Dennis the Menace?: An Analysis of Whether the Episcopal Church’s Dennis Canon Entitles the Church to an Exemption from Neutral Trust Law

Robert W. Humphrey II

Abstract

In 1979, the Episcopal Church amended its canons to include a provision whereby all dioceses and local churches agreed to hold their property in trust for the national church. The Dennis Canon, as it is known, was a response to a schism within the church and an attempt by the church to preserve real property owned by local churches. Many courts construing the effect of the Dennis Canon have found it applies even when common law trust principles would provide otherwise. However, the Supreme Court of South Carolina recently refused to give effect to it, stating it has “no legal effect.” This paper discusses whether United States Supreme Court's jurisprudence, specifically a hybrid rights analysis under Employment Division v. Smith, requires courts to give effect to the Dennis Canon and grant the Episcopal Church an exemption from neutral trust laws when necessary.