September 28, 2010
By Pat McCaughan

The Episcopal Diocese of Fort Worth has asked a federal judge to stop former bishop Jack Iker from using the diocesan seal and name, according to a statement released by the diocese.

Attorneys for the diocese filed a complaint Sept. 21 in U.S. District Court in Fort Worth seeking damages and an injunction to prevent Iker from using the name "Episcopal Diocese of Fort Worth" as well as the diocesan seal, both continually in use by the diocese since 1983, according to the statement.

Iker's unauthorized use of the diocesan seal and name is "likely to cause confusion among the public seeking to participate in, benefit from, or support plaintiff's religious services and works," according to the complaint.

"The Diocese has registered its name and seal with the U.S. Patent and Trademark Office," according to the statement.

A copy of the complaint may be found online at http://www.episcopaldiocesefortworth.org/holystewardshipfiles/misc%20pdfs/Complaint%20092110.pdf.

In 2008 Iker, citing theological differences over same-gender unions and the ordination of women, attempted to lead the 19,000-member diocese out of the Episcopal Church. The group realigned itself with the Anglican Province of the Southern Cone but attempted to retain property and assets and continued to call itself the Episcopal Diocese of Fort Worth.

A response to the federal lawsuit posted on the Iker group website said that the trademark lawsuit shows that the continuing diocese "does not accept the judgment of the Texas State Court of Appeals, which ruled on June 25 that the minority group cannot represent itself as the Diocese and Corporation."

"The appellate court found that there is one Diocese and one Corporation and rejected the plaintiffs' attempt to represent themselves as such. By filing in federal court, the minority is trying to make an ‘end run' around the litigation already under way, at their instigation, in state court."

But Kathleen Wells, chancellor for the continuing diocese, said, "We are not attempting an ‘end run' around the appellate court opinion, which expressly did not address the merits of which faction leads the continuing diocese."

The continuing Episcopal diocese held a special organizing convention in February 2009, which included representatives of more than 30 congregations who elected then-Diocese of Kentucky Bishop Edwin F. Gulick Jr. as its provisional bishop and approved an estimated $600,000 budget to continue operations. Gulick has since retired; retired Diocese of Northwest Texas Bishop Charles Wallis Ohl Jr. was elected provisional bishop in November 2009.

The continuing Episcopal diocese's lawsuit contends that Iker has been "continuously providing, advertising and marketing its religious services" despite breaking away. In addition to seeking an injunction against Iker, the lawsuit, assigned to U.S. District Judge Terry Means, also asks for court costs and damages.

A hearing date has not been set, according to spokesperson Katie Sherrod.

The Episcopal Diocese of Fort Worth formed in 1983 after the decision was made to divide the existing Diocese of Dallas into two dioceses. It encompasses 24 north-central Texas counties.

Episcopal News Service
The Rev. Pat McCaughan is a national correspondent for the Episcopal News Service. She is based in Los Angeles.