The Long Beach, California Press Telegram reports today on a novel maneuver in a law suit between the Episcopal Diocese of Los Angeles and three local churches. In August, the three churches broke away from the Episcopal Church USA in protest over the ordination of an openly gay bishop and the blessing of same-sex unions. They placed themselves under the jurisdiction of an Anglican Bishiop in Uganda. In response, the Los Angeles diocese sued to get the property, hymnals and financial records of the three churches. It also asked for punitive damages.
Now comes the novel twist. The three churches have filed an anti-SLAPP motion under California Code of Civil Procedure Sec. 425.16. SLAPPs (Strategic Lawsuits Against Public Participation) were historically suits by businesses or government officials to silence critics. They were brought against individuals who spoke out on public issues, claiming that in speaking out, the individual became liable for defamation, conspiracy or interference with economic advantage. To prevent these, California and other states have provided that "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike..."
A hearing on the anti-SLAPP motion is scheduled for June 9.
