CA Supreme Court Rules for Episcopal Church, Diocese

[Jeff Hassler]

The opinion is here:
http://www.courtinfo.ca.gov/opinions/documents/S155094.PDF

LA Times coverage here:
http://www.latimes.com/news/local/la-me-episcopal6-2009jan06,0,1557951.story

Based on a hurried reading, I think the majority's opinion only serves to
further muddy the waters between the "neutral principles" and "hierarchical
deference"/"principle of government" approaches.

What will be interesting to see is whether other states that have cited
earlier California decisions (especially *Barker*) as a basis for applying
normal trust law to religious organizations will now reconsider.  The
majority says it is not overruling *Barker* but that it doesn't apply
because at the time of *Barker*, the national church had not adopted its
denominational trust clause.  That would seem to kill any viability
*Barker*has, since such clauses have now been on the books for more
than 25 years.

_______________
Jeff Hassler
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