Breakaway Episcopal Churches Aided by "Division Statute"
Eleven conservative former Episcopal congregations that broke away from the U.S. Episcopal Church claimed victory Friday when a Virginia judge ruled that a state statute allows the churches to keep their property.
The Episcopal Church filed suit against them, contending that all church property belonged to it and that when a congregation breaks away, the property is considered "abandoned."
But Judge Randy I. Bellows of Fairfax County Circuit Court ruled Thursday that the 11 churches could pursue their case under Virginia's "division statute," which grants property to departing congregations when there is division within the denomination.
The judge pointed out that hundreds of Episcopal churches across the country are involved in disputes within The Episcopal Church. In his opinion letter, Judge Bellows wrote that evidence of a division within the Episcopal Diocese of Virginia, the national body and the global Anglican Communion "is not only compelling, but overwhelming."
"The only way in which this Court could find a 'division' not to exist among the pertinent entities in this case is to define the term so narrowly and restrictively as to effectively define the term out of existence," Bellows wrote in his summary.
The judge concluded that the division statute applies in the case of the 11 congregations "walking apart" from the national body.
These churches are affiliated with a Nigerian archbishop and his church’s American wing, the Convocation of Anglicans in North America (CANA). “We would say [the ruling] is a step forward for us,” said Oakes, vice chairman of the Anglican District of Virginia, a subset of CANA.
“We are pleased with this initial victory today," said Oakes. "We have maintained all along that The Episcopal Church and Diocese of Virginia had no legal right to our property because the Virginia Division Statute says that the majority of the church is entitled to its property when there is a division within the denomination. Our churches' own trustees hold title for the benefit of the congregations."
The Virginia Diocese has argued that the split with these 11 congregations does not constitute a division. In 2006, these conservative parishes voted overwhelmingly to sever ties over what they contended was The Episcopal Church's departure from Christian orthodoxy. The rift began in 2003 when The Episcopal Church elected an openly gay bishop, V. Gene Robinson. (CBN News related story; related video)
The diocese sued in what is reportedly the largest lawsuit in the history of The Episcopal Church, which is the U.S. branch of Anglicanism. In a statement following last week's ruling, the Diocese of Virginia said "it is simply wrong" to allow those who left The Episcopal Church to "continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere."
The diocese argues that the church properties were held in trust by the congregations for The Episcopal Church. According to the New York Times, the denomination is set to argue in May that the Virginia law on the division of property is unconstitutional, in part because it interferes with church laws governing property ownership.
The Bishop of The Episcopal Church, Rev. Katharine Jefferts Schori, said she was disappointed by the ruling and believes the court's conclusion that the division statute applies to the current situation "is incorrect."
The conservative Anglican congregations hope the court's decision will be respected.
“We urge our friends in the Diocese of Virginia and The Episcopal Church to respect the court’s ruling and join with us to begin a process of healing," said Oakes of the Anglican District of Virginia. "These are also the wishes of the worldwide Anglican Communion, as prolonging this process – pitting Christian against Christian in court – does nothing to save one soul, strengthen one family, or help one person in need. Let us choose healing over litigation and peaceful co-existence over lawsuits, and let us devote all our resources to serving Christ and helping others around the world.”
The judge has yet to rule on the constitutionality of the “division statute,” which the diocese also is disputing, as well as on the larger question of which side is entitled to the properties.
“This fall the court will consider our property claims against those who have left the Episcopal Church and yet continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere,” the diocese said Friday. “That is simply wrong.”
“The people in the CANA congregations were free to leave, but they cannot take Episcopal property with them,” the diocese said.
Though 11 congregations are involved in the suit, only eight own property the diocese is seeking to reclaim. Two of the churches, Falls Church and Truro, sit on land near the nation's capitol worth $25 million.
Related stories:
Episcopal Church Lawsuit Dropped
Gay Bishop Out of Anglican Summit
Five Anglican Provinces Boycotting Once-a-Decade Meeting
Hijacked: A Bible Believing Episcopal Priest Takes a Stand
Related ChurchWatch Blogs:
Anglican World Leader Says that Conservatives Are Misreading Passages on Homosexuality
Archbishop of Canterbury Outlines Plan to Expel Episcopal Church in the U.S. Over Gay Bishop
Nigerian Archbishop Rejects U.S. Episcopal Church's Proposal
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