Yesterday the Diocese of San Joaquin took their second and deciding vote to leave The Episcopal Church and realign with the southern-most Anglican Province in South America, known as the Southern Cone.  The vote was 70-12 within the clergy and 103-10 among the lay delegates at the annual diocese convention in Fresno, California.  A representative of the Archbishop of the Southern Cone read a statement from the Archbishop that began “Welcome Home. And welcome back into full fellowship in the Anglican Communion.”

While roughly 60 churches individually have left the Episcopal church and realigned with overseas Anglican Provinces, this is the first diocese to part ways with the Episcopal church over the differing views of the Bible and homosexuality.  Three other dioceses, Fort Worth, Texas, Quincy Illinois, and Pittsburgh, Pennsylvania, are in the process and others are discussing beginning the process.  In the Diocese of San Joaquin there is the group Remain Episcopal that is loyal to the Episcopal Church, that opposed the realignment of the diocese, and whose web site says they will remain with the Episcopal Church.

I think that it goes without saying that the Presiding Bishop Katharine Jefferts Schori is not in favor of the move.  She is quoted in an Episcopal Church news story as saying “The Episcopal Church receives with sadness the news that some members of this church have made a decision to leave this church.”  The quote finishes with “The Episcopal Church will continue in the Diocese of San Joaquin, albeit with new leadership.”

The news is full of stories, such as this one from Associated Press.  Also, the San Joaquin Diocese news page has several entries about the convention and the action.  I have found nothing from the Worldwide Anglican Communion yet.

This action brings up the interesting question of property ownership when a whole diocese (or presbytery) parts ways with the denomination.  The Diocese of San Joaquin says churches that wish to remain with the Episcopal Church can stay with their property.  The word from the national office and the group Remain Episcopal is that they will wage the legal fight to keep all of it.

All of this comes in the midst of news in California that the California State Supreme Court will be hearing a church property case to set the precedent for the state.  The test case will be one from the Diocese of Los Angeles for St. James church in Newport Beach, Orange County that voted to leave.  In the first round in Superior Court the church won the right to retain its property.  This was overturned by the appellate court which ruled in favor of the denomination using “implied trust.”  Initial briefs have been filed with the Supreme Court but a court date has not been set.  It will probably be in the spring.  Several additional cases already decided by lower courts and future cases will hinge on this decision.  I know that PC(USA) Presbyteries and Synods are watching it closely.  A news story on it is reprinted on Anglicans United.  and on the Rev. Canon Dr. Kendall Harmon’s Weblog TitusOneNine he has a good description of the cases and the legal background.  The law firm Payne and Fears that represents the churches has posted the initial brief on their web site.  The brief argues their case including several Presbyterian cases.  Finally, these issues are discussed more generally and with a national scope in an interview that the Orthodox Anglican web site Virtue Online did with canon lawyer Rt. Rev. William Wantland.

It is no exaggeration to say that this is a very closely watched case and it will define the landscape in California for churches in hierarchical denominations that want to leave with their property.