TEC wins "tentative" victory in San Joaquin case

There is plenty of legalese to wade through in this pdf from Fresno Superior Court, which is preparing to rule on the case between the Episcopal Diocese of San Joaquin and deposed former bishop John-David Schofield. The upshot, however, its promising.

These tentative rulings, which give the parties a sense of what the judge is thinking heading into oral arguments today, strongly suggest that The Episcopal Church and Bishop Jerry Lamb may win a summary judgment. A summary judgement is awarded without trial when the facts in a case are not at issue and the law is clear.

Pages 4-7 and 48-58 contain the rulings, although the key stuff is 48-56.

The documents are clear. Only the "Bishop" of the Diocese of San Joaquin has the right to the incumbency of the corporation originally entitled "The Protestant Episcopal Bishop of San Joaquin, a Corporation Sole" and given the number C0066488 by the Secretary of State. Moreover, the Episcopal Church has spoken as to who holds the position of Bishop of the Diocese of San Joaquin — Reverend Lamb. Defendants challenge Lamb's election as Bishop on procedural grounds such as notice and quorum, but this court has no power to rule on the validity of the Episcopal Church's election of its Bishops.

Both the United States Supreme Court and California courts have held that in the case of hierarchical religious entities the civil courts must accept as binding and defer to decisions by religious tribunals with respect to religious doctrine, practice, faith, ecclesiastical rule, discipline, custom, law, membership, polity, clergy credentials and discipline, as well as religious entity governance and administration....

Accordingly since the Episcopal Church has seen fit to recognize Lamb as the new Bishop of the Diocese of San Joaquin, we must do so as well.

Comments (4)

Thanks for the good news,perhaps one of the GafCon primates will send J-D S some cash to find a new place.

I hope Ft. Worth and Pittsburgh are paying attention.

ATTN: PB Venables and others

Here we have it...TEC has determined who is recognized as the valid Bishop of TEC diocese of San Joaquin. Thank you ++Katharine, Primate TEC, The Executive Committee, Bishop Lamb and the loyal and true Standing Committee of TEC San Joaquin who have been willing to defend our Faith and our Patrimony.

On another note, yet the same topic, don´t you think it´s time that anti-LGBT Anglican leadership start taking more ¨hands on¨ spiritual care for the well being of ALL Episcopalians and Anglicans?

How about a message of love and inclusion for ALL, spelled out clearly, Anglican Communion members everywhere?

Isn´t it time ALL members of The Anglican Communion dump the prejudice, planned excluding (see ACC +Drexel Covenant deception document in Jamaica)?

Isn´t it time to STOP the persecution and abominating of full-fledged LGBT Anglicans in Uganda, Nigeria, Kenya and beyond?

Isn´t it time that Bishops and laity from Provinces rampant with internal corruption, murder, rape, greedriven war, disease, poverty, human exploitation (sexual and other) by using outdated taboos and feardriven superstition start FOCUSING on cleaning up their own fundamental MORALITY MESS at home?

Importing corruption, and false teachers to validate lies, no matter how dressed up to look HOLY, is criminal, is insane, dishonest and deadly at Church.

Isn´t it time +Orombi, +Akinola and others learn how to minister to the REAL desperation, war, violence, massacres and everyday crime that is running rampant at their HOME Provinces?

These men and their American accomplices have very little REAL or GOOD NEWS to preach about or share with us at this time.

Grandiose bigshotism and thinly veiled spiritual grandstanding won´t replace reality, law, vows, justice and common sense...nor will excluding Christians and others replace Gods wish/command for us to love one another at Church and beyond.

Two separate cases are being conflated with the update. St. James', the congregation that has said they will go to the Supreme Court, was a part of a separate and earlier lawsuit involving the Diocese of Los Angeles. This week's tentative ruling and hearing involved the Diocese of San Joaquin.

Thanks for pointing this out DLM. I didn't notice that update and it didn't belong there. I got rid of it. (Need your name next time.)

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