Anglican Diocese Of South Carolina

The Anglican Diocese of South Carolina (ADOSC) is a diocese of the Anglican Church in North America (ACNA). The diocese covers an area of 24 counties in the eastern part of the state of South Carolina. In 2019, it had 20,195 baptized members and 52 parishes. The see city is Charleston, home to the Cathedral of St. Luke and St. Paul.

The Anglican Diocese formed in 2012 when the historical Episcopal Diocese of South Carolina (EDOSC) split into two groups after a long period of conflict over theology and authority within the Episcopal Church. Bishop Mark Lawrence and a majority of the members of the historical diocese left the Episcopal Church but continued to claim diocesan property, including church buildings, and to be the continuation of the historical diocese. The Anglican Diocese of South Carolina joined the ACNA in 2017.

A minority of the members of the historical diocese remained affiliated to the Episcopal Church and called themselves the Episcopal Church in South Carolina. This group also claimed the right to the name and property of the historical diocese, including the property of 36 parishes who left. On April 20, 2022, the South Carolina Supreme Court ruled that 22 of the 36 parishes would keep their property. However, the court ruled that the other 14 parishes and the St. Christopher Camp and Conference Center were the property of the Episcopal Church in South Carolina and must be returned.

On September 19, 2019, a federal court ruled that the trademarks and names "Episcopal Diocese of South Carolina" and "Diocese of South Carolina" were owned by the Episcopal Church and its affiliates in the state. Following this decision, the Anglican Diocese of South Carolina adopted its current name. In 2022, a final ruling of the South Carolina Supreme Court awarded eight parish properties from the ADOSC to the EDOSC, and the two dioceses agreed to settle all remaining litigation over diocesan property, names and seals, with the EDOSC retaining the name, seal and most of the property.

History

Background

From the 2000s until 2012 a large number of clergy and laypeople in the Episcopal Diocese of South Carolina became more and more dissatisfied with decisions made by the Episcopal Church, and increasingly supported Anglican realignment. Similar controversies occurred in four other Episcopal Church dioceses: San Joaquin, Fort Worth, Quincy, and Pittsburgh. Although some clergy and parishioners in the diocese supported the decisions made by the General Convention of the Episcopal Church, they were in the minority, which was generally not the case with most other Episcopal dioceses. Since 2008, a number of developments heightened tensions between the diocese and the Episcopal Church.

Mark J. Lawrence was consecrated and installed as bishop of the Episcopal diocese on January 26, 2008, after being elected twice. The polity of the Episcopal Church requires that a majority of standing committees and diocesan bishops give consent to the election of any diocesan bishop. Because of "canonical deficiencies" in several dioceses' responses, the first election was declared void, requiring a second election.

The old diocese opposed actions of the Episcopal Church that it viewed as contrary to scripture (see Homosexuality and Anglicanism). After the 76th General Convention of the Episcopal Church passed resolutions DO25 (opening "any ordained ministry" to individuals in same-sex relationships) and CO56 (concerning the blessing of same-sex relationships), the South Carolina diocese responded by holding a special convention on October 24, 2009.General Convention Resolution
C056
an
D025

General Convention 2009 Legislation
, accessed 29 April 2011. That convention passed a resolution authorizing "the Bishop and Standing Committee to begin withdrawing from all bodies of the Episcopal Church that have assented to actions contrary to Holy Scripture, the doctrine, discipline and worship of Christ as this Church has received them ... until such bodies show a willingness to repent of such actions." It also declared "Resolutions DO25 and CO56, to be null and void, having no effect in this Diocese, and in violation of our diocesan canon.""Four of Five Resolutions Overwhelmingly Passed at Special Convention"
, Diocese of South Carolina, accessed April 28, 2011.
span> [Resolutions Offered at Special October 24, 2009 Covention", Diocese of South Carolina, accessed April 28, 2011.

The old diocese attempted to distance itself further from the actions of General Convention in October 2010 and February 2011. At these consecutive diocesan conventions, accession clauses to the canons of the Episcopal Church were removed from the diocese's constitution. This was in response to Ecclesiastical court#Episcopal Church in the United States of America, revisions of Title IV, the canons of the Episcopal Church governing the ecclesiastical discipline of priests and bishops. The old diocese claimed the revisions gave the Presiding Bishop#Episcopal Church in the USA, Presiding Bishop of the Episcopal Church too much authority in internal diocesan affairs.Adam Parker, "Episcopal Diocese of S.C. looks to future", ''The Post and Courier'', 27 February 2011, accessed 29 April 2011. While Lawrence stated that he did not intend to lead the old diocese out of the Episcopal Church, 12 allegations made by an anonymous party charged that the bishop had "abandon dthe doctrine, discipline and worship of the Episcopal Church." Following an investigation in the fall of 2011, the Disciplinary Board for Bishops announced on November 28 that Lawrence's actions did not constitute abandonment.Mary Frances Schjonberg (28 November 2011)
"Disciplinary Board dismisses abandonment complaint against South Carolina bishop"''Episcopal News Service''
accessed May 1, 2011.

In November 2011, the diocese generated more controversy when it issued quitclaim deeds to all parishes in the diocese, thereby surrendering any claim that it might have over parish property. Under the canons of the Episcopal Church, parish property is held in trust for the diocese and the Episcopal Church as a whole; however, South Carolina's diocesan chancellor defended the quitclaim deeds by citing a recent state Supreme Court ruling that the Episcopal Church's property canon was not binding on All Saints Parish in Pawleys Island. He also cited the fact that before 1979, the Episcopal Church never claimed ownership of parish property.

In the aftermath of the 2012 General Convention, which voted to allow the blessing of same-sex unions, there was speculation that the old diocese was heading for secession. Bishop Lawrence was reported to have said that he personally "no longer sees a place for the diocese in the General Convention."

Disaffiliation from the Episcopal Church (2012–2013)

With tensions growing between the historical diocese and the larger Episcopal Church, that diocese's standing committee passed two corporate resolutions on October 2, 2012. The resolutions were designed to conditionally disaffiliate the diocese from the Episcopal Church and also call for a special diocesan convention. These resolutions were to take effect if the larger church took disciplinary action against Bishop Lawrence or other diocesan leadership. Bishop Lawrence was notified on October 15, 2012, by the Presiding Bishop that on September 18 the Disciplinary Board for Bishops had certified his abandonment of the Episcopal Church, thus ostensibly triggering the two resolutions passed earlier."Episcopal Church Takes Action Against the Bishop and Diocese of SC"
, Episcopal Diocese of South Carolina, accessed October 17, 2012.

The special convention was held in Charleston at St. Philip’s Church on November 17, 2012. The convention voted to affirm the disassociation and amend the diocesan constitution and canons to remove all references to the Episcopal Church."Special Convention Approves Canonical and Constitutional Amendments Regarding Disassociation"
(November 17, 2012). Episcopal Diocese of South Carolina. The Diocese of South Carolina was the fifth diocese voting to leave the Episcopal Church in a trend known as Anglican realignment.McLeod, Harriet (November 17, 2012)
"South Carolina Episcopalians break away from U.S. church"
''Chicago Tribune''. Accessed November 18, 2012. The diocese's actions were supported by the steering committee of the primates of the Global South of the Anglican Communion and by the Fellowship of Confessing Anglicans. The steering committee also recognized Lawrence as a bishop over a diocese "within the Anglican Communion."

In contrast, the Episcopal Church denied the legitimacy of these actions, stating that its canon law does not allow a diocese to unilaterally withdraw from the Episcopal Church.Episcopal News Service (November 15, 2012)
"Presiding Bishop's Pastoral Letter to Episcopalians in South Carolina"
The church re-organized leadership for its continuing diocese of parishes that wanted to remain within the Episcopal Church."Fact Sheet: The Diocese of South Carolina"
(November 9, 2012). The Episcopal Church. Accessed November 18, 2012. On January 26, 2013, that continuing diocese held a special convention to elect Charles G. vonRosenberg, retired Bishop of East Tennessee, its provisional bishop. The Episcopal diocese was known by the name "Episcopal Church in South Carolina" during a 2013-2019 legal dispute over the rights to use the name "Episcopal Diocese of South Carolina."

Joining ACNA (2014–2017)

At its annual convention in March 2014, the diocese voted to join the global Fellowship of Confessing Anglicans. It also voted to accept temporary "primatial oversight" from Anglican Communion bishops in the Global South, an action which Bishop Lawrence stated brought it "an extra-provincial diocesan status, gracious oversight from one of the largest ecclesial entities within the Communion." According to the Anglican Communion's official website, the Anglican Diocese of South Carolina is not part of the Anglican Communion and does not have extra-provincial status.

The diocese held a two-day meeting in April 2015 at St. Christopher Camp and Conference Center examining "possible compatibility" with the Anglican Church in North America (ACNA). An "Affiliation Task Force" recommended affiliation with the ACNA at the diocesan convention on March 12, 2016. The affiliation would have to be approved by two future conventions of the diocese.

The Anglican Diocese of South Carolina voted unanimously to affiliate with ACNA at their annual Convention, held in Summerville, on 11 March 2017. ACNA's Provincial Council voted unanimously to formally receive the Anglican Diocese of South Carolina at ACNA's Third Provincial Assembly, meeting in Wheaton, Illinois, on 27 June 2017.

Litigation (2013–2022)

After leaving the Episcopal Church, the diocese sued to retain ownership of more than $500 million in church properties, the 314-acre St. Christopher Camp, and the ''Diocese of South Carolina'' name and registered trademarks. On February 3, 2015, a South Carolina Circuit Court judge ruled that the Anglican diocese was entitled to the property and the historical name."Court rules breakaway SC Episcopal churches can keep $500 million in property"
(February 4, 2015), ''The State''. Accessed February 4, 2015.

The Episcopal Church appealed, and the South Carolina Supreme Court issued a complicated decision on August 2, 2017. Each of the five justices wrote separate opinions. Two justices would have returned all property in dispute to the Episcopal Church. Two justices would have upheld the 2015 ruling. The Dennis Canon (a 1979 Episcopal Church bylaw requiring parishes to keep property in trust for the national church) was an important element in the case. The court found that seven parishes never consented to the Dennis Canon and would be allowed to keep their property. The other 29 parishes were determined to belong to the Episcopal Church. The court split on the issue of who owned the name ''Diocese of South Carolina'', leaving that portion of the 2015 decision in place.

First Circuit Judge Edgar W. Dickson was assigned to implement the 2017 decision. On June 19, 2020, he ruled that the 29 parishes could also keep their property, and the Anglican diocese retained ownership of St. Christopher Camp. In his clarification of the multiple Supreme Court opinions, Dickson explained, "the Dennis Canon by itself does not create a legally cognizable trust, nor does it transfer title to property". The case was appealed, and the state Supreme Court issued its final ruling on April 20, 2022. It examined each of the 29 parishes individually to determine if they expressly agreed to the Dennis Canon. It found that 14 parishes did agree to the Dennis Canon and must return their property to the Episcopal Church. The other 15 parishes never agreed to Dennis Canon and keep their property. The court ruled that diocesan property belonged to the Episcopal Church. On August 17, 2022, the Supreme Court ruled on rehearing that an additional 6 Anglican congregations could keep their property. This ruling left eight parish properties set to be returned to EDOSC: St. John's Episcopal Church on Johns Island, Christ Church in Mount Pleasant, St. David's Episcopal Church in Cheraw, Holy Trinity Episcopal Church in Charleston; St. Bartholomew's Episcopal Church in Hartsville; St. James Episcopal Church in James Island, St. Matthew's Episcopal Church in Fort Motte, and Good Shepherd Episcopal Church in Charleston. (In October 2022, without a critical mass of Episcopalians to restart a congregation, Woodliff-Stanley agreed to sell St. Matthew's Episcopal Church to the ADOSC congregation.)

The state Supreme Court declined to rule on the ownership of diocesan trademarks, leaving the matter to be resolved in federal court. , the district court had ruled in the Episcopal diocese's favor, but an appeal was pending in the 4th Circuit.

Conclusion of litigation (2022)

Chip Edgar, who had been consecrated as the ADOSC's new bishop succeeding Lawrence in 2022, began mediation with EDOSC Bishop Ruth Woodliff-Stanley, who had been consecrated in 2021, to discuss a resolution to the disputes between the dioceses in spring 2022. On September 26, 2022, Edgar and Woodliff-Stanley jointly announced a settlement between the dioceses. While the settlement did not affect remaining issues regarding the property rights of three parishes still pending before the state Supreme Court or a betterments lawsuit by several parishes pending in state trial court, "it does resolve all remaining issues regarding diocesan properties." As part of the settlement, St. Christopher Camp and Conference Center on Seabrook Island was transferred from the ADOSC to the EDOSC on October 1, 2022. Under the settlement, the ADOSC also transferred the bishop's residence in Charleston, additional diocesan-owned real property in Charleston and Santee. The EDOSC waived claims to the ADOSC's leasehold interest in the diocesan headquarters. Historical papers in ADOSC possession will be made available for copying by both dioceses and then donated to the South Carolina Historical Society or another mutually agreed nonprofit; similarly, historical silver in ADOSC without a claim by a parish will be donated to the Charleston Museum or another mutually agreed nonprofit. Bishops' portraits in the possession of ADOSC will be copied and then transferred to EDOSC.

Both the ADOSC and the EDOSC agreed to provide quitclaim deeds to ADOSC church plants whose properties were not subject to orders in the litigation. They also agreed to dismiss pending litigation in federal court over diocesan names and seals, leaving the EDOSC as the owner of the historical name and seal. “This settlement agreement allows us to invest our diocesan energy, time, focus, and resources in gospel ministry rather than litigation," Edgar commented. "While the losses we have experienced, including those of St. Christopher and several of our parish buildings are painful, I am grateful that the work we have done has brought an end to litigation between our dioceses."

Bishops

These are the bishops who served the South Carolina diocese since 2012. For bishops prior to 2012, see Episcopal Diocese of South Carolina (1785–2012).
* Mark Lawrence (2008–2022)
* Chip Edgar (2022–present)

See also

*Anglican realignment
* List of bishops of the Anglican Church in North America
*St. Michael's Episcopal Church (Charleston, South Carolina)

References

Further reading

*
*

External links

Official websiteJournal of the Annual Council of the Protestant Episcopal Church of the Diocese of South Carolina

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Dioceses of the Anglican Church in North America
Anglican dioceses established in the 18th century
Anglican realignment
Religious organizations established in 1785
1785 establishments in South Carolina