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Communication
Church Locater
California Court of Appeal Rules in Favor of the Episcopal Diocese of San Diego
October 22, 2008
In a unanimous decision issued October 21, a three-judge panel of the California Court of Appeal, Fourth Appellate District, Division One recognized the authority of the bishop in determining parish structure at St. John’s Episcopal Church in Fallbrook. Specifically, the court ruled that in order to be a member of the board of directors for any corporation formed by a parish, one first must be a member of the parish vestry, which is the governing council of the congregation. Church rules require that every parish have a vestry and that the members of the vestry serve as the directors of any parish corporation.
This decision recognized that members of the board of directors as a matter of canon law need to be members of the vestry. It affirmed that this is an internal dispute within an Episcopal church, and affirmed the bishop’s decision regarding eligibility to be a director of the parish corporation.
“The decision recognizes the authority of the church to establish its own rules of governance,” said Chancellor Charles Dick, “and says the courts are obliged to respect the decisions of the Church with regard to its own structure.”
“I am delighted that the court has ruled that when there’s a disagreement as to the eligibility of a person to serve on the vestry of a parish, the bishop is the final arbiter of the question. When the bishop has decided who is eligible to serve, the courts are going to respect that and not second guess it.”
“The dissidents have attempted to say that if they wish, they can change the bylaws of a parish corporation and disavow any obligation to obey the rules of the Episcopal Church. This ruling said, ‘No, when you make a pledge to be bound by the canons of the Episcopal Church, you can’t just revoke that pledge because you don’t like what’s going on in the Episcopal Church.’”
The Right Reverend James R. Mathes, Bishop of the Episcopal Diocese of San Diego said, “The people of our diocese welcome this sweeping decision that supports the members of St. John’s Episcopal Church, which has been a part of the Episcopal Church since 1891. Even as we give thanks for this development, we continue to hold all members of St. John’s Episcopal Church, as well as those who have left and will be disappointed by this decision, in our prayers.”
“I pray that both sides in this dispute might find a way to worship together in the unity that we received as a gift through Christ.”
“Even as we do what is necessary to be good stewards of the parish corporation and its property, we wish the best for those who have left and pray that they will find a way forward.”
The members of St. John’s Episcopal Church have been holding regular Sunday services at the Fallbrook Community Center since the dissenting faction deprived them of their church home in 2006.
“Despite this dislocation,” said Bishop Mathes, “the congregation is vibrant and growing under the leadership of the Reverend Canon Wayne Sanders.”