Dear Brothers and Sisters in Christ,

On the Feast of the Epiphany we received a great gift from the wise men and women of the Texas Supreme Court. They will hear our Direct Appeal in the litigation brought against us by The Episcopal Church! This is good news for several reasons.

First and foremost, it will save us lots of time and money. By not having to go first to the Court of Appeals in Tarrant County, it will save us as much as a full year or more in the legal process and a substantial amount of legal fees.

Second, it gives us encouragement about the eventual outcome the Supreme Court’s decision. While it is never wise to try to predict what a court will do, it is a very good sign that they are taking our case at this time. It is rare for a Direct Appeal to be filed in the first place, and it is even rarer for the Supreme Court to grant one! It is clear that the Court understands that key questions of the constitutionality of Texas statutes, trust codes, and property laws are at issue in this litigation. It is our hope and expectation that the Supreme Court, using neutral principles of law, will rule in our favor.

Third, the other side did everything they could to prevent this from happening. They vigorously opposed a Direct Appeal, yet now they “welcome the chance to reach an expedited resolution of this matter.”

In terms of next steps, we are required to file a brief with the Supreme Court by February 6, with the other side having until February 27 to file their reply. Then our attorneys will have until March 13 to make our response. The Court will then set a date for oral arguments in Austin, perhaps as early as late April, with a final decision not expected until months later.

The Episcopal Church has sued departing parishes and dioceses all across the nation, and the local TEC folks are fond of quoting the favorable decisions reached in other state courts, while ignoring the fact that many of those cases in other states were decided under laws that do not apply in Texas. Our suit is a matter of Texas law, not laws as found in other states. While we pray for our Christian brothers and sisters who are being penalized for their faith, let’s not become distracted by rhetorical tactics that simply change the subject and prove nothing.

As a matter of fact, the outcome of our case either will uphold or rewrite Texas law. If allowed to stand, the ruling in Judge Chupp’s court would permit (1) unaffiliated parties to remove directors of a non-profit corporation, contrary to the Texas Non-Profit Corporation Act; (2) an outsider such as TEC to file an action against a corporation with whom it has no affiliation and alleging that the corporation has acted contrary to its governing documents and has wrongly amended it articles of incorporation based on an ecclesiastical decision made by TEC; and (3) a non-property owner to amend a trust contrary to the Texas Trust Code, which states (a) only the owner of property may impose a trust on the owner's property and (b) that a trust is revocable unless it states otherwise.

Let us continue to undergird all of this with lots of prayer. In addition to praying for our legal team, let us pray for wisdom and right judgment for the honorable justices of the Texas Supreme Court.

Donations are still needed for our Legal Defense Fund, and your contribution at this time will help pay for the costs of our Direct Appeal to the Supreme Court.

Faithfully in Christ,

The Rt. Rev. Jack Leo Iker
Bishop of Fort Worth

From the Bishop’s previous posts:

Download both parts of Bishop Iker's reflection on our Anglican identity as a printable booklet (PDF).