Landmark church property decision in South Carolina Supreme Court

PAWLEYS ISLAND, S.C. - In a landmark decision, the South Carolina Supreme Court has rejected claims by the Episcopal Church (USA) to property owned by the All Saints Parish Inc., a congregation that voted to withdraw from the denomination. The court's unanimous decision was handed down on Sept. 18.

The court's two-part decision ruled:

1. that the congregation's title to its property cannot be undermined by a "trust" that the Episcopal Church (USA) has attempted to impose upon its churches; and,
2. that the congregation's decision to sever its ties to the Episcopal Church (USA) was legally valid, and the vestry (governing body) that was elected by the congregation cannot be replaced by another vestry declared by the Episcopal Church (USA) to be the "true officers."

The court said it made its decision using "neutral principles of law," rather than "deference to hierarchical ecclesiastical authorities."

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