In a significant legal development, a federal judge has issued a partial temporary restraining order in favor of a chaplains group seeking to disassociate itself from the Anglican Church in North America (ACNA). This action forms part of a broader dispute over the attempted separation and associated trademark issues.
The legal action was initiated by the Jurisdiction of the Armed Forces and Chaplaincy (JAFC), which filed a complaint against ACNA, challenging the denomination’s refusal to acknowledge its disaffiliation. Last week, United States District Judge Bruce Hendricks from the District of South Carolina, Charleston Division, ruled on the issue, granting JAFC a temporary restraining order on specific matters.
Judge Hendricks clarified that the court is not eager to involve itself in church governance disputes but found some aspects, particularly those related to trademark claims, appropriate for judicial review. The judge stated, “After hearing arguments from the parties, counsel for Defendant effectively conceded that Defendant would refrain from using Plaintiff’s service mark ‘Jurisdiction of the Armed Forces and Chaplaincy,’ Plaintiff’s trademark, ‘Anglican Chaplains,’ and Plaintiff’s trademarked logo.” Hendricks further noted that JAFC had sufficiently established its case to secure a preliminary injunction concerning these trademarks.
However, the court was not convinced by JAFC’s claims of slander against Bishop Derek Jones, with Hendricks noting, “very little about this case is clear.” He emphasized the presence of substantial factual disputes within the evidence, making it inappropriate for the court to resolve them based on the current record. Instead, Hendricks highlighted existing legal measures against slander.
The conflict escalated in September when JAFC Chairman David van Esselstyn sent a letter to ACNA Archbishop Steven Wood, announcing their decision to sever ties with the denomination. JAFC alleges that the rift was fueled by Archbishop Wood’s alleged mistreatment of Bishop Derek Jones, accusing Wood of orchestrating “a targeted attack” due to Jones’ criticism of the Archbishop’s office.
In response, Archbishop Wood issued a statement explaining that the situation originated from credible complaints against Bishop Jones, which involved alleged abuse of ecclesiastical power. Wood clarified that these complaints were unrelated to physical or sexual misconduct or doctrinal issues, yet they were considered a breach of trust vital for ministry effectiveness.
The disagreement extends to the level of Jones’ cooperation with the investigation and whether his withdrawal was justified under church law. Despite JAFC’s assertion of its withdrawal from ACNA, the denomination has resisted acknowledging this, appointing new leadership for the ministry body in place of JAFC.
Last month, JAFC filed a complaint against ACNA, alleging an attempted “corporate takeover” following the attempted suspension of its corporate president. The complaint accuses ACNA of misusing JAFC’s registered marks and spreading misleading reports, which allegedly led many chaplains and affiliated groups to sever their connections with JAFC.
This article was originally written by www.christianpost.com
