Bishop sues under canon law

[Stuart Buck]

     As I read the following story, I kept wondering, "What conceivable
     grounds could she have for coming into federal court in the first
     place?  Is there some federal cause of action for reining in dissident
     priests?"  Then, the last sentence of the article says that the issue
     is a violation of canon law.  Well.  I'm going to hazard a guess that
     Rule 12(b)(6) is about to rear its head.

     http://www.sunspot.net/news/printedition/bal-md.episcopal27jun27.story
     ?coll=bal%2Dpe%2Dmaryland


     Episcopal bishop sues to regain control of parish
     Dispute in Accokeek illustrates growing rift within denomination

     By John Rivera
     Sun Staff
     Originally published June 27, 2001

     Unable to resolve a dispute with a dissident conservative priest
     through church channels, the acting bishop of the Episcopal Diocese of
     Washington has gone to federal court seeking an injunction to regain
     control of a Prince George's County parish.

     Bishop Jane H. Dixon filed suit Monday in U.S. District Court in
     Greenbelt, asking that a federal judge prohibit the Rev. Samuel L.
     Edwards from officiating at Christ Episcopal Church in Accokeek. Dixon
     also is asking the court to order the vestry, the lay body that runs
     the 120-member church, to allow her to visit and minister at the
     parish.
     * * *

     * * *

     The vestry is standing fast in its belief that it has the right to
     hire the pastor it wishes and that Dixon failed to object within the
     30-day window mandated by canon law. Dixon countered that she merely
     had to begin her review within a month of Edwards' arrival and as
     bishop retains the right to confirm or deny his appointment as rector.

     Dixon has the support of the presiding bishop of the Episcopal Church,
     as well as 63 Episcopal bishops and more than 100 members of the
     diocesan clergy. Edwards has received the backing of at least seven
     bishops.

     The dispute between Dixon and Edwards came to a head last month when
     the bishop went to Christ Church to preside over Sunday services. She
     was turned away at the door and parish officials threatened to charge
     her with trespassing.

     Dixon conducted a service on an outdoor basketball court. Since then,
     Edwards has conducted the Sunday service at Christ Church, while a
     priest loyal to Dixon has presided at another service at a nearby
     community center.

     Dixon said Edwards and the vestry of Christ Church left her no
     alternative but to sue. The issue, diocesan officials said, is that
     Edwards, by not obeying Dixon's directives, is violating canon law.