California appellate court rules La Crescenta property belongs to Los Angeles diocese
A California appellate court’s June 9 ruling was the latest in a series of recent developments that return disputed church properties to three California Episcopal dioceses.
On June 9, the San Diego-based Fourth District Court of Appeal ruled unanimously that the Diocese of Los Angeles is legal owner of property currently occupied by St. Luke’s Anglican Church. The congregation had cited theological differences when severing ties to the Episcopal Church (TEC) in 2006 and realigning with an Anglican diocese in Uganda.
In unrelated agreements, displaced Episcopalians will return July 1 to two other disputed properties, St. John’s Church in Petaluma, in the Diocese of Northern California and St. Paul’s Church in Modesto in the Diocese of San Joaquin.
“The long history of the Episcopal Church in La Crescenta will continue with new leadership and the potential for sustained growth, and as an open source of full inclusion for all humanity,” Bishop Jon Bruno of Los Angeles said June 9 after learning of the court’s decision.
“It is important that we preserve the essence of St. Luke the healer and the ongoing maintenance of the historic church building. It is a jewel in the crown of La Crescenta, and a blessing to the people of the Diocese of Los Angeles.”
Los Angeles: ‘property held in trust’ for wider church
The appellate court ruling affirmed a 2007 trial court decision that the church, located about 15 miles north of Los Angeles, was held in trust for the mission of both the local diocese and the wider church. In issuing the ruling, the ten-member panel cited a January 5, 2009 California Supreme Court decision, which returned St. James Anglican Church in Newport Beach to the diocese. Attorneys in that case, New v. Kroeger, have appealed the decision to the U.S. Supreme Court.
John Shiner, chancellor for the Diocese of Los Angeles, said a timeline for transition will advance in accordance with court procedures.
The Rev. Rob Holmann, rector of St. Luke’s Anglican Church, declined to comment June 10. “I know the general direction of the ruling, but I am withholding all comment until I see it” and until he could speak with attorneys, he told the Episcopal News Service.
A few days earlier, Holmann had told the Glendale News Press that he and the 200-member congregation “would very much like to stay” in the 83-year-old river-rock building, considered a cultural, architectural and historic local landmark.
Bruno said the future mission of St. Luke’s, now under his direct pastoral control, will be to focus on “deepening our understanding of what it means to be reconciled, welcoming and healthy people of God.”
Petaluma and Modesto: Episcopal congregations set to return July 1
After a bitter split and three years of “homelessness,” members of St. John’s Episcopal Church in Petaluma are returning July 1 to the 118-year-old church, the Rev. Norman Cram said in a telephone interview June 10.
“We are jubilant, overwhelmingly jubilant,” said Cram, priest-in-charge. “We celebrated our homelessness and we overlooked the inconveniences of living and worshipping out of a laundry basket but now that these things are almost behind us, it’s almost overwhelming.”
Citing disagreement over the ordination of a gay bishop, a majority of the 250-member congregation in December 2006 had voted to sever ties with the Episcopal Church and the Diocese of Northern California but declined to vacate church property. They formed St. John’s Anglican Church, displacing about 55 continuing Episcopalians who initially met in homes.
The Rev. David Miller, rector of the Anglican congregation, had sought a transfer of his canonical residence to the Argentina-based Anglican Province of the Southern Cone and was eventually deposed by the Rt. Rev. Jerry Lamb, then bishop of the Diocese of Northern California.
Miller did not return ENS telephone calls June 10. Mike McIntosh, parish administrator for the disaffiliated group, said a news release would be issued eventually, but declined further comment. The congregation’s last service in the church will be Sunday, June 28.
The continuing Episcopal congregation eventually began meeting on Sunday evenings at the Elim Lutheran Church in Petaluma who “magnificently sheltered us,” said Cram. He added that he hopes: “to present a healthy Christian perspective of love, compassion and kindness to our community, to be the yeast for the values of unity and inclusiveness in Petaluma.”
Meanwhile, Bishop Jerry Lamb of San Joaquin told ENS that discussions are underway with St. Paul’s Church in Modesto for return of that property by July 1, which several years ago affiliated with the Anglican Mission in America.
The Rev. Michael McClenaghan, rector, did not return ENS calls.
Lamb was already planning an organizational meeting, seeking lay leaders to begin the work of transition. “I have been making calls this week to laity who are or have been members of St. Paul’s and have signaled their desire to remain in the Episcopal Church,” he said in a statement posted on the diocesan website.
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Original source : http://gay_blog.blogspot.com/2009/06/california-ap…
Paterson Appoints Two Lesbians to NY Appellate Court
Two lesbian judges have been appointed to the New York State appellate court, among five total appointees announced by Gov. David Paterson on Friday. Judge Roslyn Richter will fill a position in the appellate division’s first department, while Judge Elizabeth Garry will go to the third department. See Paterson Appoints Two Lesbians to NY Appellate Court
Advocate.com
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Original source : http://gay_blog.blogspot.com/2009/03/paterson-appo…
Rights Groups Release Updated Guide For New York Same-Sex Couples Married Out of State
(New York) — Lambda Legal, Empire State Pride Agenda, the New York Civil Liberties Union and the American Civil Liberties Union have released a guide outlining government protections and obligations for same-sex couples in New York who married out of state. The new guide is released as the first anniversary of Martinez v. County of Monroe draws near, and in light of last week’s decision in Lewis v. New York State Dept. of Civil Service - both notable appellate court rulings that upheld government recognition of out-of-state marriages of same-sex couples.
The document, titled: Your Government Respects Your Marriage: Developments in New York State Agency Recognition of Same-Sex Couples’ Out-of-State Marriages, details many of the ways state agencies around New York accord legal respect to married same-sex couples. Lambda Legal, NYCLU, Empire State Pride Agenda and ACLU worked closely with state agencies to confirm and clarify the legal rights afforded to same-sex couples married out of state. The summary offers an overview of some of these statewide protections.
“The guide is a crucial primer for same-sex couples who are recognized as spouses in New York,” said Susan Sommer, senior counsel at Lambda Legal, who has litigated many of the cases confirming marriage respect for same-sex couples. “It shows significant areas in which these couples now are protected, ranging from access to health insurance, to accurate birth certificates for children born to same-sex couples, to important workers’ compensation benefits if tragedy strikes. But until New Yorkers in same-sex relationships can marry in their home state, they are still vulnerable to discrimination.”
“Couples in New York who have never known true security for their families are finally getting a taste of the family protections other married couples and their children enjoy,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The governor’s determination was based on the NYCLU’s victory in the case Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize valid out-of-state same-sex marriages. We commend the governor and our state agencies for following the law and standing up for fairness. But lasting progress requires leadership from both the judicial and legislative branches. It’s time for our political leaders to do what’s right. New Yorkers should not have to leave the state to protect their families.”
“Policymakers and elected officials in New York should recognize that we’re already living in a state with marriage for same-sex couples. Unfortunately, these couples currently have to go out of state to have their weddings performed,” said Alan Van Capelle, executive director of the Empire State Pride Agenda. “Not only does this mean a loss of literally millions of dollars to New York’s economy, but it is also patently unfair to same-sex couples. New Yorkers shouldn’t have to go elsewhere to get married when they want to stand up in front of friends and family right here and get married in their home state.”
To read the document in its entirety visit: http://www.aclu.org/pdfs/lgbt/ny_governor_respects_marriage.pdf
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Original source : http://gay_blog.blogspot.com/2009/01/rights-groups…
Rights Groups Release Updated Guide for New York Same-Sex Couples Married Out of State
(New York, January 26, 2009) — Lambda Legal, Empire State Pride Agenda, New York Civil Liberties Union and the American Civil Liberties Union have released a guide outlining government protections and obligations for same-sex couples in New York who married out of state. The updated guide is released as the first anniversary of Martinez v. County of Monroe draws near, and in light of last week’s decision in Lewis v. New York State Dept. of Civil Service — both notable appellate court rulings that upheld government recognition of out-of-state marriages of same-sex couples.
The document, titled: Your Government Respects Your Marriage: Developments in New York State Agency Recognition of Same-Sex Couples’ Out-of-State Marriages, details many of the ways state agencies around New York accord legal respect to married same-sex couples. Lambda Legal, NYCLU, Empire State Pride Agenda and ACLU worked closely with state agencies to confirm and clarify the legal rights afforded to same-sex couples married out of state. The summary offers an overview of some of these statewide protections.
“The guide is a crucial primer for same-sex couples who are recognized as spouses in New York,” said Susan Sommer, senior counsel at Lambda Legal, who has litigated many of the cases confirming marriage respect for same-sex couples. “It shows significant areas in which these couples now are protected, ranging from access to health insurance, to accurate birth certificates for children born to same-sex couples, to important workers’ compensation benefits if tragedy strikes. But until New Yorkers in same-sex relationships can marry in their home state, they are still vulnerable to discrimination.”
“Couples in New York who have never known true security for their families are finally getting a taste of the family protections other married couples and their children enjoy,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The governor’s determination was based on the NYCLU’s victory in the case Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize valid out-of-state marriages of lesbian and gay couples. We commend the governor and our state agencies for following the law and standing up for fairness. But lasting progress requires leadership from both the judicial and legislative branches. It’s time for our political leaders to do what’s right. New Yorkers should not have to leave the state to protect their families.”
“Policymakers and elected officials in New York should recognize that we’re already living in a state with marriage for same-sex couples. Unfortunately, these couples currently have to go out of state to have their weddings performed,” said Alan Van Capelle, executive director of the Empire State Pride Agenda. “Not only does this mean a loss of literally millions of dollars to New York’s economy, but it is also patently unfair to same-sex couples. New Yorkers shouldn’t have to go elsewhere to get married when they want to stand up in front of friends and family right here and get married in their home state.”
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Original source : http://gay_blog.blogspot.com/2009/01/rights-groups…
Recognition of Out- of- State Marriages for Same-Sex Couples in Lambda Legal’s Case
“Once an out-of-state same-sex marriage is recognized in New York,…each of its parties would be ‘a party to a marriage,’ and, thus, a ‘legal spouse’ who would be entitled to the benefits, rights and obligations of that status,” the three-judge majority opinion held. The other two panel judges filed a concurring opinion.
“Today the Appellate Court confirmed that New York’s state government follows the law by respecting out-of-state marriages of same-sex couples,” said Susan Sommer, Senior Counsel at Lambda Legal. “The Court has upheld important spousal health coverage for government employees in the process.”
In May 2007, DCS issued a memo recognizing, as spouses, same-sex couples married in other states or jurisdictions for purposes of extending spousal health insurance coverage to public employees in participating government insurance plans. The Alliance Defense Fund (ADF), on behalf of four New York taxpayer plaintiffs, challenged DCS’s authority to respect valid out-of-state marriages of same-sex couples and to treat those couples fairly in administering state benefits. In March of 2008, the Supreme Court, Albany County, issued a decision that the DCS was following the law in applying New York’s marriage recognition rule to these marriages. ADF opposed the decision in an appeal filed in 2008.
Lambda Legal argued before the court in October 2008 on behalf of Defendant-Intervenors-Respondents Peri Rainbow and Tamela Sloan, long-time public employees who are raising a special needs child adopted from foster care. The couple depends on the government protections that come from respect for their marriage, and today’s decision validated the lower court ruling that marriages such as theirs are lawfully respected in New York state.
Today’s decision is consistent with other marriage recognition victories in New York courts, as well as Governor Paterson’s May 2008 directive instructing all state agencies to respect out-of-state marriages of same-sex couples. In September 2008, the New York Supreme Court (Bronx trial court) dismissed a lawsuit against Governor Paterson challenging this directive and again granted Lambda Legal’s motion to intervene in the case on behalf of Rainbow and Sloan.
In February 2008, in Martinez v. County of Monroe, the Appellate Division, Fourth Department in Rochester, also upheld application of the marriage recognition rule to valid out-of-state marriages of same-sex couples. The decision, issued in response to a challenge brought by the NYCLU on behalf of a lesbian couple, is consistent with longstanding marriage recognition in New York.
In early 2009, Lambda Legal applauded a similar decision from the New York Appellate Division, Second Department affirming dismissal of a case brought by the ADF. The court confirmed that Westchester County Executive Spano lawfully recognized out-of-state marriages of same-sex couples, ruling as well in favor of Westchester County couple Michael Sabatino and Robert Voorheis, who had married in Canada and were permitted to intervene as defendants in the case with Lambda Legal as counsel.
Susan Sommer, Senior Counsel, is handling the case for Lambda Legal. She is joined by co-counsel
Kramer Levin Naftails & Frankel LLP.
The case is Lewis v. New York State Department of Civil Service, et al.
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Original source : http://gay_blog.blogspot.com/2009/01/recognition-o…
