Protocol of Reconciliation and Grace through Separation
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| Protocol of Reconciliation and Grace through Separation | |
|---|---|
| Name | Protocol of Reconciliation and Grace through Separation |
| Type | ecclesiastical covenant |
| Signed | 2009 |
| Location | West Palm Beach, Florida |
| Parties | Episcopal Church, Anglican Church in North America, Anglican Communion |
| Context | Anglican realignment, Anglicanism |
Protocol of Reconciliation and Grace through Separation The Protocol of Reconciliation and Grace through Separation was a proposed settlement addressing disputes between Episcopal Church factions and Anglican Church in North America affiliates, aiming to resolve property, episcopal orders, and jurisdictional disputes through negotiated exit terms. It emerged amid wider tensions involving Anglican Communion, Archbishop of Canterbury, Global South, and conservative Anglican realignment leaders, proposing mechanisms linked to precedent from cases involving Diocese of San Joaquin, South Carolina Diocese, Presiding Bishop leadership, and U.S. civil litigation trends. The Protocol sought to balance theological disputes seen in statements from Lambeth Conference, GAFCON, House of Bishops (Episcopal Church), and activist interventions by legal actors such as American Civil Liberties Union, Alliance Defense Fund, and law firms representing diocesan trusts.
Introduction
The Protocol was framed as an agreement among disputed parties including Episcopal Church, breakaway dioceses affiliated with Anglican Church in North America, and mediators representing Anglican Communion interests, invoking precedents from property resolutions like those in Virginia Supreme Court and New York Court of Appeals decisions. Negotiators referenced key figures and bodies including Katharine Jefferts Schori, Presiding Bishop Katharine Jefferts Schori, Robert Duncan, Peter Akinola, Jerry Lamb, and institutions such as The Episcopal Church Foundation and Anglican Consultative Council in crafting terms. The Protocol connected ecclesial reconciliation concepts to canonical measures from Book of Common Prayer revisions and sought civil enforceability consistent with rulings in U.S. Supreme Court jurisprudence and state trust law.
Historical Context and Origins
Origins trace to theological disputes over human sexuality, episcopal authority, and liturgical innovation that intensified after actions by General Convention of the Episcopal Church, controversial consecrations like that of Gene Robinson, and responses from GAFCON leaders including Tom Wright and Moses Tay. Schisms produced litigation exemplified by the Diocese of San Joaquin v. The Episcopal Church and settlements in South Carolina (ACNA) litigation and the All Saints (Palo Alto) litigation. Internationally, interventions by Archbishop of Canterbury, Rowan Williams, and networks such as Global Anglican Future Conference interlaced with domestic disputes involving diocesan trustees, Anglican Communion Office, and creditors in civil courts. Negotiation frameworks referenced reconciliation efforts like the Windsor Report and settlement models used in Presbyterian Church (USA), United Methodist Church property cases, and commissions from Anglican Consultative Council.
Principles and Objectives
The Protocol articulated goals of pastoral care, canonical clarity, and property settlement aligned with instruments used by Arbitration Association and faith-based mediation bodies such as Center for Action and Contemplation affiliates and international mediators including representatives linked to Episcopal Relief & Development. It prioritized terms for episcopal standing, parish affiliation, and trust resolution while invoking doctrines and canons from Book of Common Prayer, Constitutions and Canons of the Episcopal Church, and ecclesiological positions familiar to Anglican Communion provinces like Church of Nigeria (Anglican Communion), Church of England, and Anglican Church of Canada.
Procedures and Steps
The Protocol outlined phased procedures: delineation of diocesan boundaries, offers of transitional financial arrangements, release of property pursuant to trust instruments, and canonical recognition or release of clerical orders subject to consents from bodies like House of Bishops (Anglican Communion), Standing Committee (Episcopal Church), and civil registrars. It recommended mediation by panels with expertise akin to mediators from American Arbitration Association and input from legal counsel experienced in matters before courts such as the Supreme Court of California and the New York State Supreme Court. Implementation steps included timelines for asset transfers, pension adjustments referencing Church Pension Group, and notification requirements to institutions like Episcopal Church Center and diocesan registrars.
Legal and Ethical Considerations
Key legal issues involved trust law, precedent from state high courts, and canonical property doctrines previously adjudicated in matters involving the Dennis Canon and parish trust instruments. Ethical considerations invoked pastoral responsibilities described in the Book of Common Prayer and obligations under civil statutes interpreted in cases before judges associated with tribunals like the U.S. District Court for the Southern District of New York and state supreme courts. Questions arose about recognition of orders and domicile affecting clergy pensions administered by Church Pension Group and compliance with international Anglican instruments such as resolutions from Lambeth Conference and Anglican Consultative Council.
Criticisms and Controversies
Critics from factions aligned with GAFCON, Anglican Church in North America, and conservative dioceses argued the Protocol conceded too much to Presiding Bishop of the Episcopal Church authority and civil litigation frameworks like those advanced by law firms representing dioceses. Opponents invoked autonomy claims similar to disputes involving Diocese of Albany and referenced alternative settlement models used in Methodist disaffiliation processes. Others raised concerns about enforceability under differing state jurisprudence and international ecclesial recognition, citing tensions evident in statements from Church of Ireland, Scottish Episcopal Church, and Episcopal Church in the Philippines dialogues.
Implementation and Case Studies
Elements of the Protocol informed negotiated settlements in diocesan disputes such as parts of the South Carolina resolution, interim agreements in Diocese of San Joaquin matters, and settlements that affected parishes in jurisdictions like California, New York, and South Carolina. Case studies compared outcomes with other denominational settlements in contexts involving United Methodist Church, Presbyterian Church (USA), and international Anglican mediations involving figures linked to Archbishop of Canterbury offices and ecumenical partners such as World Council of Churches.