The third case is Episcopal Church in the Diocese of Connecticut v. Gauss. In the case, the Connecticut Supreme Court in an Oct. 11, 2011 opinion (full text) held that the Dennis Canon applies in the case to establish an express trust of church property in favor of the Episcopal Church and the Diocese of Connecticut. The petition for certiorari (full text) was coordinated with the Christ Church petition. All of the cases raise the same question, framed in the Episcopal Church cases as follows:
Whether a trust allegedly imposed on local church property by provisions in denominational documents must be treated as legally cognizable under the “neutral principles” doctrine of Jones v. Wolf, 443 U.S. 595 (1979), and the First Amendment, even where such provisions do not satisfy generally applicable rules of state property and trust law.