarations). It claims the facts are in its favor, when they are not. It argues that there is an abstract entity, called "the Church", which exists in the hierarchical sky over each and every member diocese and parish. Some courts see through the flimflam, but many are taken in by it. the rest