Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Court Says Loyalist Members of Episcopal Parish Are Proper Board of Governors

By Howard M. Friedman

New v. Kroeger, (CA Ct. App., Oct. 21, 2008) is an action brought by the members of San Diego, California's St. John?s Parish who remained loyal to the Episcopal Church after a majority of parish members broke away and affiliated with the more conservative Anglican Church in Africa. Plaintiffs sought a declaration that the governing board they elected is the proper board of directors of the Parish. After the break-off, they, as remaining remaining members, elected a new governing board, but the break-away board refused to relinquish their seats or control of parish assets. The Court of Appeals, reversing the trial court, held that the break-away members lacked authority to amend the Parish corporation's governing documents to make it part of the Anglican church. By taking the action they did, defendants were no longer part of the Episcopal Church and could not be the lawful directors. The court then concluded that, applying neutral rules, it must give deference to the San Diego Diocese's determination as to who constituted the true members of St. John's Parish. Today's Los Angeles Metropolitan News-Enterprise reported on the decision. [Thanks to Robert H. Thomas for the lead.]

Full post as published by Religion Clause on October 22, 2008 (boomark / email).