A federal judge has ruled that the Rt. Rev. Andrew D. Smith, Bishop of Connecticut, acted under canon law in July 2005 when he removed the rector of St. John’s Church, Bristol, for “abandonment of communion” and threatened the other five rectors among the so-called “Connecticut Six” clergy with inhibition.

In her ruling, U.S. District Judge Janet B. Arterton concluded Aug. 21 that the plaintiffs lacked an essential element justifying a federal suit. Several other claims under Connecticut tort law also were dismissed by Judge Arterton.

The Connecticut standing committee recommended inhibition of the clergy of the six congregations in April 2005. But Bishop Smith only acted to remove the Rev. Mark H. Hansen, rector of St. John’s, on the grounds that he had “abandoned the communion” of The Episcopal Church.

The lawsuit accused Bishop Smith and others, including Presiding Bishop Frank Griswold, of depriving the members of those congregations of their rights under the First, Fifth and 14th amendments. It was filed last September by clergy and lay people belonging to St. John’s and Trinity, Bristol; St. Paul’s, Darien; Christ and Epiphany, East Haven; Bishop Seabury, Groton; and Christ Church, Watertown.

After a new vestry loyal to Bishop Smith was elected last October, St. John’s withdrew from the suit.

Bishop Smith, who was out of state when the ruling was made, issued a public statement Aug. 22 through the diocesan office of communication. Bishop Smith said he was gratified that the court declined to intervene in a matter of church life and governance, and said it was his hope that those members of the diocese who appealed to the courts will “recognize the significance of this ruling and seek to live in communion with their bishop and this Church.”

Members from the six congregations also filed a formal complaint against Bishop Smith that is still pending in the Title IV [Disciplinary] Review Panel, although the plaintiffs face long odds that an ecclesiastical court of The Episcopal Church will rule contrary to the federal court on a matter of canon law.

Previously an appeal was made to the Panel of Reference, which was established by the Archbishop of Canterbury in response to a request of the primates February 2005 meeting in Northern Ireland. The Archbishop of Canterbury withdrew the reference to the panel in May 2006 until the civil case was resolved, citing the decision of the panel not to consider references where civil cases are in process. A spokesperson for the Connecticut Six clergy was not available at press time.

Episcopal News Service contributed to this report.

To find more news, feature articles, and commentary about the Episcopal Church and the Anglican Communion not available online, we invite you to subscribe to The Living Church magazine. To learn more, click here.