Monday, June 20, 2011

A serious legal question:

In general, in cases of property disputes, legal precedence has been accorded that portion of a Diocese maintaining connection with its National Church, rather than the splinter group breaking off and aligning itself with another “arm” of the Anglican Communion. However, this has been done while The Episcopal Church has ostensibly “maintained membership in good standing” within its Anglican Communion.

Should it occur that the National Church, or for that matter, an individual Diocese, no longer is “In full Communion” with the Anglican Church, could/would that alter presumed past or future property dispute settlements?

My basis of this question is the Court’s seeming general reliance on the rights of the “larger whole” taking precedence over the individual rights of the separatists. And subsequently, could/would that give precedence to the group still maintaining “Covenant Status” within the Anglican Communion rather than a group that does not?

Or, am I missing a legally defined relationship between TEC and The Anglican Communion?


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