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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Court: Fla. must recognize states’ gay adoptions
Florida must recognize gay couples’ adoptions that were granted in other states even though its laws bar granting such adoptions, a state appeals court ruled Wednesday.
A trial court erred when it wouldn’t recognize a former lesbian couple’s adoptions that had been completed when the women lived in Washington state, the 2nd District Court of Appeal ruled unanimously. Florida is the only state that prohibits all gays from adopting, but the judges said the U.S. Constitution requires it to give “full faith and credit” to the actions of other states.
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Verdicts upheld in murder of transgender teen
NEWARK — A state appeals court upheld the murder convictions of two East Bay men today for their roles in battering and strangling a transgender teenager after learning she was biologically male.
The killing of 17-year-old Gwen Araujo of Newark in 2002 drew national attention to incidents of violence against transgender people, which often include defense claims that the victim provoked the attack by having sex under false pretenses.
In this case, lawyers for both defendants argued that the slaying was manslaughter at most, because their clients had acted in the heat of passion when they learned the person with whom they had had oral and anal sex was born male. But the First District Court of Appeal in San Francisco ruled 3-0 that the Alameda County trial judge had defined the crimes properly to the jury, and that the panel had substantial evidence for second-degree murder convictions.
Mark Greenberg, a lawyer for defendant Michael Magidson, said he would appeal to the state Supreme Court.
See Verdicts upheld in murder of transgender teen
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Gay adoption before Fla. Legislature, courts
The state Legislature is faced with a bill aimed at overturning the state’s 1977 ban on gay adoption, and Florida’s Third District Court of Appeals must resolve a lawsuit over the issue stemming from Gill’s case. The case is likely to move on to the Florida Supreme Court.
The court case will likely resolve questions posed by gay rights advocates before the bill does.
The legislation is expected to die without coming to a vote before the Legislature adjourns next week.
“This year the bill is not going to be going anywhere to be honest with you,” said the sponsor, Sen. Nan Rich, D-Sunrise. “The best chance to get a change in this state … will be with Gill.”
The high court will hold preliminary hearings soon on Miami-Dade Circuit Judge Cindy Lederman’s ruling that allowed Gill to adopt the boys in November. Her ruling said the ban violates equal protection rights for the children and their prospective gay parents.
See Gay adoption before Fla. Legislature, courts
MiamiHerald.com
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Court lets private schools expel lesbians
The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn’t covered by California civil rights law and could expel students it believed were lesbians.
Over Justice Kathryn Mickle Werdegar’s dissent, the court denied review of an appeal by parents of two girls who were expelled from a high school in Riverside County. A lawyer for the parents said the ruling, which is binding on trial courts statewide, would allow private schools to discriminate against students on any basis they chose, including sex and religion.
The girls were juniors at California Lutheran High School in the town of Wildomar when the principal, Gregory Bork, called them to his office in September 2005 and questioned them separately about their sexual orientation, after another student reported postings on their MySpace pages.
Bork suspended the girls based on their answers, and the school’s directors expelled them a month later. The girls, who later graduated from another high school, have not been identified and have not discussed their sexual orientation, said their parents’ attorney, Kirk Hanson.
The parents sued under the Unruh Act, a 1959 state law that forbids discrimination by businesses. It was amended in 2005 to include bias based on sexual orientation and someone else’s perception of sexual orientation. State education law also prohibits anti-gay bias, but that applies only to public schools.
In January, the Fourth District Court of Appeal in San Bernardino said the school is not a business but instead a social organization entitled to follow its principles.
Although California courts have defined such organizations as a Boys Club and the Rotary Club as businesses covered by the Unruh Act, the appeals court cited a 1998 state Supreme Court ruling that allowed the Boy Scouts to exclude gays and atheists. Like the Boy Scouts, the appellate panel said, a private religious school exists mainly to instill its values in young people.
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Transgender woman wins birth certificate ruling
A 67-year-old Los Angeles native, now living in Kansas, won a state appeals court ruling in San Francisco on Friday that makes it easier for California-born transgender people to change their birth certificate, a document that can be critical in a security-conscious age.
Gigi Marie Somers was born male but has lived most of her life as a woman, and underwent sex-change surgery in 2005. She got a driver’s license with her new name and gender and sought a new birth certificate, but learned that Kansas was one of the few states that will not change a resident’s sex designation on a birth certificate.
Somers then turned to a California court, only to discover that a 1977 state law requires an application for a sex change on a new birth certificate to be filed in the county where the applicant now lives.
But Friday, the First District Court of Appeal said the law violates the rights of someone like Somers to be treated the same as a transgender person who still lives in California.
Any law that penalizes someone for moving to another state restricts the constitutional right to travel and can be justified only if it meets an urgent government need, which doesn’t exist in this case, Justice James Marchiano said in the 3-0 ruling.
For anyone in a similar situation, the case is important because of “the emphasis placed on identity documents in our post-9/11 world,” said attorney Matt Wood of the Transgender Law Center in San Francisco, which represented Somers.
He said the federal government and employers are increasingly requiring birth certificates or passports to establish the identity of applicants for various programs and jobs.
Legislation that would have the same effect as the court ruling, AB1185 by Assemblyman Ted Lieu, D-Torrance (Los Angeles County), was introduced in February but hasn’t passed yet, Wood said.
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Court: Christian school can expel lesbian students
(Riverside, California) A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.
The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School’s right as a private, religious organization to exclude students based on sexual orientation.
Tags: California Appeals Court, California Lutheran High School, Court Of Appeal, District Court Of Appeal, Lesbian Relationship, Lesbian Students, Lutheran High School, Religious Organization, Riverside California, Sexual Orientation, Two Girls
