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Liberal Episcopal priest files lawsuit
Wants to prevent breakaway churches from taking property
Published Thursday, 30-Oct-2003 in issue 827
PITTSBURGH (AP) — A liberal Episcopal priest has filed a lawsuit seeking to prevent conservative parishes from taking church property if they split from the national church over the appointment of an openly gay bishop.
The lawsuit filed by the Rev. Harold Lewis and the Calvary Episcopal Church names Episcopal Bishop Robert Duncan Jr. and the Pittsburgh Diocese. It was filed in Allegheny County court in Pittsburgh.
It does not seek damages but is part of a legal procedure known as ad litem, which lets members of an unincorporated association — in this case, the diocese — assert that its members must comply with its constitution and bylaws.
The Pittsburgh Diocese and others have threatened to split from the national church if the Rev. V. Gene Robinson of New Hampshire is consecrated as a bishop on Nov. 2. Episcopalians who oppose Robinson’s selection met in Texas, Florida and elsewhere to consider a split.
The Episcopal Church’s General Convention on Aug. 5 voted to confirm Robinson as bishop.
Lewis and his parish contend that canon law prevents local churches from taking property with them if they split from the Episcopal Church USA, the national church group that is part of the worldwide Anglican Communion.
Lewis said the lawsuit “has nothing to do with Gene Robinson; this is not about homosexuality.
“This is about the Episcopal Church,” he said. “The court, I think, will uphold our position because the people of the Episcopal Church in this diocese are entitled to the use and the enjoyment of the property.”
Duncan said he was disappointed but not surprised by the lawsuit.
“I think the action on their part is definitely premature, since what we’ve done is try to protect all the churches’ property,” Duncan said.
Robinson’s appointment has rocked the global Anglican Communion, which is wrestling with questions over same-sex unions and biblical authority. Around the world, 77 million people are members of Anglican denominations; the Episcopal Church USA has about 2.3 million members.
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