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Home/Churches and Ministries/Federal Judge Denies Second Episcopal Church Request to Seize Diocese of South Carolina Identity

Federal Judge Denies Second Episcopal Church Request to Seize Diocese of South Carolina Identity

Court Rejects Bishop vonRosenberg's effort to 'rehash' its failed arguments

Written by Staff | Saturday, January 18, 2014

In his ruling, Judge Houck said, “It appears Bishop [Charles G.] vonRosenberg is using the motion to express his disagreement with the Court’s ruling and to ‘rehash’ previously presented arguments. … As such, Bishop vonRosenberg’s motion is improper and reconsideration is not justified.” Bishop vonRosenberg had asked Judge Houck to effectively overturn a state court injunction preventing him and his followers from claiming to be the Diocese of South Carolina.

 

U.S. District Judge C. Weston Houck issued a sharply worded ruling today that rebuffed efforts by The Episcopal Church to sidestep a South Carolina Circuit Court injunction preventing the denomination from seizing the identity and symbols of the Diocese of South Carolina.

In his ruling, Judge Houck said, “It appears Bishop [Charles G.] vonRosenberg is using the motion to express his disagreement with the Court’s ruling and to ‘rehash’ previously presented arguments. … As such, Bishop vonRosenberg’s motion is improper and reconsideration is not justified.”

Bishop vonRosenberg had asked Judge Houck to effectively overturn a state court injunction preventing him and his followers from claiming to be the Diocese of South Carolina.

“We are grateful Judge Houck saw through The Episcopal Church in South Carolina (TECSC) efforts to distract from the real issues in this case,” said Jim Lewis, Canon to the Ordinary of the Diocese. “Their attempt to claim violation of trademark rights was little more than a stalling tactic.

“It’s understandable that TECSC wants to postpone the adjudication of the actual issues involved, but we’re confident the courts will not be distracted,” Lewis said. “Sadly, all the legal shenanigans simply add to the tens of millions of dollars the denomination has spent on legal bills aimed at bullying disaffected members to remain with TEC.”

TEC has historically used the courts to punish parishes and dioceses who disagree with the denomination’s shifting theology. The group has spent more than $22 million on legal efforts to seize individual church property and evict parishioners.

At times when judges have ruled against TEC, the denomination has filed time-consuming appeals that have tied up break-away resources and, occasionally, worn down the resolve of individuals seeking religious freedom. The state court case is scheduled to go to trial in July.

The Diocese of South Carolina disassociated from the Episcopal Church in October 2012 after TEC tried to defrock Bishop Lawrence. Following the Diocese’s decision, 49 churches representing 80 percent of the Diocese’s 30,000 members voted to remain in union with the Diocese and not with TEC.

The Diocese has consistently disagreed with TEC’s embrace of what most members of the global Anglican Communion believe to be a radical fringe scriptural interpretation that makes following Christ’s teachings optional for salvation.

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