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Judge extends deadline for Edwards to leave Accokeek parish
From
ENS@ecunet.org
Date
Fri, 9 Nov 2001 12:05:48 -0500 (EST)
2001-325
Judge extends deadline for Edwards to leave Accokeek parish
by Jan Nunley
jnunley@episcopalchurch.org
(ENS) At the request of Washington bishop pro tempore Jane Holmes
Dixon, a federal judge has given the Rev. Samuel L. Edwards a 22-day
extension of an order to vacate the rectory of Christ Church and St.
John's Parish in Accokeek, Maryland. Edwards and his family now have
until November 30 to comply with the order.
On November 7, U.S. District Judge Peter J. Messitte amended his
order of October 29, which directed Edwards to leave the rectory within
10 days, so that Edwards and the parish's vestry will have time for an
appeal to be heard in the 4th U.S. Circuit Court of Appeals in Richmond,
Virginia.
"All along, Bishop Dixon has been concerned about the family, "
said Canon Carter Echols, spokesperson for the Diocese of Washington.
"She in fact told him not to come to Accokeek in the first place, because
she wasn't going to approve his appointment."
"We could have packed our suitcases and got out, but this is a much
more reasonable amount of time," Edwards told the Associated Press.
The change in the ruling does not include the portion in which the
court ordered Edwards and the vestry to "take no actions, directly or
indirectly" to hinder Dixon "or her delegate" in officiating at services
and presiding at meetings of the vestry and parish, and prohibited Edwards
from officiating "on or near" the grounds of the church and from taking
any action in the capacity of rector of the parish.
Bishop's rights upheld
Messitte's ruling upheld Dixon's right not to confirm Edwards' hiring
as rector by the parish's vestry in December 2000. Edwards and the vestry
claim that Dixon had 30 days to accept or reject Edwards' call to the parish
and missed the deadline. Dixon maintains that the 30-day provision refers
only to the time period within which a bishop is required to communicate
with the vestry concerning a priest's call prior to election as rector,
as the canons state, but that there is no such time limit on a bishop's
approving the results of an election.
When Edwards and the vestry refused to recognize Dixon's canonical
authority, even blocking her entry to the parish and threatening her in
May with arrest on trespassing charges, Dixon filed suit seeking the
court's help in enforcing her decision.
In the suit, Dixon contended that Edwards' hiring violated the 1798
Maryland Vestry Act, requiring that the appointment of rectors be subject
to the canon law of the Episcopal Church. The suit also asserted that "all
parish property is held in trust for the Episcopal Church and the diocese,"
while the vestry claimed it holds the deed in direct ownership with an
unrestricted right to the property.
Dixon's initial concerns about Edwards stemmed from his writings as
executive director of the anti-women's ordination group
Forward in Faith/North America (FiF/NA), in which he refers to Episcopal
Church as ''hell-bound'' and the "UnChurch." She said she feared that if
Edwards were allowed to function as a rector in the Washington diocese,
he would attempt to lead a portion of the parish into schism and attempt
to take its property out of the Episcopal Church.
--The Rev. Jan Nunley is deputy director of the Episcopal News Service.
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