A California intermediate appellate court has reversed a judgment of a lower court, which had held that the vestry of a Los Angeles-area Episcopal parish had no right to take church property with them when they voted to leave the Episcopal Church.
In a nutshell, the court held that certain other California appellate courts, which had allowed congregations to retain their property when trying to leave their churches, didn’t have authority to do so, because:
- Under the governing U.S. Supreme Court precedent, it’s constitutionally permissible to apply “neutral principles” — for example, whose name is on the deed — but it’s not mandatory; and
- Well-established and never-overruled precedent of the California Supreme Court requires deference to the highest authority of the church.
At first reading, it looks to me like the court did a very thorough and competent job. (I haven’t read the cases or other materials cited by the court, and probably won’t.)
I doubt we’ve seen the last of this case.
(Hat tip: TitusOneNine and commenter w.w. for the link to the opinion.)
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