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Church wrestles with implications of attempts to appropriate


From ENS.parti@ecunet.org (ENS)
Date 29 Jan 1998 12:34:19

church name pecusa
January 15, 1998
Episcopal News Service
Jim Solheim, Director
212-922-5385
ens@ecunet.org

98-2065
Church wrestles with implications of attempts to appropriate church's
name by conservatives

by Michael Barwell
     (ENS) The creation of a new organization for "orthodox
Episcopalians" who say they are dedicated to "upholding and propagating
the historic faith" has added a new facet to the continuing struggle
between conservatives and liberals in the Episcopal Church.
     A self-described "loose affiliation" of bishops, clergy and lay
people known as Protestant Episcopal Church in the United States of
America, Incorporated (PECUSA, Inc.) in mid-December began
soliciting funds and membership in the Diocese of Eau Claire,
Wisconsin.
     When now-retired Presiding Bishop Edmond Browning became
aware of the group, he challenged their actions and warned bishops of
the church that PECUSA, Inc.'s efforts were "an unauthorized and
misleading effort" which "violates the church's right and need to protect
its name from misleading and unfair use."
     A series of letters, conversations, accusations, counter-charges,
and press statements were exchanged during the holidays as Browning
ended his 12-year tenure and prepared to turn over authority to Bishop
Frank Tracy Griswold of Chicago, who became the 25th presiding bishop
on January 1.
      The controversy, which cast a shadow over Browning's
departure, continued into the new year with some glimmers of
reconciliation.

Open door, pastoral approach
     Griswold, in his first press conference as presiding bishop the day
before his investiture on January 10, reaffirmed that he will be a bishop
whose "heart must be open" and that "a bishop's door must be open to
everyone, absolutely everyone."
     "My sense is that I'm ready for conversation," Griswold said.
"All one can do is to open the door and say, `Please come in, sit down
and let's talk.' I certainly intend to do that.
     "I think on the other hand . . .they can choose not to come in and
talk, there's no way you can compel them to do so," Griswold said. "The
door is open and I do hope some of those who feel alienated and
devalued in the life of the church will find a way to sit down and
possibly together we can find a new way to live in communion with one
another.'
     Among the first to ask for that opportunity is Bishop William
Wantland of Eau Claire (Wisconsin), founder of PECUSA, Inc. Griswold
said he would honor Wantland's request for a meeting. "I look forward
to that conversation. That's obviously where I will begin."
     Wantland, who did not attend the investiture in Washington, said
in a telephone interview that he, too, was willing to meet. "Frank does
like to listen, and he likes to come to resolution on issues," Wantland
said. "I would hope we can work together to avoid further damaging the
church."

Founded in 1996
     According to documents filed with the State of Wisconsin,
Wantland chartered PECUSA, Inc. in August 1996. Joining Wantland as
co-founders were Canon Lawrence Rowe of All Saints Church, Altoona,
Wisconsin, and Eunice Muenzberg of Eau Claire. Incorporating
documents listed Wantland as president, Bishop John Howe of Central
Florida as vice president, and Bishop John-David Schofield of San
Joaquin (California) as a director.
     Both Howe and Schofield have since resigned from the
organization.
     In a letter to his clergy announcing his resignation from
PECUSA, Inc., Howe wrote that he had been approached by Wantland
"about a year and a half ago" suggesting "there might be a way of
creating a structure within the church that would preserve its faithfulness
to the scriptures, the Book of Common Prayer, and the faith we have
received. It would not be a matter of creating a new organization, but
simply be incorporating who we are . . ."
     "Bishop Wantland's thought was that if at some point the General
Convention should take actions that were truly unacceptable, actions that
represented a departure from `the faith once entrusted to the saints,' there
would be a kind of safety zone within the church where orthodox
believers could remain. . . . I agreed to be a part of that effort and to put
my name on the board of trustees."
     Saying "it was never our intention" to create confusion or engage
in misleading and unfair use, Howe wrote, "I initially thought this was a
prudent, protective step to take, but now I fear it will be the occasion for
a contentious struggle."
     Other church leaders also distanced themselves. Bishop James
Stanton of Dallas--whose name appeared on at least one of the documents
registering PECUSA, Inc. in 45 states--said in a statement in early
January, "I was not in any way involved in organizing or registering
PECUSA, Inc. When Bishop Wantland informed me that I had been
elected (in my absence) as vice president, I informed him that I would
not be part of that effort. It was not a project I was interested in or
wanted to be a part of. I was assured that my name would be removed
and that another election would be held for vice president. That, for me,
was the end of the matter." 

Legal issues considered
     Members of the church's Executive Council attending Griswold's
investiture were briefed about PECUSA, Inc. by Washington attorney
David Beers, who served as Browning's chancellor and will continue to
serve Griswold.
      Beers told council members that "there is nothing unusual or
untoward about the church's legal structure" because of PECUSA, Inc.'s
incorporation and that the Episcopal Church's "rights are fully protected
by law."
     Beers also said that "there is nothing Wantland has done that
threatens the church's structure or rights." Noting that "they cannot be
forced to stop using our name," he added that PECUSA Inc.'s formation
"does not have considerable legal significance."
     The Episcopal Church was founded in 1789 with a "Constitution
of the Protestant Episcopal Church in the United States of America." The
name was never incorporated. In 1846, however, the Domestic and
Foreign Missionary Society (DFMS) of the Protestant Episcopal Church
in the United States of America was incorporated in New York State.
Originally a fund-raising organization for missionary activity, the DFMS
evolved into the corporate structure of the Episcopal Church. Members
of Executive Council serve as the board of directors and the presiding
bishop is president.
     Since 1837, efforts have been made to remove the word
"Protestant" from the name of the church--mostly at the request of
Anglo-Catholics. In 1964, General Convention added a preamble to the
Constitution, which states the name of the church is "The Protestant
Episcopal Church in the United States of America, otherwise known as
The Episcopal Church (which name is hereby recognized as also
designating the Church)."

Some changes made
     PECUSA, Inc. seems to have backed away from claims in its
original Wisconsin charter that its purpose was to "engage in religious,
educational and charitable activities and particularly the executive,
administrative and financial administration of the Protestant Episcopal
Church in the United Sates of America, otherwise known as The
Episcopal Church. It shall have charge of the Church pension fund and
the church's program . . ."
     In a statement in mid-December, Wantland noted that Browning
had requested, and the trustees had agreed, to remove that language from
the charter which Wantland admitted was "not appropriate to what we
were about."
     "The trustees were fully willing to amend the Articles of
Incorporation to make it crystal clear that we were not laying any claim
to the programs or funds" of the national church structure, Wantland
wrote. He explained in a recent telephone interview that the words had
been lifted "word for word" from Eau Claire's diocesan charter. He also
noted that a letter had been sent to Alan Blanchard, president of the
Church Pension Fund, disavowing any claims to clergy or lay pensions.  
     Wantland also claimed in his statement that "the National Church
had begun to remove from the Church Constitution all references to the
old title . . . As the old name was abandoned, so the old Faith was
abandoned." 
     Beers explained that "common law doctrine" protects the name
and assets of the Episcopal Church from "having somebody
misappropriate our name or to mislead" in fund-raising efforts.
     He added that a variety of options were being considered in
response to PECUSA, Inc. No legal actions have been filed.
     Beers noted that in the event of a schism---or formal split in the
church--it would be "unlikely they could take existing property." But
"there is no threat to our legal position at this time," Beers said. "We
have time. If, ultimately, legal actions are needed" they will be taken.
     But Beers suggested that a pastoral approach would be among the
first choices.

Praying for unity in Kansas
     Bishop William Smalley of Kansas responded to what he called
"recent threats to unity" by calling his diocese to join him in prayer. 
     Considered by some to be a conservative bishop, Smalley has
invited all of the parishes in his diocese to join in a covenant to "work
and witness for the mission and unity of the Episcopal Church."
     Smalley said the church "is called to be people of light, to
brighten every corner of God's world by our lives and witness." But he
said that "light is being darkened by divisions within the Episcopal
Church, and that energies that should go for mission are being diverted
inwardly to maintain our corporate life."
     Citing PECUSA, Inc's actions, Smalley said he decided to draw
the diocese into a plan for unity. He also criticized groups attempting to
operate outside of canonical boundaries of the church and dioceses which
have withheld funds from national church operations in protest.
     Smalley, who is a member of the presiding bishop's Council of
Advice has asked all parishes to join in a four-point covenant by praying
and pledging not to "join or give support or encouragement to any group
that advocates division and disunity in the Episcopal Church."
     "The Diocese of Kansas has been a faithful partner with the
Episcopal Church," Smalley wrote in the diocesan newspaper Plenteous
Harvest. "We have always abided by the canons of the church and the
resolutions of General Convention. We have unfailingly fulfilled our
financial obligations to the ministry of the Episcopal Church. We have
provided leadership to the Episcopal Church through many of our
members who served in national roles. We also have been a diocese
relatively free from the divisions that have marked the Episcopal Church
in other places."

--Michael Barwell is deputy director of news and information for the
Episcopal Church. Melody Woerman of the Diocese of Kansas
contributed to this report.


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