The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church over a variety of theological issues including the authority of Scripture and the ordination of gays. The breakaway churches then sued in state court to protect the use of the diocesan name and a half billion dollars’ worth of property. Parishes remaining with the national church then asked the case be heard in federal court, contending it raised First Amendment and other federal issues. But Houck disagreed and sent the case back to state court.

CHARLESTON —U.S. District Judge C. Weston Houck has ruled that the legal fight over names and property between two factions of South Carolina Episcopalians is a matter for state court.

Houck, who heard arguments last week and issued an order on Monday, ruled the First Amendment is not a main point of contention and that hearing the case in federal court would disrupt the balance between state and federal courts.

The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church over a variety of theological issues including the authority of Scripture and the ordination of gays. The breakaway churches then sued in state court to protect the use of the diocesan name and a half billion dollars’ worth of property.

Parishes remaining with the national church then asked the case be heard in federal court, contending it raised First Amendment and other federal issues.

But Houck disagreed and sent the case back to state court.
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