A.S. Haley: Trojan Horse Sent Packing from South Carolina

November 19, 2011

As I have remarked on many occasions, the Dennis Canon, probably (but not definitely) enacted at General Convention 1979, is the Episcopal Church (USA)'s Trojan Horse. Sneaked in under everyone's radar at the last possible minute, it lay dormant for over twenty years before suddenly unleashing its hidden forces to go out and attack unsuspecting parishes. Unable to accomplish anything by itself, it needed the assistance of various State courts and legislatures to achieve its results. And in the process, it has cost the Episcopal Church alone over Twenty-Five Million Dollars, and tens of thousands of lost parishioners, hundreds of parishes, and four entire dioceses. A Trojan Horse, indeed!

Now comes word that the ugly beast has been definitively and decisively banished from the Church's Diocese of South Carolina. After receiving a crippling wound last September from that state's Supreme Court, the creature was sent finally packing by the Diocese and its bishop, when last week they mailed out quitclaim deeds to every single one of their incorporated parishes. The legal effect of such deeds was that the Diocese gave up and released any and all claims ("quit its claim" -- hence "quitclaim deed") it may have had, from whatever source or reason, and however long ago acquired, in those parish properties. Chancellor Wade Logan explained:

For 190 years (1789-1979) there had never been any idea that somehow the parishes did not completely and fully own their property. Our Supreme Court has now said that the attempt to change that in 1979 by the General Convention was not binding on the parish of All Saints, Pawley's Island, SC. In recognition of that ruling, and in continued pursuit of our historic unity based on common vision rather than legal coercion, the Diocesan Convention removed the relevant section from our canons in October 2010. The issuance of these quitclaim deeds lays to rest any lingering issue that may exist for some parishes when they seek to obtain title insurance or secure bank financing for parish projects. Parishes may choose to file them or not based on their individual needs. We trust this action will enable parishes to freely exercise their rights and responsibility to oversee that which God, through the faithfulness of prior generations, has bequeathed to them.

The usual suspects are muttering imprecations against Bishop Lawrence as a result of this brave deed. They of course have to see it as betraying the Episcopal Church (USA), instead of strengthening it.
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