California Court Supports Break-Away Episcopal Churches

The Long Beach Press Telegram reports that in Orange County, California, a state trial court yesterday dismissed a suit by the Episcopal Diocese of Los Angeles against two dissident churches, All Saints' and St. David's of North Hollywood. The decision allowed the parishes, which had split from the Episcopal Church in 2004 because of disagreements over the consecration of an openly gay bishop and the blessing of same-sex unions, to retain possession of their property. (See prior related posting.) The Los Angeles diocese had invoked canon law to claim that the churches' property and hymnals belonged to the larger Diocese. The court rejected that claim, however, finding that deeds gave title to church buildings to individual churches, and that the church’s articles of incorporation did not create a trust in favor of the parent religious body. The parishes were had defended the case by filing anti-SLAPP motions, which claimed the lawsuit arose from their exercise of freedom of speech and religion. That allowed the case to be dismissed immediately if the plaintiff was unable to show it was likely to prevail in a trial. (See prior posting.)