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    PUBLISHED
    

    UNITED STATES COURT OF APPEALS
    

    FOR THE FOURTH CIRCUIT
    

    ------------------------------------------------*

    JANE HOLMES DIXON,

    Plaintiff-Appellee,

    v.

    SAMUEL L. EDWARDS; THE VESTRY OF

    ST. JOHN'S PARISH,

    Defendants-Appellants.

    JACK LEO IKER, Right Reverend,

    Bishop of the Episcopal Diocese of

    Fort Worth; ROBERT DUNCAN, Right

    Reverend, Bishop of the Episcopal

    Diocese of Pittsburgh; PETER JAMES

    LEE, Right Reverend, Bishop of the

    Episcopal Diocese of Virginia; NEFF

    POWELL, Right Reverend, Bishop ofNo. 01-2337
    

    the Diocese of Southwestern

    Virginia; ROBERT W. IHLOFF, Right

    Reverend, Bishop of the Diocese of

    Maryland; JOHN RABB, Right

    Reverend, Suffragan Bishop of the

    Diocese of Maryland; CLIFTON

    DANIEL, 3RD, Right Reverend,

    Bishop of the Diocese of East

    Carolina; MICHAEL B. CURRY, Right

    Reverend, Bishop of the Diocese of

    North Carolina; J. GARY GLOSTER,

    Right Reverend, Suffragan Bishop

    of the Diocese of North Carolina;

    JAMES A. KELSEY, Right Reverend,

    Bishop of the Diocese of Northern

    Michigan; CAROLYN TANNER IRISH,

    ------------------------------------------------*

    ------------------------------------------------*

    Right Reverend, Bishop of the

    Diocese of Utah; ORRIS G. WALKER,

    JR., Right Reverend, Bishop of the

    Diocese of Long Island; CHARLES E.

    BENNISON, JR., Right Reverend,

    Bishop of the Diocese of

    Pennsylvania; WILLIAM E. SWING,

    Right Reverend, Bishop of the

    Diocese of California; J. JON BRUNO,

    Right Reverend, Bishop of the

    Diocese of Los Angeles; CHESTER L.

    TALTON, Right Reverend, Suffragan

    Bishop of the Diocese of Los

    Angeles; ROBERT M. ANDERSON,

    Right Reverend, Bishop Assistant of

    the Diocese of Los Angeles; ROBERT

    L. LADEHOFF, Right Reverend,

    Bishop of the Diocese of Oregon;

    WILLIAM OTIS GREGG, Right

    Reverend, Bishop of the Diocese of

    Eastern Oregon; VINCENT W.

    WARNER, Right Reverend, Bishop of

    the Diocese of Olympia; JAMES

    EDWARD WAGGONER, Right

    Reverend, Bishop of the Diocese of

    Spokane; HARRY B. BAINBRIDGE, III,

    Right Reverend, Bishop of the

    Diocese of Idaho; KATHARINE

    JEFFERTS SCHORI, Right Reverend,

    Bishop of the Diocese of Nevada;

    RICHARD S.O. CHANG, Right

    Reverend, Bishop of the Diocese of

    Hawaii; ALLEN L. BARTLETT, JR.,

    Right Reverend, Bishop of the

    Diocese of Pennsylvania (retired);

    ------------------------------------------------*

    2
    

    ------------------------------------------------*

    JAMES W. MONTGOMERY, Right

    Reverend, Bishop of the Diocese of

    Chicago (retired); THEODORE

    EASTMAN, Right Reverend, Bishop

    of the Diocese of Maryland

    (retired); RONALD H. HAINES, Right

    Reverend, Bishop of the Diocese of

    Washington (retired),

    Amici Curiae.

    ------------------------------------------------*

    Appeal from the United States District Court
    for the District of Maryland, at Greenbelt.
    Peter J. Messitte, District Judge.
    (CA-01-1838-PJM)
    

    Argued: January 24, 2002
    

    Decided: May 22, 2002
    

    Before MOTZ, KING, and GREGORY, Circuit Judges.
    

    ____________________________________________________________

    Affirmed and remanded by published opinion. Judge King wrote the

    opinion, in which Judge Motz and Judge Gregory joined.

    ____________________________________________________________

    COUNSEL
    

    ARGUED: Charles Hart Nalls, DEKIEFFER & HORGAN, Wash-

    ington, D.C., for Appellants. David Martin Schnorrenberg, CRO-

    WELL & MORING, L.L.P., Washington, D.C., for Appellee. ON

    BRIEF: Michael G. Van Arsdall, CROWELL & MORING, L.L.P.,

    Washington, D.C., for Appellee. Kenneth R. Matticks, Dallas, Texas,

    for Amici Curiae Iker and Duncan. Russell V. Palmore, Jr., George

    A. Somerville, TROUTMAN, SANDERS, MAYS & VALENTINE,

    L.L.P., Richmond, Virginia, for Amici Curiae Lee, et al.

    3
    

    OPINION
    

    KING, Circuit Judge:

    Plaintiff Jane Holmes Dixon is the Bishop Pro Tempore of the Dio-

    cese of Washington, one of approximately a hundred such entities

    constituting the Protestant Episcopal Church of the United States of

    America (the "Episcopal Church" or "the Church"). Defendant Sam-

    uel L. Edwards is an ordained Priest of the Church who claims entitle-

    ment to the office of Rector of St. John's Parish in Accokeek,

    Maryland, a parish within the Diocese of Washington ("St. John's" or

    "the Parish"). In June 2001, Bishop Dixon sued Father Edwards and

    the Vestry of St. John's (the "Vestry") in the District of Maryland,

    seeking, inter alia, a declaration that Father Edwards is not the Rector

    of St. John's. The court granted summary judgment to Bishop Dixon,

    and it awarded her both declaratory and injunctive relief. For the rea-

    sons explained below, we affirm the district court, but we remand on

    a limited aspect of the injunction.

    I.
    

    In December 2000, the Vestry selected Father Edwards to be its

    Rector. Bishop Dixon, however, as the Ecclesiastical Authority for St.

    John's, declined to license Father Edwards to officiate within the Dio-

    cese of Washington.1 Despite Bishop Dixon's refusal to approve his

    selection, Father Edwards moved from Texas to Maryland and began

    to act as Rector of St. John's. When Bishop Dixon visited the Parish

    and sought to officiate there on May 27, 2001, the Vestry and Father

    Edwards (collectively, the "Defendants") refused to permit her to

    enter the church building.2

    ____________________________________________________________

    1 An ecclesiastical authority is the responsible individual or body in a

    church institution. In a diocese of the Episcopal Church, such authority

    rests with the diocesan bishop. In the absence of a bishop, such authority

    falls to whomever the diocese designates as the substitute ecclesiastical

    authority. See Canon IV.15.

    2 St. John's Parish has two separate houses of worship: Christ Church,

    located in Accokeek, Maryland, and the Pomonkey Chapel, located

    nearby in Pomonkey, Maryland. The visitation of Bishop Dixon on May

    27, 2001, occurred at Christ Church, but Father Edwards claims rector-

    ship of the entire Parish.

    4
    

    Bishop Dixon promptly filed this civil action, asserting diversity

    jurisdiction pursuant to the provisions of 28 U.S.C. § 1332. By her

    complaint, she sought, inter alia, a declaration (1) of her rights as

    Bishop of the Diocese, (2) that the Vestry's use of Parish property

    was unlawful, and (3) that the purported contract between Father

    Edwards and the Vestry was null and void. The Bishop requested the

    court to enjoin the Defendants from interfering with the performance

    of her duties at St. John's. She also sought to enjoin Father Edwards

    from (1) officiating at religious services on or near the grounds of St.

    John's, (2) acting as Rector of the Parish, and (3) using or occupying

    the buildings or grounds of St. John's.

    On October 29, 2001, the district court filed its Opinion and related

    Order awarding summary judgment, along with corresponding declar-

    atory and injunctive relief, to Bishop Dixon. Dixon v. Edwards, 172

    F. Supp. 2d 702 (D. Md. 2001). The court thereafter, on November

    21, 2001, slightly modified the permanent injunction awarded by its

    earlier Opinion and Order. On appeal, the Defendants seek reversal

    of the district court on multiple grounds. After first reviewing the rel-

    evant structure of the Church and the factual underpinnings of this

    dispute, we will address each of their issues.

    II.
    

    A.
    

    In order to properly consider the issues in this appeal, we must first

    understand certain elementary aspects of the structure of the Church.

    As a predicate proposition, the Episcopal Church is a national church

    governed by its Constitution, its Canons, and its Book of Common

    Prayer. Constitution & Canons, Together with the Rules of Order, For

    the Government of the Protestant Episcopal Church in the United

    States of America Otherwise Known as The Episcopal Church,

    adopted in General Conventions 1789-2000, as revised by the 2000

    Convention (Church Publ'g Inc. 2000); The Book of Common Prayer

    and Administration of the Sacraments and Other Rites and Ceremo-

    nies of the Church, Together with the Psalter or Psalms of David,

    According to the Use of the Episcopal Church (Church Hymnal Corp.

    1979) (the "BCP"). The Constitution of the Church creates a bicam-

    eral government made up of a House of Bishops and a House of Dep-

    5
    

    uties, which together comprise the General Convention of the

    Episcopal Church. The General Convention elects the Church's Pre-

    siding Bishop.

    The Episcopal Church is geographically divided into approxi-

    mately a hundred dioceses. This controversy arose in the Diocese of

    Washington, which consists of the District of Columbia and the

    Maryland counties of Charles, St. Mary's, Prince George's, and

    Montgomery. Each diocese of the Church is presided over by a dioce-

    san bishop, and each diocese is empowered to adopt rules for the

    choice of its bishop. A diocese is also authorized to elect two suffra-

    gan, or assisting, bishops.3 When a bishop resigns or dies, the diocese

    may place a suffragan bishop in charge, as its interim ecclesiastical

    authority, until a new bishop is chosen and consecrated. From January

    2001 to the present, Bishop Dixon has served the Diocese of Wash-

    ington as such a "temporary bishop," denominated as its Bishop Pro

    Tempore.

    Within each diocese of the Church, various parishes are formed by

    smaller subdivisions of churches or congregations. A parish is gov-

    erned by its vestry, i.e., its elected lay leaders. The vestry is the agent

    and legal representative of the parish in all matters concerning parish

    property and in all matters concerning the relationship of the parish

    to its clergy. The vestry of each parish elects a priest to serve as its

    rector. A rector possesses authority over and responsibility for the

    conduct of worship services, and the rector has spiritual jurisdiction

    over the parish "subject to the Rubrics of the Book of Common

    Prayer, the Constitution and Canons of the Church, and the pastoral

    direction of the Bishop." Canon III.14.1. The rector, who is a member

    of the vestry, presides at its meetings.4

    When a parish has no rector, the bishop of the diocese serves as

    rector ex officio while the parish conducts a search for a priest to elect

    as its rector. The procedures for installing a rector are established by

    ____________________________________________________________

    3 The Canons of the Diocese of Washington provide for a single suffra-

    gan bishop.

    4 In the absence of a rector (and when the bishop is not present) a ves-

    try is presided over by the senior warden of the parish, who is a lay mem-

    ber elected by the parish members.

    6
    

    Canon III.17, and they include the requirement that a vestry commu-

    nicate its choice of rector to the bishop, who is granted "sufficient

    time, not exceeding thirty days . . . to communicate with the Vestry

    thereon." Moreover, the ecclesiastical authority is obligated to for-

    ward the notice of election to the General Convention when she is

    "satisfied that the person so chosen [as rector] is a duly qualified Priest."5

    With this basic understanding of the structure of the Episcopal

    Church, we turn to the relevant facts underlying the dispute in this

    case.

    B.
    

    On November 19, 1992, Bishop Dixon was elected and consecrated

    as the Suffragan Bishop of the Diocese of Washington. The then-

    incumbent Diocesan Bishop, the Right Reverend Ronald H. Haines,

    retired from office on December 31, 2000. On January 1, 2001,

    Bishop Dixon assumed the position of Bishop Pro Tempore and

    became the Ecclesiastical Authority of the Diocese. The Constitution

    of the Diocese provides that, in these circumstances, the Suffragan

    Bishop becomes the Ecclesiastical Authority, and Bishop Dixon

    thereby became Bishop Pro Tempore of the Diocese.

    St. John's is one of ninety-five parishes within the Diocese of

    Washington, and its rectorship became vacant sometime in 1998. On

    ____________________________________________________________

    5 Canon III.17, entitled "Of the Calling of a Rector," provides in perti-

    nent part as follows:

    Sec. 2. No election of a Rector shall be held until the name

    of the Priest whom it is proposed to elect has been made known

    to the Bishop, if there be one, and sufficient time, not exceeding

    thirty days, has been given to the Bishop to communicate with

    the Vestry thereon . . . .

    Sec. 3. Written notice of the election, signed by the War-

    dens, shall be sent to the Ecclesiastical Authority of the Diocese.

    If the Ecclesiastical Authority be satisfied that the person so cho-

    sen is a duly qualified Priest and that the Priest has accepted the

    office, the notice shall be sent to the Secretary of the Conven-

    tion, who shall record it.

    (emphasis added).

    7
    

    December 13, 2000, its Vestry selected Father Edwards, a canonical

    resident of the Diocese of Fort Worth, in the State of Texas, as Rector

    of the Parish.6 The Vestry advised Bishop Haines of its selection of

    Father Edwards by letter of its Senior Warden.

    Before Bishop Dixon assumed her position as the Ecclesiastical

    Authority of the Diocese of Washington on January 1, 2001, she

    advised the Senior Warden of St. John's that she could not approve

    Father Edwards, as contemplated by Canon III.17, supra note 5, until

    she had completed a standard satisfactory background investigation of

    him. In conjunction with this investigation, she scheduled a meeting

    with Father Edwards, to be held on January 10, 2001. On January 3,

    2001, however, Father Edwards requested that Bishop Dixon re-

    schedule this meeting for sometime after January 13, 2001. Bishop

    Dixon's administrative assistant then informed Father Edwards that

    "prior to the Bishop's issuing of the call [. . . to the rectorship] and

    the negotiation of a contract, she must have access to all your paper-

    work, including a background check, and she must meet with you in

    person."

    On January 9, 2001, Bishop Dixon's administrative assistant

    informed the Vestry that Father Edwards had cancelled his scheduled

    meeting with Bishop Dixon. She further informed it that the back-

    ground investigation and meeting relating to Father Edwards's selec-

    tion as Rector of St. John's were "required prior to the Bishop's

    issuance of a call to ministry." She advised the Vestry that "we cannot

    move forward without these two pieces having been completed."

    Despite this advice, the Vestry, on January 22, 2001, notified Bishop

    Dixon of its intent to enter into an employment contract with Father

    Edwards. On February 6, 2001, Father Edwards and the Vestry signed

    such an employment contract, naming Father Edwards as Rector of

    St. John's.7 The meeting between Bishop Dixon and Father Edwards,

    ____________________________________________________________

    6 A bishop, priest, or deacon of the Episcopal Church is canonically

    resident within a diocese when he or she (1) has been ordained there, or

    (2) has been canonically received into the diocese by the ecclesiastical

    authority thereof by acceptance of what are called letters dimissory.

    Members of the clergy serving under the jurisdiction of the ecclesiastical

    authority of a diocese are canonically resident in that diocese.

    7 The Vestry, however, did not consider the contract to be final and

    binding, but rather as being subject to Bishop Dixon's approval. The

    8
    

    initially scheduled for January 10, 2001, was rescheduled and eventu-

    ally held on February 26, 2001. On March 6, 2001, Bishop Dixon

    orally advised Father Edwards that she did not find him "duly quali-

    fied," and that she would not license him as Rector of St. John's. By

    a detailed letter of March 8, 2001, Bishop Dixon notified the Vestry

    of her decision.8 Father Edwards nonetheless moved from Texas to

    Maryland, and he began officiating at St. John's on March 25, 2001.

    Pursuant to the Canons of the Church, a priest is permitted to offi-

    ciate for two months within a diocese in which he is not canonically

    resident without a license from the ecclesiastical authority of that dio-

    cese. Canon III.16.2. On March 28, 2001, within the two-month win-

    dow, Bishop Dixon attended a meeting of the Vestry and advised it

    that, in accordance with canonical provisions, she intended to preside,

    due to the absence of a Rector. The Defendants, however, refused to

    permit the Bishop to preside, asserting that Father Edwards was the

    Rector of St. John's. Father Edwards then presided over the Vestry

    meeting of March 28, 2001, and members of the Vestry indicated to

    Bishop Dixon that they considered Father Edwards to be the Rector

    of St. John's. On May 15, 2001, five Bishops of the Episcopal Church

    met with the Church's Presiding Bishop, the Most Reverend Frank T.

    Griswold, but they were unable to resolve the conflict existing at St.

    ____________________________________________________________

    minutes of the Vestry meeting of February 15, 2001, reflect that the

    Senior Warden "reported that Father Edwards will be meeting with the

    Bishop on February 26, 2001 . . . . Following some discussion, it was felt

    that the Vestry should not spend money on moving [expenses for Father

    Edwards] until the new Rector meets with the Bishop and we get final

    approval."

    8 In her correspondence to the Vestry of March 8, 2001, Bishop Dixon

    explained her refusal to license Father Edwards, and in so doing cited

    derogatory remarks he had made about the Episcopal Church, including

    that "the machinery of the Church is hell-bound," and his teaching the

    importance of "gumming up the works of the Church." Opinion at 10;

    172 F. Supp. 2d at 708. Furthermore, Father Edwards had advised her

    that his obedience to her, "as a woman bishop, would be limited; . . . he

    would not guarantee that he would obey her instructions regarding her

    visitation to Christ Church . . . and he would not guarantee her that he

    would not attempt to lead Christ Church out of the Church or attempt to

    take Church property as part of that effort." Id.

    9
    

    John's. On May 22, 2001, the Vestry of St. John's requested the Right

    Reverend Jack Leo Iker, Bishop of the Diocese of Fort Worth, to

    place St. John's under his "episcopal protection. "9

    Having been denied a license to officiate within the Diocese of

    Washington, Father Edwards, pursuant to the two-month window pro-

    vided by Canon III.16.2, could not properly officiate at St. John's

    after May 25, 2001. Shortly thereafter, on May 27, 2001, Bishop

    Dixon visited Christ Church for the purpose of presiding over the

    Eucharist, a prerogative granted her by The Book of Common Prayer.10

    On that occasion, however, members of the Vestry informed Bishop

    Dixon that, while she could enter Christ Church to worship, she was

    not entitled to preside over the Eucharist. As a result, Bishop Dixon

    conducted an alternate religious service on an outdoor basketball

    court on the grounds of Christ Church. At the outdoor service, a

    retired Bishop read aloud a letter from Bishop Iker, of the Diocese of

    Fort Worth, granting St. John's his "episcopal protection." Certain

    individuals then sought to interfere with Bishop Dixon's alternate ser-

    vice, and members of the Vestry threatened to sue Bishop Dixon and

    to have her arrested for trespassing.

    On May 27, 2001, Bishop Dixon designated former Bishop Haines

    to act as priest-in-charge of St. John's until a new rector could be

    selected. Each Sunday in the weeks thereafter, alternate services were

    conducted at a community center near Christ Church for those St.

    John's parishioners who preferred not to receive the sacraments from

    Father Edwards. On May 29, 2001, fifteen members of the clergy

    filed three ecclesiastical charges against Father Edwards with the Dio-

    ____________________________________________________________

    9 It is unclear what the term "episcopal protection" signifies. According

    to the Canons, however, Bishop Iker possessed no power to usurp Bishop

    Dixon's authority within her jurisdiction, and Bishop Dixon did not cede

    to him any of her authority as Bishop of the Diocese of Washington. See

    Canon III.24.2 ("No Bishop shall perform episcopal acts . . . in a Diocese

    other than that in which the Bishop is canonically resident, without per-

    mission or a license to perform occasional public services from the

    Ecclesiastical Authority of the Diocese in which the Bishop desires to

    officiate.").

    10 The Eucharist is "the sacrament of the Holy Communion." Webster's

    Unabridged Dict. 667 (2d ed. 1998).

    10
    

    cese of Washington, alleging his breach of the Canons of the Church.

    Because Father Edwards was canonically resident within the Diocese

    of Fort Worth, these charges were transferred to that Diocese. On

    December 17, 2001, the Standing Committee of the Episcopal Dio-

    cese of Fort Worth issued a Presentment against Father Edwards on

    one of the three charges, dismissing another charge and noting that

    the third charge had been withdrawn.11 The Presentment was then

    referred for trial to the Ecclesiastical Trial Court of the Diocese of

    Fort Worth.12

    On July 13, 2001, two separate sets of ecclesiastical charges were

    filed against Bishop Dixon with the Presiding Bishop's Review Com-

    mittee of Bishops for the Episcopal Church (the "Review Committee").13

    They alleged, inter alia, that Bishop Dixon had "consistently and

    intentionally acted contrary to the spirit and letter of the Constitution

    and Canons of the General Convention, by exceeding the thirty (30)

    day limit for objecting to the call of a rector by a parish and . . .

    rebuk[ing] and recant[ing] several reconciliation efforts by the Parish

    prayerfully undertaken . . . ." These charges, one made by three Bish-

    ops and the other made by certain members of the clergy and laity,

    requested the Review Committee to determine whether Bishop Dixon

    was entitled, under the Constitution and Canons of the Church, to

    veto the selection of a Rector chosen in accordance with the Canons.

    On September 5, 2001, the Review Committee dismissed the eccle-

    siastical charges against Bishop Dixon, unanimously concluding that

    "no offense has occurred under Title IV of the Canons of the Episco-

    pal Church" and that Bishop Dixon's actions were "not contrary to

    definitive canonical authority." Acknowledging that the complainants

    and Bishop Dixon adhered to conflicting views of the relevant Can-

    ____________________________________________________________

    11 A Presentment is a charging document, specifying an alleged offense

    by a priest, deacon, or bishop, that is subject to an ecclesiastical trial.

    12 The record does not reflect whether a final decision has been made

    on the Presentment against Father Edwards.

    13 Title IV of the Canons, which deals with ecclesiastical discipline,

    creates this Review Committee for the Church, which functions to inves-

    tigate charges filed against bishops. Canon IV.3.27. Title IV also creates

    a diocesan review committee in each diocese to examine allegations of

    misconduct leveled against priests and deacons. Canon IV.3.1.

    11
    

    ons, the Review Committee concluded that "[b]oth parties apparently

    hold these views in good faith and with the support of their advisors

    and canonical commentators." In the Matter of the Right Rev'd Jane

    Holmes Dixon, Report of the Title IV Review Committee of the Epis-

    copal Church (Sept. 5, 2001).

    C.
    

    During this process, Bishop Dixon's lawsuit, filed against the

    Defendants on June 5, 2001, was proceeding through the court sys-

    tem. In early July 2001, prior to the filing of the ecclesiastical charges

    against Bishop Dixon, the Defendants sought dismissal of her lawsuit.

    They asserted that she lacked standing, that the court lacked jurisdic-

    tion over her claims, and that the complaint failed to state a claim

    upon which relief could be granted. Bishop Dixon, on her part, sought

    summary judgment against the Defendants. Among her submissions

    in support thereof was the report of the Review Committee, conclud-

    ing that she had committed no offense under the Canons.

    Thereafter, the district court, on October 29, 2001, filed its initial

    Opinion and related Order, granting summary judgment to Bishop

    Dixon, and declaring that:

    a) Bishop Dixon or her delegate has a right to be present

    in the buildings and on the grounds of St. John's Parish

    in Accokeek, Maryland and to perform duties as Bishop

    and Rector Ex Officio there, and her actions on May 27,

    2001 did not, and similar future actions by her or her

    delegate will not, constitute trespass;

    b) Bishop Dixon has the right to preside at meetings of the

    Vestry and Parish of St. John's;

    c) The purported contract between the Vestry of St. John's

    Parish and Father Edwards engaging him as Rector of

    the St. John's Parish is invalid, null and void, unen-

    forceable and without effect;

    d) The acts of the Vestry of St. John's Parish in contract-

    ing with Father Edwards to be and holding him out as

    12
    

    rector of the Parish and in preventing Bishop Dixon

    from presiding at vestry meetings and performing other

    acts as Rector Ex Officio are ultra vires and of no force

    and effect;

    e) Under Maryland Vestry Act, 1976 Laws of Md. Ch. 96,

    § 312J, Defendant Edwards is not the Rector of Christ

    Church, St. John's Parish; and

    f) Under Maryland Vestry Act, 1976 Laws of Md. Ch.

    96, § 312G, Father Edwards is unlawfully using and

    occupying buildings and property of St. John's Parish.

    Order at 1-2; 172 F. Supp. 2d at 720-21. Furthermore, the court, by

    its initial Order, enjoined Father Edwards and the Vestry as follows:

    a) [They] shall take no actions, directly or indirectly, to

    prevent Bishop Dixon or her delegate from performing

    her duties at St. John's Parish, including officiating at

    services and ministering to its congregation, and presid-

    ing at the meetings of the Vestry and Parish of St.

    John's;

    b) Father Edwards shall not officiate at religious services

    on or near the grounds of St. John's Parish;

    c) Father Edwards shall take no actions as Rector of St.

    John's Parish, including, but not limited to, presiding at

    meetings of the Vestry or officiating at services of St.

    John's Parish;

    d) Father Edwards shall not use or occupy the building or

    grounds of St. John's Parish;

    e) Except for his vacating of the rectory at St. John's Par-

    ish, which Father Edwards may take up to ten (10) days

    to accomplish, this injunction shall take effect immedi-

    ately.

    Order at 3; 172 F. Supp. 2d at 721.

    13
    

    On November 2, 2001, the Defendants noticed their appeal to this

    Court, and they also filed with the district court a motion for a stay

    of judgment pending appeal. On November 21, 2001, the court denied

    the motion, with the exception of a limited modification of its injunc-

    tion.14 Dixon v. Edwards, Opinion, Civ. No. PJM 01 CV 1838 (D.

    Md. Nov. 21, 2001) (the "Modification Opinion" and the "Modifica-

    tion Order"). By its Modification Order, it provided that "Father

    Edwards shall be permitted to conduct religious services at least 300

    feet distant from the perimeter of Christ Church, St. John's Parish in

    Accokeek, Maryland."15 The court also imposed an additional restric-

    tion, ordering that "[i]n conducting such services, Father Edwards

    shall not in any way hold himself out as being licensed by the Ecclesi-

    astical Authority of the Episcopal Diocese of Washington."

    Father Edwards and the Vestry have appealed the district court's

    rulings to this Court, requesting that we reverse the Order and the

    Modification Order and remand the case with instructions that it be

    dismissed. Primarily, they assert that we lack subject matter jurisdic-

    tion due to pending ecclesiastical proceedings in the Diocese of Fort

    Worth.16 They also maintain that we lack subject matter jurisdiction

    because Bishop Dixon does not possess standing to sue, and because

    ____________________________________________________________

    14 As a general proposition, the timely filing of a notice of appeal con-

    fers jurisdiction in the court of appeals "and divests the district court of

    its control over those aspects of the case involved in the appeal." Griggs

    v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). In this sit-

    uation, however, the district court retained authority to act as it did

    because, even after the filing of a timely notice of appeal, a "district court

    does not lose jurisdiction to proceed as to matters in aid of the appeal."

    Lytle v. Griffith, 240 F.3d 404, 408 (4th Cir. 2001) (citation and quota-

    tion omitted). The court did exactly that; it "aided in this appeal by

    relieving us from considering the substance of an issue begotten merely

    from imprecise wording in the injunction." Id.

    15 The Modification Opinion of November 21, 2001, and its related

    Order, contain some differences in their provisions, particularly with

    respect to Paragraph (b) of the injunction. These differences, and their

    potential significance, are discussed more fully infra at Part VI.

    16 At oral argument and in supplemental briefing, the Defendants ques-

    tioned whether Bishop Dixon, a resident of the District of Columbia, sat-

    isfied the prerequisite of 28 U.S.C. § 1332, upon which jurisdiction is

    predicated, that more than $75,000 is in controversy.

    14
    

    the Diocese is a necessary, though non-diverse, party. Its joinder

    would therefore destroy diversity, and consequently our basis for

    jurisdiction. Finally, they contend that the injunction should be

    vacated for multiple reasons, including the claim that it contravenes

    the First Amendment rights of Father Edwards.

    III.
    

    We review an award of summary judgment de novo, employing the

    same standards as the district court. Hartsell v. Duplex Prods. Inc.,

    123 F.3d 766, 771 (4th Cir. 1997). At the summary judgment stage,

    we view the underlying facts in the light most favorable to the non-

    moving party. Lone Star Steakhouse & Saloon, Inc. v. Alpha of Va.,

    Inc., 43 F.3d 922, 928 (4th Cir. 1995). Because this is a diversity case,

    we apply to it the same substantive principles a state civil court would

    utilize, but we adhere to federal procedural principles. See Hottle v.

    Beech Aircraft Corp., 47 F.3d 106, 109 (4th Cir. 1995). We review

    a district court's award of equitable relief for abuse of discretion,

    accepting the court's factual findings absent clear error, while exam-

    ining issues of law de novo. Id.; Starter Corp. v. Converse, Inc., 84

    F.3d 592, 594 (2d Cir. 1996). When a district court grants an injunc-

    tion, the scope of such relief rests within its sound discretion. Virginia

    Soc. for Human Life, Inc. v. Fed. Elec. Comm'n, 263 F.3d 379, 392

    (4th Cir. 2001). Similarly, we must sustain a district court's determi-

    nation of whether a party is "necessary," pursuant to Rule 19 of the

    Federal Rules of Civil Procedure, unless the court abused its discre-

    tion in making such a finding. Nat. Union Fire Ins. Co. v. Rite Aid,

    210 F.3d 246, 250 (4th Cir. 2000).

    IV.
    

    Our first task, of course, is to satisfy ourselves that we possess

    jurisdiction to consider this appeal. Lovern v. Edwards, 190 F.3d 648,

    654 (4th Cir. 1999). During oral argument and in supplemental brief-

    ing, the parties disagreed on whether Bishop Dixon's claim against

    the Defendants satisfied the "amount in controversy" requirement of

    28 U.S.C. § 1332, and they also disagree on whether Bishop Dixon

    possesses standing to pursue relief in this proceeding. Before consid-

    ering any issues concerning pending ecclesiastical proceedings or the

    15
    

    First Amendment, we must examine the predicate jurisdictional and

    standing issues.

    A.
    

    In this circuit, it is settled that the test for determining the amount

    in controversy in a diversity proceeding is "the pecuniary result to

    either party which [a] judgment would produce." Gov't Employees

    Ins. Co. v. Lally, 327 F.2d 568, 569 (4th Cir. 1964). The complaint

    of Bishop Dixon seeks, inter alia, a declaration that the actions of the

    Vestry and Father Edwards are ultra vires and that the contract

    between them is null and void.17 Under the "either-party" rule, as

    explained by our Judge Bell in Lally, Bishop Dixon has placed Father

    Edwards's employment contract and its monetary value in issue.

    Indeed, the Defendants concede in their submissions that, "if the con-

    tract is invalidated, Rev. Edwards loses compensation worth more

    than $75,000 and the Vestry is deprived of services it has valued at

    that amount." Appellants' Supp. Reply Br. at 6. Therefore, as the Ves-

    try acknowledges, the injunction will cause Father Edwards to lose in

    excess of $75,000, and the Vestry will be denied his services, which

    it has valued at more than that sum. It is thereby clear that Bishop

    Dixon satisfies the monetary requirement for diversity jurisdiction.18

    B.
    

    The Defendants also maintain that Bishop Dixon lacks standing to

    pursue her claims, and that the Diocese of Washington is a "neces-

    ____________________________________________________________

    17 In support of this assertion, Bishop Dixon observes that as of Febru-

    ary 15, 2001, the Vestry considered her approval of its selection of rector

    to be a condition precedent to formation of a contract with Father

    Edwards. See supra n.7; Foster & Kleiser v. Baltimore Co., 470 A.2d

    1322, 1325-26 (Md. Ct. Spec. App. 1984) (finding that an offer is not

    binding, and no contract formed, if something more than the seller's

    assent, e.g., approval by a higher authority, is required).

    18 Because the amount in controversy requirement is satisfied, we need

    not address Bishop Dixon's alternate rationales: that the value of the free

    exercise of her religion exceeds the jurisdictional sum of $75,000, and

    that her subjective valuation of access to the Parish property exceeds

    $75,000.

    16
    

    sary" party to the proceeding. With respect to the standing question,

    the Supreme Court, in Lujan v. Defenders of Wildlife, has carefully

    explained the "irreducible constitutional minimum" required. 504

    U.S. 555, 560 (1992); see also Friends of the Earth, Inc. v. Gaston

    Copper Recycling Corp., 204 F.3d 149, 154 (4th Cir. 2000) (en banc).

    First, Bishop Dixon must have suffered an injury in fact, i.e., "an

    invasion of a legally protected interest which is (a) concrete and par-

    ticularized, and (b) actual or imminent, not conjectural or hypotheti-

    cal." Lujan, 504 U.S. at 560 (internal citations and quotations

    omitted). Second, her injuries must be fairly traceable to the actions

    of the Defendants, rather than the result of actions by some indepen-

    dent third party not before the court. Id. at 560-61. Third, it must be

    likely, as opposed to merely speculative, that her injuries will be

    redressed by a favorable decision. Id.

    1.
    

    a.
    

    Bishop Dixon plainly possesses, consistent with the first prong of

    Lujan, a legally protectable interest in the authority of her office. In

    her complaint, she seeks, inter alia, to enforce her right as Bishop of

    the Diocese to preside at St. John's as Rector ex officio and as Presi-

    dent of the Vestry in the absence of a Rector, and she also seeks a

    declaration that Father Edwards is not the Rector of St. John's. She

    alleges no claims as Jane Holmes Dixon, an individual, but she

    instead pursues claims only in her capacity as Bishop of the Diocese

    of Washington.

    With regard to those claims, we observe that Jane Holmes Dixon,

    individually, would possess no right or authority to, e.g., preside at

    meetings of the Vestry or to celebrate the Eucharist upon visitation to

    a parish of the Diocese. However, as Bishop of the Diocese of Wash-

    ington, she has alleged and factually supported her possession of such

    authority. While the Diocese itself has no right to preside at meetings

    of the Vestry in the absence of a Rector, Bishop Dixon, by virtue of

    her office, is plainly vested with such a right. The Diocese possesses

    no right to celebrate the Eucharist upon visitation, nor any right of

    visitation. On the other hand, Bishop Dixon, by virtue of her office,

    clearly holds and possesses such rights, under the "hierarchical frame-

    17
    

    work of the Episcopal Church," to "minister to the congregation of St.

    John's." Complaint ¶ 23. While the Diocese may be injured if one of

    its parishes flouts the Constitution and Canons of the Church, such an

    injury would be different from those that Bishop Dixon alleges she

    has suffered.19

    To remedy the encroachment upon her authority by Father

    Edwards and the Vestry, Bishop Dixon is entitled in these circum-

    stances to turn to the civil courts. See Protestant Episcopal Church

    v. Graves, 391 A.2d 563 (N.J. Super. Ct. 1978) (granting declaratory

    and injunctive relief to bishop regarding control of parish property);

    Fiske v. Beaty, 201 N.Y.S. 441 (N.Y. App. Div. 1922) (enjoining pur-

    ported rector from conducting religious services or occupying rectory,

    and prohibiting use of property in violation of rules of the church,

    upon action of bishop against vestry of parish and alleged rector).

    Because Bishop Dixon possesses rights that are legally enforceable,

    we must next assess whether she has alleged a sufficient injury in fact

    to her rights as Bishop.

    b.
    

    The first prong of Lujan also requires that the invasion of the

    legally protected right be both concrete and actual, rather than merely

    hypothetical. With regard to Bishop Dixon's right to be present on

    Parish property, it is undisputed that certain members of the Vestry,

    as well as others, threatened her with criminal prosecution and suit for

    trespass when she attempted to conduct services at St. John's on May

    27, 2001.20 The Defendants maintain, however, that Bishop Dixon

    ____________________________________________________________

    19 For these reasons, Bishop Dixon satisfies the prudential standing

    requirement that she assert her own legal rights and not those of third

    parties. See Valley Forge Christian Coll v. Ams. United for Separation

    of Church and State, Inc., 454 U.S. 464, 474 (1982) ("[T]he plaintiff

    generally must assert his own legal rights and interests, and cannot rest

    his claim to relief on the legal rights or interests of third parties.") (cita-

    tion and quotations omitted).

    20 In their submissions in this appeal, the Defendants maintain that they

    are contemplating a counterclaim against Bishop Dixon for interference

    with the employment contract between Father Edwards and the Vestry.

    Appellants' Br. at 32.

    18
    

    was not, on that occasion, threatened for being on the property of St.

    John's as an individual, but instead for the improper attempt to exert

    power by virtue of her office. It is significant that, even when acting

    in her official capacity, Bishop Dixon may be subject to personal lia-

    bility for the tort of trespass. Fletcher v. Havre de Grace Fireworks

    Co., 177 A.2d 908, 910 (Md. 1962). In this regard, she sought a decla-

    ration that she could not be liable for trespass, in order that she could

    conduct her ministry without threat of personal liability. See Steffel v.

    Thompson, 415 U.S. 452, 454-55 (1974). A threat of liability for civil

    or criminal trespass constitutes the type of injury that, in the language

    of the Court, is both "concrete and particularized," and "actual or

    imminent." Lujan, 504 U.S. at 560-61. Under her allegations, and on

    this record, concrete and actual harm was inflicted by the Defendants

    upon Bishop Dixon, rather than upon the Diocese.

    Additionally, Bishop Dixon was in fact injured when the Defen-

    dants denied her the right to act as Bishop of the Diocese of Washing-

    ton. In Raines v. Byrd, certain members of the United States Senate

    asserted the loss of prestige and power of their institution as an injury

    in fact, and the Supreme Court concluded that they lacked standing

    to remedy such an "institutional" injury. 521 U.S. 811, 821 (1997).

    On the other hand, when a claimant asserts the right to an office, or

    if an officeholder asserts rights held by virtue of his office, he pos-

    sesses standing to sue for denial of those rights. See Raines, 521 U.S.

    at 821 ("[A]ppellees' claim of standing is based on a loss of political

    power, not loss of any private right, which would make the injury

    more concrete."); Powell v. McCormack, 395 U.S. 486 (1969); Mar-

    bury v. Madison, 5 U.S. (1 Cranch) 137 (1803). It is also significant

    that Bishop Dixon does not claim that the Church itself has been

    injured in its power or prestige by the Defendants. Rather, she asserts

    that Father Edwards and the Vestry have interfered with the exercise

    of the authority she possesses as Bishop of the Diocese. In such a cir-

    cumstance, she has alleged a sufficient injury in fact.

    2.
    

    It is also clear that Bishop Dixon satisfies the second and third

    prongs of the Lujan test. With regard to the second prong, Bishop

    Dixon's injury is fairly traceable to the Defendants. Finally, under the

    third prong of Lujan, the district court is fully capable of redressing

    19
    

    Bishop Dixon's injuries with a decision in her favor. See Sims v.

    Greene, 160 F.2d 512 (3d Cir. 1947) (allowing action for injunction

    by bishop of African Methodist Episcopal Church against another

    bishop, where church was not a party). Indeed, the Defendants make

    no contention that Bishop Dixon was not afforded full relief on her

    claims by the Order and Modification Order of the district court. As

    such, under the Lujan principles of standing, Bishop Dixon may pur-

    sue her claims against these Defendants.

    3.
    

    Because Bishop Dixon possesses standing to sue to enforce her

    rights as bishop, our inquiry into whether the Diocese is a "necessary

    party" in this proceeding is simplified. See Clinton v. City of New

    York, 524 U.S. 417, 434-35 (1998) ("Once it is determined that a par-

    ticular plaintiff is harmed by the defendant, and that the harm will

    likely be redressed by a favorable decision, that plaintiff has standing

    - regardless of whether there are others who would also have stand-

    ing to sue.").

    Rule 19 of the Federal Rules of Civil Procedure requires joinder of

    a party when "in the person's absence complete relief cannot be

    accorded among those already parties." The Defendants suggest that,

    in order to resolve this lawsuit, the court was required to decide who

    owned the Parish property. We are unable to agree, because the

    injunction entered by the district court in fact gave Bishop Dixon

    complete relief. The injunction does not concern property ownership,

    but only the rights of access and control over the Parish property -

    that is, the question of who is in charge, not who owns the land.

    Therefore, this facet of the Rule 19 contention must fail.

    The Defendants also assert that the Diocese is necessary under

    Rule 19(b)(2), which requires joinder when failure to do so would

    "leave any of the persons already parties subject to a substantial risk

    of . . . inconsistent obligations." Although the Diocese claims an inter-

    est in the Parish property, no substantial risk of inconsistent judg-

    ments is presented. First, the relief granted does not, as explained

    above, implicate the ownership of the Parish property. Second, both

    the Standing Committee and the Diocesan Council support Bishop

    Dixon's decision to pursue relief in her capacity as Bishop, and they

    20
    

    advised the district court that she adequately represents any overlap-

    ping interests of the Diocese. See Declaration of David Thomas

    Andrews, President of the Standing Committee of the Diocese of

    Washington, Dixon v. Edwards, Civ. No. PJM 01 CV 1838 (D. Md.

    July 28, 2001); Declaration of David B. Maglott, Moderator of the

    Diocesan Council of the Diocese of Washington, Dixon v. Edwards,

    Civ. No. PJM 01 CV 1838 (D. Md. July 30, 2001). There is no sub-

    stantial risk of inconsistent judgments when potential plaintiffs agree

    that one of them will litigate and represent the interests of the other.

    Coastal Modular Corp. v. Laminators, Inc., 635 F.2d 1102, 1103 n.3

    (4th Cir. 1980); see also Washington v. Daley, 173 F.3d 1158, 1167

    (9th Cir. 1999). Therefore, the district court did not abuse its discre-

    tion in concluding that the Diocese of Washington is not a necessary

    party in this proceeding.

    V.
    

    We now turn to the primary contention raised on appeal by the

    Defendants, that we lack subject matter jurisdiction because the

    Establishment and Free Exercise Clauses of the First Amendment pre-

    clude any involvement by a civil court in this dispute.21 The Defen-

    dants assert that pending ecclesiastical proceedings against Father

    Edwards in the Diocese of Fort Worth are material to this case and

    should be permitted to proceed, and they maintain that the district

    court, in accepting jurisdiction and ruling against them, unconstitu-

    tionally acted as an arbiter of the religious doctrine of the Episcopal

    Church.

    As we explain below, the civil courts of our country are obliged to

    play a limited role in resolving church disputes. This limited role is

    premised on First Amendment principles that preclude a court from

    deciding issues of religious doctrine and practice, or from interfering

    with internal church government. When a civil dispute merely

    involves a church as a party, however, and when it can be decided

    without resolving an ecclesiastical controversy, a civil court may

    ____________________________________________________________

    21 The Establishment and Free Exercise Clauses of the First Amend-

    ment provide that "Congress shall make no law respecting an establish-

    ment of religion, or prohibiting the free exercise thereof." U.S. Const.

    amend. I.

    21
    

    properly exercise jurisdiction. The courts must avoid any religious

    inquiry, however, and they may do so by deferring to the highest

    authority within the church.

    A.
    

    1.
    

    It is axiomatic that the civil courts lack any authority to resolve dis-

    putes arising under religious law and polity, and they must defer to

    the highest ecclesiastical tribunal within a hierarchical church apply-

    ing its religious law. Serbian E. Orthodox Diocese for the United

    States & Canada v. Milivojevich, 426 U.S. 696, 709 (1976). More

    than a hundred years ago, the Supreme Court succinctly observed:

    whenever the questions of discipline, or of faith, or ecclesi-

    astical rule, custom, or law have been decided by the highest

    of the[ ] church judicatories to which the matter has been

    carried, the legal tribunals must accept such decisions as

    final, and as binding on them, in their application to the case

    before them.

    Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871). Under the constraints

    of the First Amendment, when a subordinate in a church hierarchy

    disputes a decision of the highest ecclesiastical tribunal, the civil

    courts may not constitutionally intervene.

    The Court has consistently recognized that First Amendment val-

    ues are jeopardized when church litigation turns on the resolution by

    civil courts of controversies over religious doctrine and practice. See

    Milivojevich, 426 U.S. at 709-10. As Justice Brennan observed,

    "`[t]he First Amendment therefore commands civil courts to decide

    church property disputes without resolving underlying controversies

    over religious doctrine.' This principle applies with equal force to

    church disputes over church polity and church administration." Id.

    (emphasis added) (quoting Presbyterian Church v. Hull Church, 393

    U.S. 440, 449 (1969)).

    In assessing whether to exercise jurisdiction in a civil proceeding

    involving a church, it is important to determine whether the church

    22
    

    is of a "hierarchical" nature. If the church is hierarchical, a civil court

    should defer to the final authority within its hierarchy, declining even

    to determine whether an ecclesiastical decision is arbitrary, i.e.,

    whether it has complied with church laws and regulations. Id. In fact,

    it is clear that "a civil court must accept the ecclesiastical decisions

    of church tribunals as it finds them," "on matters of discipline, faith,

    internal organization, or ecclesiastical rule, custom or law." Id.

    2.
    

    The Defendants provide two separate bases for their contention that

    we owe no deference to the decision of Bishop Dixon declining to

    license Father Edwards in the Diocese of Washington. First, they

    maintain that the Episcopal Church is not hierarchical, and second,

    they contend that Bishop Dixon is not the final ecclesiastical decision-

    maker on Father Edwards's licensure in the Diocese. We address each

    of these contentions in turn.

    The Defendants first maintain that the Episcopal Church is not a

    "hierarchical" church, but, to the contrary, it is a church that is "con-

    stitutional, collegial, and conciliar." In its Milivojevich decision in

    1976, the Court noted several factors that "confirmed" its conclusion

    that the Serbian Orthodox Church is hierarchical. 426 U.S. at 715-16

    & n.9. The district court utilized the Milivojevich factors in its analy-

    sis, appropriately summarizing them into five elements which, if met,

    support the conclusion that a church is hierarchical. The five elements

    spelled out by the district court are as follows:

    1) The corporations in question are organized under the

    state religious corporations act governing the incorporation

    of religious societies that are subordinate parts of larger

    church organizations.

    2) Resolutions of the subordinate entity acknowledge

    the superiority of the superior entity.

    3) By-laws of the lower authority have been submitted

    to the higher for approval.

    23
    

    4) The priest takes an oath to be obedient to the higher

    authority.

    5) Provisions in the constitutions and by-laws of both

    the superior and subordinate levels suggest a hierarchical

    relationship.

    Opinion at 26-27; 172 F. Supp. 2d at 716.

    Our examination of this record, and our study of the organization

    and operation of the Episcopal Church, compels the determination

    that the court was correct in both its analysis and in its conclusion:

    The Episcopal Church is hierarchical. Specifically, but by way of

    example only: (1) the Bylaws of St. John's were adopted pursuant to

    the Canons of the Episcopal Church of the Diocese of Washington

    together with the Maryland Vestry Act; (2) The Maryland Vestry Act

    provides for the "full power and authority" of a vestry to choose a

    new minister or reader, "[p]rovided, however, that no action shall be

    taken hereunder contrary to provisions, consonant with public law, or

    the Constitution and Canons of the Protestant Episcopal Church, or

    of the Diocese of said Church wherein the parish is located," 1976

    Md. Laws Ch. 96, § 312J; and (3) every Episcopal priest, upon ordi-

    nation, takes an oath to be obedient to the Church, the Diocese, and

    his or her Bishop.22 In sum, we agree with the district court that "each

    and every characteristic mentioned by the Supreme Court in Milivo-

    ____________________________________________________________

    22 The ceremony for ordination of a priest in the Episcopal Church,

    where the priest takes an oath of obedience, includes the following ritual

    exchanges:

    The Bishop says to the ordinand

    . . . . And will you, in accordance with the canons of this Church,

    obey your bishop and other ministers who may have authority

    over you and your work?

    Answer

    I am willing and ready to do so. . . . I do solemnly engage to con-

    form to the doctrine, discipline, and worship of The Episcopal

    Church.

    . . . .

    Bishop Will you respect and be guided by the pastoral direc-

    tion and leadership of your bishop?

    Answer I will.

    BCP, The Ordination of a Priest (emphasis added).

    24
    

    jevich as establishing the hierarchical nature of a church is indisputa-

    bly present here." Opinion at 28; 172 F. Supp. 2d at 717.

    In their appeal, the Defendants implicitly concede that the Church

    is hierarchical. Indeed, the Vestry does not contend that it alone,

    rather than Bishop Dixon, possesses the final word on the selection

    of its Rector; it acknowledges that Bishop Dixon had a period of

    thirty days, under Canon III.17, within which to object to the selection

    of Father Edwards. This concession recognizes that the Vestry's

    choice of a Rector is subject to the Bishop's approval and that the

    Vestry is subject to the rulings of a hierarchy. And the Vestry could

    not in good faith contend otherwise, in view of Canon III.17 and the

    canonical provisions forbidding a vestry from discharging a rector

    without the approval of the proper bishop. Canon III.21. As the dis-

    trict court observed, the very word "bishop" derives from roots mean-

    ing "overseer." Opinion at 30; 172 F. Supp. 2d at 718. "Episcopalism"

    is said to mean "the theory that in church government supreme

    authority resides in a body of bishops and not in any one individual."

    Webster's Third New Int'l Dict. 765 (1976). And the Canons of the

    Episcopal Church clearly establish that it is a hierarchy. See, e.g.,

    Hiles v. Episcopal Diocese of Mass., 744 N.E.2d 1116, 1121 (Mass.

    Ct. App. 2001 ("It is undisputed that the Episcopal Church is hierar-

    chical in structure; there are no judicial holdings to the contrary.").23

    ____________________________________________________________

    23 Other decisions considering this question and concluding that the

    Episcopal Church is hierarchical include: Trustees of the Diocese of

    Albany v. Trinity Episcopal Church, 684 N.Y.S.2d 76, 78 n.2 (N.Y. App.

    1999) ("The Protestant Episcopal Church is a hierarchical form of church

    government in which local parishes are subject to the constitution, can-

    ons, rules and decisions of their dioceses, which, in turn, are presided

    over by a bishop . . . ."); Parish of the Advent v. Protestant Episcopal

    Diocese of Mass., 688 N.E.2d 923, 925 (Mass. 1997) ("[T]he First and

    Fourteenth Amendments require that we accept as binding the interpreta-

    tion of the constitution and canons of PECUSA and the Diocese by the

    bishop, the highest ecclesiastical authority for adjudicating these

    issues."); Moses v. Diocese of Colorado, 863 P.2d 310, 327 (Colo. 1993)

    (en banc) ("[A] priest is not independent of the [Episcopal] Diocese but

    is controlled by the Diocese and the bishop."); Bjorkman v. Protestant

    Episcopal Church, 759 S.W.2d 583, 586 (Ky. 1988) ("In this case the

    church organization is hierarchical."); Bennison v. Sharp, 329 N.W.2d

    25
    

    3.
    

    Because the Episcopal Church is hierarchical, we must next assess

    whether Bishop Dixon, in the context of this dispute, is its highest

    ecclesiastical authority -- i.e., whether her decision with respect to

    Father Edwards and the Vestry is binding upon us. In arguing to the

    contrary, the Defendants contend that disciplinary proceedings are

    pending against Father Edwards in the Diocese of Fort Worth con-

    cerning the events at St. John's, and that until those proceedings con-

    clude, no "final authority" has spoken. In order for the ecclesiastical

    proceedings in Fort Worth to have relevance here, however, they must

    have some capacity to affect the situation at St. John's. And on this

    point the Defendants have been entirely unable, in either their written

    or oral presentations, to raise any genuine question concerning

    whether the tribunal in Fort Worth can establish Father Edwards as

    the Rector of St. John's Parish.

    The Fort Worth Presentment is an entirely separate proceeding

    from this case; it is only concerned with the disciplinary charge

    against Father Edwards, and it focuses on his conduct alone. What-

    ever its outcome, it cannot determine the validity of Bishop Dixon's

    decisions in the Diocese of Washington. If Father Edwards is vindi-

    cated in Fort Worth, he will not be subject to church discipline there.

    In no event, however, will he thereby be established as Rector of St.

    John's in Maryland. In this circumstance, the Fort Worth disciplinary

    proceeding against Father Edwards is irrelevant to the dispute before

    us. See Hiles, 744 N.E.2d at 1122 (observing that ecclesiastical disci-

    plinary proceedings did not implicate controversy before the court).

    ____________________________________________________________

    466, 472 (Mich. 1983) ("[T]he undisputed facts show the Protestant

    Episcopal Church to be hierarchical with regard to property, as well as

    spiritual matters."); Tea v. Protestant Episcopal Church, 610 P.2d 182,

    184 (Nev. 1982) (finding no error in district court's conclusion that

    church was hierarchical); Protestant Episcopal Church v. Graves, 417

    A.2d 19, 24 (N.J. 1980) ("The Protestant Episcopal Church in the United

    States of America is a hierarchically structured organization which by

    virtue of its constitution and canons exercises pervasive control over its

    constituent parishes . . . .").

    26
    

    In the Episcopal Church, the priests and the laity of a diocese are

    subject to the authority of their bishop. While the dispute between

    Bishop Dixon and the Vestry of St. John's may concern St. John's

    control of its own affairs, the Canons of the Church fail to provide a

    vestry or a parish congregation with final authority over all church

    matters. Most significantly, the Review Committee of the Church has

    already determined that Bishop Dixon did not violate its Canons, and

    the Canons provide for no further appeal or review of her decision.

    Therefore, Bishop Dixon is the highest ecclesiastical tribunal of the

    Church for the purposes of this dispute.24

    B.
    

    Stripped to its essence, the dispute between Bishop Dixon and

    Father Edwards concerns whether the principles governing the Epis-

    copal Church authorize the Bishop to refuse Father Edwards a license.

    The Defendants maintain that a "duly qualified" priest is merely one

    in good standing; Bishop Dixon, on the other hand, maintains that a

    "duly qualified" priest is one whose views are not inconsistent with

    her ministry. The resolution of this disagreement is beyond our com-

    petence as a civil court, because "it is the function of the church

    authorities to determine what the essential qualifications of [clergy]

    are and whether the candidate possesses them." Gonzalez v. Roman

    Catholic Archbishop of Manila, 280 U.S. 1, 16 (1929).25 In any event,

    the Review Committee has already decided that Bishop Dixon made

    a reasonable good-faith interpretation of the Canons, and it has

    declined to discipline her for her actions.

    ____________________________________________________________

    24 There may be an issue, under the Constitution and Canons, whether

    the Review Committee possessed the authority to overturn Bishop

    Dixon's decision on the licensing of Father Edwards, or whether it

    merely possessed the ability to sanction her if the decision was improper.

    Because the Review Committee declined to proceed against Bishop

    Dixon, that issue is not before us.

    25 While the Defendants' amici assert that the district court erred in fail-

    ing to interpret Canon III.17 to limit Bishop Dixon to thirty calendar

    days in which to object, and that it erred by impermissibly expanding the

    definition of a "duly qualified" priest, the court commendably refused to

    address these issues. Such interpretations of the Canons of the Episcopal

    Church are beyond the province of a civil court.

    27
    

    In the final analysis, it was for the Episcopal Church to determine

    whether Bishop Dixon was acting within the bounds of her role as

    Bishop Pro Tempore of the Diocese of Washington. When the

    Review Committee found that she did not act improperly, it dismissed

    the charges against her. The issue of her authority has not thereafter

    been questioned in any pending church adjudication. Her decision is

    therefore final and binding, and it must be recognized as such by a

    civil court.

    VI.
    

    Finally, we turn to the Defendants' challenge to the permanent

    injunction entered by the district court. As a general matter, when the

    scope of an injunction is challenged, we review its terms for an abuse

    of discretion. Tuttle v. Arlington City School Bd., 195 F.3d 698, 703

    (4th Cir. 1999). In so doing, we review the court's underlying factual

    findings for clear error and its conclusions of law de novo. Virginia

    Soc'y for Human Life, Inc. v. Federal Election Comm'n, 263 F.3d

    379, 392 (4th Cir. 2001). Of course, a mistake of law by a district

    court is per se an abuse of discretion. Hunter v. Earthgrains Co. Bak-

    ery, 281 F.3d 144, 150 (4th Cir. 2002).

    In addressing Bishop Dixon's request for injunctive relief, the dis-

    trict court found, inter alia, that the Defendants had denied her access

    to Christ Church. It also found that they had barred her from celebrat-

    ing the Eucharist with her parishioners at St. John's, and that she was

    compelled to utilize a basketball court outside the church building for

    an alternate religious service. Moreover, Bishop Dixon's alternate ser-

    vice was disrupted, and she was threatened with charges of criminal

    trespass. And after the expiration of the sixty-day window, when

    Father Edwards was no longer authorized to officiate within the Dio-

    cese of Washington, he continued to occupy the rectory and hold him-

    self out as the Rector of St. John's.

    Because of this activity and the Defendants' related acts of defi-

    ance of Bishop Dixon, the court, on October 29, 2001, entered its

    injunction. It enjoined Father Edwards from, inter alia, acting as Rec-

    tor of St. John's, and also from officiating at religious services "on or

    near" the grounds of St. John's. On November 2, 2001, when the

    Defendants noticed their appeal to this Court, they contemporane-

    28
    

    ously sought a stay of judgment pending appeal, asserting, among

    other things, that the "on or near" provision in the injunction's Para-

    graph (b) infringed upon the First Amendment rights of Father

    Edwards. In response to this contention, the court entered its Novem-

    ber 21, 2001, Modification Order, and it thereby superseded the chal-

    lenged "on or near" provision with an amended injunction permitting

    Father Edwards to "conduct religious services at least 300 feet distant

    from the perimeter of Christ Church, St. John's Parish." Modification

    Order at 6. The Defendants, however, did not thereafter object in the

    district court to the terms of the Modification Order, nor did they seek

    to vacate or modify its terms and conditions.

    On appeal, the Defendants continue to maintain that the "on or

    near" provision unconstitutionally restricts Father Edwards's freedom

    of religion and expression. Their contention on this point is moot,

    however, because that provision has been superseded by the Modifi-

    cation Order. They otherwise challenge the injunction in two respects,

    contending that (1) it prevents Father Edwards from conducting ser-

    vices generally, and (2) because the Vestry owns the Parish property

    in fee simple, it cannot be enjoined from inviting Father Edwards to

    perform services thereon. Neither of these contentions has merit.

    First of all, Father Edwards is not prohibited from conducting ser-

    vices generally; the injunction simply prohibits him from holding

    himself out as licensed by the Ecclesiastical Authority of the Diocese

    of Washington and, in certain respects, from officiating in connection

    with St. John's Parish and Christ Church. The court placed no restric-

    tions on his ability to believe in or practice his religion outside speci-

    fied boundaries. On the second point, concerning the use of Parish

    property, the Vestry, under the Parish Bylaws and the Maryland Ves-

    try Act, is already precluded from acting in violation of the Constitu-

    tion and Canons of the Episcopal Church. Because the highest

    ecclesiastical authority of the Diocese, Bishop Dixon, has determined

    that the Vestry's interpretation of the Canons is incorrect, this chal-

    lenge to the injunction is without merit.

    On the other hand, we see the "buffer zone" aspect of the injunc-

    tion, as set forth in the Modification Order, as troublesome. While the

    Defendants' challenge to the buffer zone may have some merit, it is

    significant that Father Edwards and the Vestry failed to challenge the

    29
    

    Modification Order in the district court. We should not, unless an

    error is plain, or unless our refusal to address an appeal would result

    in a fundamental miscarriage of justice, ordinarily consider an issue

    which is first raised on appeal. Karpel v. Inova Health Sys. Servs.,

    134 F.3d 1222, 1227 (4th Cir. 1998); see also Taylor v. Virginia

    Union Univ., 193 F.3d 219, 239-40 (4th Cir. 1999) (stating that error

    not raised below in civil proceedings is reviewed, at minimum, for

    plain error). Because of the compelling importance of preserving First

    Amendment principles, however, see Keyishian v. Board of Regents,

    385 U.S. 589, 604 (1967), and based upon the prudential consider-

    ation of according the district court a full opportunity to first consider

    a challenge to its Modification Order, we will remand for further con-

    sideration of the buffer zone issue. See S.D. Myers, Inc. v. City &

    County of San Francisco, 253 F.3d 461, 465 (9th Cir. 2001) (affirm-

    ing but remanding for consideration of issue initially raised on

    appeal).

    In connection with our remand, we make the following explanatory

    observations. While the Modification Order prohibits Father Edwards

    from officiating at religious services within 300 feet of the "perimeter

    of Christ Church," the Modification Opinion provides that the injunc-

    tion is being modified to create a 300-foot buffer zone "from the

    perimeter of the property of Christ Church." Modification Opinion at

    3 (emphasis added). Although the language of the Modification Order

    is controlling, because courts speak through their orders, New Hori-

    zon of NY LLC v. Jacobs, 231 F.3d 143, 152 (4th Cir. 2000), this sig-

    nificant discrepancy between the Modification Opinion and the

    Modification Order makes it difficult to ascertain the proper bounda-

    ries of the buffer zone where Father Edwards is not to officiate.26 To

    the extent the buffer zone extends beyond the boundaries of the Christ

    Church property -- and those boundaries are not in the record

    before us -- its existence may be constitutionally problematic. See

    Madsen v. Women's Health Ctr., 512 U.S. 753, 775 (U.S. 1994)

    ____________________________________________________________

    26 For example, does the 300 foot buffer zone run from the edge of the

    church building at Christ Church, or does it run from the property line

    of the real estate on which the church building sits? We also note that,

    whether intended or not, the Modification Order applies only to Christ

    Church, and that this aspect of the injunction is inapplicable to

    Pomonkey Chapel, the other church in St. John's Parish.

    30
    

    (striking down 36-foot buffer zone insofar as it encroached on private

    property and 300-foot buffer zone around residences as unconstitu-

    tional); Schenck v. Pro-Choice Network, 519 U.S. 357, 377 (1997)

    (striking down fifteen-foot floating buffer zone around patrons enter-

    ing abortion clinic, but upholding fixed buffer zones around door-

    ways, driveways, and driveway entrances as warranted in

    circumstances).

    VII.
    

    For the foregoing reasons, we affirm the district court's award of

    declaratory and injunctive relief to Bishop Dixon. We remand, how-

    ever, for further proceedings concerning the buffer zone created by

    the injunction.

    AFFIRMED AND REMANDED
    

    31
    

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