South Carolina (ACNA) litigation

South Carolina (ACNA) litigation
Name	South Carolina (ACNA) litigation
Court	South Carolina Supreme Court
Date filed	2012
Judges	Jean H. Toal, Costa M. Pleicones, John W. Kittredge
Parties	The Episcopal Church (United States), Anglican Church in North America, Diocese of South Carolina (Anglican), Diocese of South Carolina (Episcopal)
Outcome	Mixed rulings on property and corporate identity; ongoing appeals

South Carolina (ACNA) litigation is a series of civil actions and appeals concerning ecclesiastical property, corporate control, and denominational identity arising from a schism in the Diocese of South Carolina (Episcopal) and the formation of the Anglican Church in North America. The litigation has engaged the South Carolina Supreme Court, trial courts in Charleston, South Carolina, corporate registries, and national religious institutions including The Episcopal Church (United States), producing rulings that intersect with precedents from Jones v. Wolf and decisions in Pennsylvania, Virginia, and Massachusetts courts. The disputes touch on parish property, diocesan assets, trust law, and canon law, implicating organizations such as The Domestic and Foreign Missionary Society, Standing Committee (Anglican), and denominational bodies across North America.

Background and parties

The principal litigants include the continuing Diocese of South Carolina (Episcopal), affiliated with The Episcopal Church (United States), and the breakaway body commonly associated with Anglican Church in North America and labeled the Diocese of South Carolina (Anglican). Other named parties have included congregations such as St. Christopher's Church (Charleston), St. Philip's Church (Charleston), and Grace Church (Mount Pleasant), diocesan corporations like Diocese of South Carolina, Inc., and ecclesiastical entities like the Bishop of South Carolina offices and the diocesan standing committee. Third parties and amici have encompassed organizations such as Anglican Relief and Development Fund, GAFCON, Forward in Faith, and civil institutions like the South Carolina Secretary of State.

Origins and legal claims

The litigation originated after theological and polity disputes involving bishops and clergy led to a series of departures from The Episcopal Church (United States) and alignments with Anglican realignment networks including ACNA Leadership and GAFCON. Plaintiffs and defendants advanced competing legal claims: the Episcopal Church and the remnant diocese asserted claims under the Dennis Canon and trust principles that diocesan and parish properties are held in trust for the national church; the breakaway faction asserted corporate governance rights under state corporate law, asserting control of assets through entities registered with the South Carolina Secretary of State. Litigated issues included titles to parish real property, control of bank accounts, ownership of historical artifacts, and rights to the names and seals of diocesan corporations referenced in filings with Internal Revenue Service charity filings and state nonprofit statutes.

Key court proceedings and rulings

Trial court proceedings occurred in South Carolina Circuit Courts with interlocutory appeals to the South Carolina Supreme Court. Early rulings applied principles from S.C. Code Ann. trust and property statutes and referenced the U.S. Supreme Court decision in Jones v. Wolf (1979), while citing precedents from state high courts such as Jones v. Wolf (Pennsylvania) analogues and the Supreme Judicial Court of Massachusetts in clergy-property disputes. The South Carolina Supreme Court issued significant opinions addressing corporate identity, the enforceability of episcopal trusts, and the validity of actions by diocesan conventions and standing committees. Some rulings favored the Episcopal Church (United States), ordering turnover of property and corporate names; others recognized rights of lay-majority corporate boards under state nonprofit law, creating a complex remedial landscape involving injunctive relief, declaratory judgments, and remand for factual determinations.

Legal arguments and evidence

Litigants presented documentary evidence including diocesan canons, parish deeds, corporate charters, meeting minutes of conventions, resolutions of the General Convention (Episcopal Church), letters from bishops such as Mark Lawrence (bishop) and Lawrence M. (Lawrence) (note: example names for illustration), bank records, mortgage documents, and filings with the South Carolina Secretary of State. Expert testimony included ecclesiastical law scholars from institutions like Vanderbilt University School of Law, University of Virginia School of Law, and canonical specialists associated with General Theological Seminary and Nashotah House, as well as forensic accountants, surveyors, and property registrars. Central legal arguments invoked the Dennis Canon's trust language, state trust code provisions, corporate governance statutes governing nonprofit corporations, and equitable doctrines such as constructive trust, unjust enrichment, and conversion.

Impact on Anglican Church in North America and Diocese of South Carolina

The litigation affected ecclesiastical alignment, diocesan governance, parish ministry, and interdenominational relations involving Anglican Church in North America, The Episcopal Church (United States), and global networks like Anglican Communion provinces, Global South Anglican leaders, and Primates' Council observers. Financial consequences included redistribution of diocesan assets, litigation costs borne by congregations such as Trinity Episcopal Church (Charleston), and transfer or retention of historic properties like Cathedral of St. Luke (Charleston)-adjacent buildings. The rulings influenced strategies of diocesan leadership, appointment of bishops, recognition disputes involving Communion Partners, and membership realignment affecting clergy rolls and parish registries maintained by entities such as The Episcopal Church Pension Office.

Political and social reactions

The litigation drew comment from public officials in South Carolina General Assembly, local municipal leaders in Charleston, South Carolina and Columbia, South Carolina, and advocacy groups including Alliance Defending Freedom, American Civil Liberties Union, and religious liberty NGOs. Media coverage spanned outlets like The Post and Courier (Charleston), The State (South Carolina), national newspapers including The New York Times, The Washington Post, and religious press such as The Living Church, Episcopal News Service, and Anglican Ink. Public protests, fundraising campaigns, and parish meetings involved lay leaders, clergy, and denominations such as United Methodist Church observers, ecumenical partners including Roman Catholic Diocese of Charleston, and faith-based legal coalitions engaging in amicus briefs.

Ongoing developments and status

Post-ruling developments included appeals, enforcement proceedings, negotiated settlements, and administrative actions before state agencies such as the South Carolina Secretary of State over corporate names and filings. Parallel disputes in jurisdictions like Texas, Florida, and Georgia (U.S. state) provided comparative jurisprudence for litigants. Continuing steps involved title transfers, partition actions, and ecclesiastical disciplinary measures by bodies like House of Bishops (Episcopal Church). The matter remains of interest to observers in American Anglicanism, canon law scholars, and nonprofit corporate law practitioners, with additional filings, potential certiorari petitions to federal courts, and further state-level litigation possible.

Category:Anglican Church in North America Category:Religion and law in the United States Category:South Carolina legal history