Posted on 02/03/2007 4:25:04 AM PST by Huber
One of the things that makes Titusonenine the amazing blog that it is, is our amazing commenters. One of our Virginia readers, William Sulik, has compiled a great list of links with background and various legal precedents that may be of interest to those following the developing legal battle in the Diocese of Virginia. This is posted in the comments below, but at Kendalls request, were highlighting it here on the main blog
As mentioned yesterday, here is my Compendium of Posts regarding the Law in Virginia.
¶ Set forth below, is a collection of the most relevant posts, in my opinion, regarding the Law of Church-State relations in the Commonwealth of Virginia.
**This entry and the comments that followed was one of the major posts as Kendall would say, read it all. However, if you get tired of reading the comments, I recommend starting with #52 by w.w. (Im a fan of w.w. and strongly recommend anything s/he writes) and working your way down. Dont miss Dave at #63 or #64 with a 3rd Circuit case giving a good general background of the legal issues. Also at #72 is a long excerpt from Norfolk Presbytery v. Bollinger, 214 Va. 500, 201 S.E.2d 752 (Va., 1974). (Note, due to formatting errors, by yours truly, the remainder of the case can be found at #74). And dont overlook #78 on the proposed amendments to the law which were rejected (see also, this WaPo editorial arguing for rejection of the amendments).
**This is a link to the (.pdf) report of the Special Committee to Bp. Lee recommending a Protocol for Departing Congregations.
**Etherington Article on Virginia Law. (again, see discussion, including mentions of Reid v. Ghoulson and Green v. Lewis. (Note that Mr. Etherington is counsel to the Roman Catholic Diocese of Richmond.)
**DioVa and All Saints agree on Disposition of Property.
**Title 57, Chapter 2 of the Virginia Code, relating to Religious and Charitable Matters.
**Whos Who on the litigation teams.
¶ Additionally, these posts and comments provide especially helpful background:
**Article in The Living Church in which (then) Presiding Bishop Frank Griswold specifically said these matters were a Diocesan issue.
**Dr. Stephen Noll, former minister at Truro Church, on the recent history of Truro.
**Russ Randle on multi-day voting.
**Letter from Bp. Lee to the DioVA on the consecration of Martyn Minns as a Bishop.
**Letter from The Most Rev. Henry Luke Orombi to Bp. Lee. ( Even those of us for whom English is a second language understand his plain English )
¶ Finally, some other posts which generated debate and commentary on Virginia law and Church Law:
**Virginia Approved Freeze on Litigation.
**Falls Church/Truro vestries recommend severing ties.
**Press Release: Anglican Churches Comply with Virginia Statute Requiring Reports of Their Congregations Votes
**And remember, A bad settlement is better than a good trial.
See also Wm. Suliks follow-up comment with a very long citation of Green v. Lewis here.
This entry was posted on Friday, February 2nd, 2007 at 4:23 pm and is
Here are some of the cases discussed in the posts linked. It is a good discussion for someone trying to get a handle on some of the legal issues. I have improved some of the links:
SERBIAN ORTHODOX DIOCESE v. MILIVOJEVICH, 426 U.S. 696 (1976)
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=426&invol=696
Jones v. Wolf , 443 U.S. 595 (1979)
http://laws.findlaw.com/us/443/595.html
I haven't found a good public link to Norfolk Presbytery v. Bollinger, 214 Va. 500, 1974, but would note that it should be relied upon with caution in that it predates Jones v. Wolf.
Scotts Church v. Conference of African Union First Colored Methodist Protestant Church
http://vls.law.vill.edu/locator/3d/Oct1996/96a1437p.txt
Thanks for your work.
If Truro and the Falls Church lose, I'm driving to No. VA and grabbing the kneelers at Truro I gave in memory of my Mom lest the building become a haven as described by someone else for the "homo crowd in near-pagan celebrations". I will throw those cushions in my van and drive away and never look back!!!
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