I’m tempted to skip this issue, but gurney shouldn’t have to do all the shoveling. The question is what has been, legally and historically, the relationship between the parish and the entity known as the Episcopal Church. And Gurney is right. It has not been one of a hierarchy. The Episcopal Church, as I once said, in my second post on line anywhere, is organized up to the diocese level. Above that the situation has changed. What gurney said about the office of presiding bishop is correct. But what was once a unimportant office, handling corporate matters, has morphed itself into something different.
Episcopal parishes are usually organized as legal entities, membership being as defined in by-laws, governance by vestry. This entity usually holds the legal title to the parish property, and can do such things as a legal owner may: sell, mortgage, tear down, rebuild, establish a trust to hold title. And they have the obligations of a legal owner: mortgage, insurance, liabilities, taxes on salaries, etc. Governance being IAW parish by-laws, by vestry or by parish vote, decisions being made on things that are not mandatory (shall we mortgage the building, to add an addition? Shall we put the title into a trust?).
The point of contention relates to how a trust might be established, with respect to property the title to which the parish holds. Certainly, as is the law in every state, the entity that holds title can establish a trust and declare the provisions of the trust, with respect to the title. No one else can.
But there suddenly appeared in the canons of the Episcopal Church, a few years ago, a canon that said that the various parishes held their property (paid for by, being paid for by, titled in the name of, the parish entity) in trust for the artificial entity, the Episcopal Church. Not many folks noticed at the time that an agency that did not, in any sense, own the property, had just claimed the right to direct how it would be disposed; i. e. a trust was said to exist, where no legal steps necessary to legally establish a trust had taken place. If you try to set up trust in your state I think you will find that somewhere in the process, a signature is going to be needed, from the legal title owner.
How did the Episcopal Church get around that? By claiming that the Episcopal Church was a strictly hierarchical entity, and the canons governed all members, absolutely, by virtue of the parish being a member of the TEC, at that time. Hence if the canons suddenly said to the parishes that all your base are belong to us (as a saying goes), then so it was. Courts have responded well to this idea, for reasons not always clear or logical. The Supreme Court of SC being an exception, for some particular reasons related to that case.
If you have great faith in the courts to necessarily discern and administer justice, be glad you did not live in the south in the days of Jim Crow laws.
GKC