California Supreme Court hears Episcopal Cases today

“S155094 Episcopal Church Cases” will be heard Wednesday in the California Supreme Court. According to the Court’s Outreach Services,

The California Channel is scheduled to broadcast the entire Supreme Court’s Special Oral Argument Session, October 7 & 8, beginning at 9:00 a.m. on Tuesday, Oct. 7. For information about cable viewing opportunities in your area, go to: www.calchannel.com

From the Expanded Background Summary provided by the Court website:

St. James Parish claims ownership because the deeds to the property are in its name and the property was always locally owned and managed. The national Episcopal Church argues that St. James Parish has always promised to remain a part of the national church and to abide by the national church’s rules. Those rules provide that the local church owns church property only so long as it remains a member of the national church, and if it leaves the church, the property reverts to the national church. The trial court ruled in favor of the local church; the Court of Appeal ruled in favor of the national church. The dispute has now arrived at the Supreme Court.

More generally, the court must decide how the civil courts of this state should approach the resolution of church property disputes like this one without getting entangled with religion or violating the freedom of religion that the First Amendment to the United States Constitution guarantees. In this regard, two United States Supreme Court decisions are particularly important and will probably be mentioned at oral argument: (1) Watson v. Jones, decided in 1871; and (2) Jones v. Wolf, decided in 1979. Watson v. Jones said that when it comes to questions of church doctrine, courts must accept as binding the decision of the highest “church authority” that ruled on the question. Jones v. Wolf permits, but does not require, state courts to use “neutral principles of law” when deciding church property disputes. In other words, courts may use the same principles of law they use to resolve property disputes in general. The intermediate Courts of Appeal in California have generally been using the neutral principles of law approach, but the California Supreme Court has not yet decided the point — and might do so in this case.

Documents:

Expanded background summary (PDF, 9 KB)

Case information, including Supreme Court docket entries

Court of Appeal opinion (PDF)

Petition for review (PDF, 4,368 KB)

Answer to petition for review (PDF, 622 KB)

Reply to answer to petition for review (PDF, 676 KB)

Bunyan et al. brief (PDF, 2,186 KB)

Episcopal Church’s brief (PDF, 2,052 KB)

Bunyan et al. reply brief (PDF, 1,763 KB)

Amicus curiae brief (Charismatic Episcopal Church) (PDF, 745 KB)

Amicus curiae brief (Diocese of San Joaquin) (PDF, 1,389 KB)

Amicus curiae brief (Holy Apostolic Catholic Assyrian Church) (PDF, 2,067 KB)

Amicus curiae brief (Iglesia Evangelica Latina) (PDF, 1,496 KB)

Amicus curiae brief (Kirkpatrick) (PDF, 1,174 KB)

Amicus curiae brief (Lee) (PDF, 1,292 KB)

Amicus curiae brief (Poch) (PDF, 1,885 KB)

Amicus curiae brief (Presbyterian Lay Committee) (PDF, 2,063 KB)

Amicus curiae brief (Presbytery of Hanmi) (PDF, 2,035 KB)

Bunyan et al.’s response to amicus curiae briefs (PDF, 2,046 KB)

Episcopal Church’s response to amicus curiae briefs (PDF, 1,818 KB)

Answer brief to amicus curiae briefs (PDF, 2,302 KB)

Past Posts
Categories