Another Deferral and a Stay
The Council of Bishops apparently got a request for a declaratory decision in to the Council after the docket for this session had been posted. Docket No. 1019-19 which is mentioned in this memorandum is not listed in the docket. There is a chance a minor mistake was made and the intended docket item was 1019-4 (and 1019-3) and resulted in several rulings: JCD 1385, 1386, and 1390. The Bishops had a lot of questions about the Traditionalists’ Plan (TP), as did everyone else!
So when a question of law was raised at the New England Annual Conference about the legality of a resolution regarding the new legislation on separation of churches from the denomination, the bishop made a ruling. The Council stayed his decision.
“Stay” is another new term introduced by this Council. Every lawyer in the world knows what it means but there are so many possible subtleties that non-layers will be confused. The other decision where “stay” came into church law was JCD 1361. Just what is stayed during an appeal to the jurisdictional committee on appeals under ¶ 2718.3-.4?
I wish the Council has just said, “The ruling doesn’t go into effect now and may not be needed if the Council rules in favor of the Bishops.”
As I sorted through the various docket items relevant to the bishop’s situation, it appears a decision about whether his conference could add to the requirements laid out in the GC2019 separation of local church legislation is held up for now. It does not appear any particular church was affected at this time so the stay does not cause any difficulties for anyone so far.