Office of the Presiding Bishop, Diocese of Virginia respond to preliminary court ruling
Episcopal News Service. April 4, 2008 [040408-01]
The Office of the Presiding Bishop and the Diocese of Virginia issued statements April 4 response to a preliminary ruling a day earlier by Fairfax County Judge Randy I. Bellows that it was appropriate for 11 Convocation of Anglicans in North America (CANA) congregations to file property claims under a portion of Virginia state law that is triggered when there is a so-called "division" of a church or religious society.
Statement from the Office of the Presiding Bishop follows:
We are obviously disappointed in yesterday's ruling by the trial judge against the Episcopal Church and the Diocese that involved one Virginia statutory issue in the case. While we believe that the Court's conclusion that Virginia's unusual "division" statute applies to the current situation in the Diocese, the Episcopal Church and the Anglican Communion is incorrect, there will be time enough in the future to seek review of that decision if it becomes necessary. In the meantime, we shall present to the Court at the scheduled argument in May our contention that if the statute means what the Court has held, it plainly deprives the Episcopal Church and the Diocese, as well as all hierarchical churches, of their historic constitutional rights to structure their polity free from governmental interference and thus violates the First Amendment and cannot be enforced.
We also note that this decision does not bar the contentions of the Episcopal Church and the Diocese regarding control over the property of the departing congregations that will be presented to the Court in the fall.
The Diocese of Virginia's statement (which is also available here) follows:
Court Issues Initial Ruling in 57-9 Statute in Favor of CANA Congregations
Bedrock constitutional and property issues remain
April 4, 2008
The Circuit Court of Fairfax County ruled last night that it was appropriate for the CANA congregations to file their claims under the 57-9 "Division Statute." In its opinion, the Court explicitly acknowledged that constitutional issues remain and there will be a hearing on those issues on May 28, 2008. At issue is the government's ability to intrude into the freedom of the Episcopal Church and other churches to organize and govern themselves according to their faith and doctrine. We strongly believe that, while we may have theological disagreements within the Episcopal Church, those disagreements are ours to resolve according to our faith and governance.
The implications of the Court's ruling reach beyond the Episcopal Church and the property issues before us. The constitutional issues, on which the Court explicitly did not rule, have implications for every church in Virginia.
It is also important to note the Court has not yet ruled on the property issues in this matter. 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. That is simply wrong. A trial on those claims is scheduled for October.
We are asking the Court to affirm that the Diocese has sole control over all real and personal property associated with the Church. We proceed with our claims with sadness for those who have sought to leave but with confidence that we are being faithful stewards of what God has given us in these churches.
When the CANA congregations voted to leave the Episcopal Church in protest, they abandoned their Episcopal brothers and sisters of the past, the present and the future. Having denounced the Episcopal Church, the congregations set out to separate themselves from the Diocese of Virginia yet occupy and seek control of Episcopal Church property. The people in the CANA congregations were free to leave, but they cannot take Episcopal property with them.
Read the Letter of Opinion and Order on the Applicability of Virginia Code Sec. 57-9(A) here.
Editor's note: The first page of the PDF may appear blank on some computer screens. Scroll down to begin reading the Letter of Opinion and Order.