Wednesday, February 10, 2016

Stephen Strawn And Letters Dimissory

Accoding to Merriam-Webster. a letter dimissory is "a letter given by a bishop dismissing a clergyman to another diocese and recommending him for reception there". It is pronounced DI-mis-so-ry (or possibly in the UK and Australia, DIM-sreh). The question of Fr Kelley's letter dimissory is related to, but separate from, the question of the St Mary of the Angels parish affiliation.

Fr Kelley's Letter Dimissory as an Anglican priest originated in Canterbury, England, in 1974, at the time of his ordination under the hands of Archbishop A. Michael Ramsey. It was well before the Anglican Church in America (ACA) had even come into existence. Thereafter, his Letter was transferred to appropriate bishops in the US, when Fr Kelley returned to this country to serve in successive Episcopal Church jurisdictions. It was transferred to the ACA's Diocese of the West (DoW), in Spring 2007 when Fr Kelley became rector of St Mary of the Angels.

It was duly transferred in 2010 by Daren K. Williams, then Bishop of the DoW, to the Patrimony of the Primate (PoP, based in Australia), when St Mary's began the process of leaving the DoW. By early 2011, Fr Kelley's Letter was held by Bishop David Moyer. bishop of the Patrimony. In late 2011, Williams abdicated. It is currently held by Abp Hepworth as the Patrimony of the Primate's bishop.

Stephen Strawn, the most junior ACA bishop in 2012, never possessed this required Letter, and thus never had jurisdiction or authority over Fr Kelley, who was under another bishop. However, on April 2, 2012, Strawn issued a "notice of inhibition" to Fr Kelley. It's worth pointing out that, during an attempt by Anthony Morello and others to seize the parish property on Strawn's behalf that day, Abp Falk explained to the Los Angeles police that Strawn had no authority to issue this letter.

The question of whether, or precisely when, the parish left the ACA for the Patrimony of the Primate is a legal issue that has been before the courts since 2012. The trial court found in October 2015 that the parish did in fact leave the ACA in August 2012. However, whether Bp Strawn had authority to inhibit or depose Fr Kelley is a separate canonical question, and this authority he clearly never had.

Thus Strawn's letter of inhibition was never valid, and beyond that, the ecclesiastical court that was held to depose Fr Kelley on October 11, 2012, never had authority to do this. As a result, the content of Strawn's allegations is not privileged, and is thus potentially libelous and defamatory.

Those who participated in this process, in the spirit of this Ash Wednesday, would seem to have something to repent. In particular, Fr Walter Crites of the APA, who participated in the proceeding to give it a veneer of objectivity, seems to have been derelict in not reviewing whether the "court" actually had jurisdiction over Fr Kelley.

On the other hand, Brian Marsh has said more recently that merger with the APA is "elusive". I suspect this sort of chicanery has been factored into the APA's review of the potential for merger.