A CHURCH in Pittsburgh has fired the first volley in the much-feared legal battle over church property that could result from a schism in the worldwide Anglican Communion over the consecration of its first openly gay bishop.

The liberal Calvary Episcopal Church has filed a preemptive lawsuit to prevent conservative parishes in the Pittsburgh diocese from claiming church property if they split from the national Church after the scheduled consecration next Sunday of Canon V. Gene Robinson as Bishop of New Hampshire.

The Rev Harold Lewis, Calvary’s rector, who will meet the Archbishop of Canterbury, Dr Rowan Williams, in Lambeth Palace this week, said that the lawsuit took no position on homosexuality or Canon Robinson’s consecration, but was designed merely to preserve the integrity of the US Episcopal Church.

“I think it will be precedent-setting because there are seven or eight dioceses that are threatening to leave the Church. I think this will be a landmark case,” Mr Lewis said.

“A lot of people are going along with this move to leave. But it is one thing to say: ‘We have a new name on the door and it’s business as usual.’ It’s another thing to say: ‘We have a new name on the door and we’re meeting at the Holiday Inn.’ ”

Even so, he predicted that leaders of the conservative wing of the Church would press on with their threat to secede, even if prevented from taking church property with them.

“I think a lot of the leaders have too much invested in the movement to turn back for any reason,” he said.

The Pittsburgh diocese is home to a conservative Episcopal seminary and its bishop, Robert Duncan Jr, has been a leading voice among evangelicals threatening to spurn the gay bishop and establish their own rival network of parishes.

It was one of five dioceses in America that held special conventions to dissociate themselves from the Episcopal Church’s decision to endorse Canon Robinson’s appointment. At it, the Pittsburgh diocese passed a resolution calling for the release of church property to individual parishes, effectively allowing them to take their buildings and other assets if they break away.

The Calvary Episcopal Church, the second-largest in the diocese, has a well-heeled congregation of doctors and lawyers that has made it the flagship of liberal Episcopalians. Calvary’s claim makes use of a legal procedure, ad litem, which lets members of an unincorporated association, such as the diocese, insist that its members comply with its constitution and bylaws. Calvary is asking for injunctions to prevent any change in the ownership of church property.

The suit claims that Bishop Duncan and other officials have acted “in disregard of the . . . constitution and canons that granted them authority over such property and assets”. It accuses them of breach of a trusteeship and contract because they have “threatened improperly to transfer, and/or have transferred, property contrary to such interests”.

It cites the governing rules of the Episcopal Church, which say: “All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which such Parish, Mission or Congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the Parish, Mission or Congregation otherwise existing over such property so long as the particular Parish, Mission or Congregation remains a part of, and subject to, this Church and its Constitution and Canons.”

Bishop Duncan said: “I think the action is definitely premature, since what we’ve done is try to protect all the churches’ property.”

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