Episcopal Dispute in Maryland Spills into Federal Court

[David Guinn]

It seems to me that the court could take one of two
approaches:

First, as noted in the article, there is an internal
Episcopal tribunal for these types of disputes.  The
Court could reject the case, deferring to the
tribunal.

Second, as suggested by Mieke, the court would be
forced to address the issue as one over property.
There is ample authority allowing the courts to
address property disputes.  In this case, the question
would be who owned the property and, presumably,
whether the vestry acted according to its fiduciary
duty to the larger Church.

I cannot imagine the Court addressing the
ecclesiastical laws per se, unless they were
specifically incorporated in a contract addressing
property issues.

Interesting problem.

David



=====
David E. Guinn, JD, PhD
5032 N. Glenwood Ave.  #3
Chicago, IL 60640
(773) 334-7223
email: davideguinn at yahoo.com

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