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'Extinct' Episcopal Parish Refuses to Hand Over Keys to Property

by Jim Brown
November 28, 2005

(AgapePress) - - An Episcopal congregation in Rochester, New York, is determined to hold on to its property -- despite being declared "extinct" by its diocese.

Bishop Jack McKelvy with the Episcopal Diocese of Rochester recently declared All Saints Episcopal Church "extinct" because of its opposition to the denomination's homosexual rights agenda. But the attorney for the parish says it is "alive in Christ" -- and anything but extinct.

While Bishop McKelvy wishes to take over the parish's property, the parish claims the diocese has no legal right to do so. Attorney Raymond Dague, who will represent All Saints should the congregation be sued by the diocese, says McKelvey came down on the parish like a "SWAT team."

"When the bishop came asking for the keys, we sent him packing with nothing but a handshake," the attorney explains. "We were very polite. He brought his chancellor, meaning his head lawyer, with him, and we shook hands, we exchanged business cards.

"He asked for the keys to the church," Dague continues. "He wanted possession of it, he wanted to install his pastor there. And we politely told him, 'No, you're not going to do that.'"

Dague says the standard under New York law does not allow the parish to be declared "extinct," so he does not believe the diocese can seize the parish's property through civil recourse. And while the dispute may eventually be hashed out in court, the attorney says he hopes that never happens.

"We're not going to sue the bishop," Dague says. "Will he sue us? Generally Christians are not supposed to be suing one another. I would hope that he would abide by that scriptural admonition -- but I am a little bit concerned because there was a very thinly veiled threat that a lawsuit may be coming. It's not coming from us."

The Episcopal bishop of Connecticut recently seized the property of an orthodox parish in Bristol. That parish, along with five other like-minded congregations, has since sued the diocese.


Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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