The Protestant Episcopal Church in the Diocese of South Carolina the Trustees of the Protestant Episcopal Church In…

Summary

The South Carolina Supreme Court reversed the circuit court, holding that the Episcopal Church is a hierarchical organization and that its Dennis Canon and the diocese’s analogous canon create enforceable trusts, so the property belongs to the national church and the associated diocese; the court also reversed the injunction on service marks because federal trademark rights prevail. The decision overrules All Saints to the extent it held the Dennis Canon ineffective and emphasizes deference to ecclesiastical authority under the First Amendment. Justice Toal, Chief Justice Beatty, Justice Hearn, and Justice Kittredge filed separate opinions contesting the majority.