VA: Court will use Church's Constitution and Canons in deciding property disputes [TEC vs. CANA]

Episcopal News Service ^ | 2007-08-10 | Matthew Davies and Mary Frances Schjonberg

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Virginia's Fairfax Circuit Court ruled August 10 in favor of the Episcopal Church and the Diocese of Virginia in denying the claims of 11 separated congregations that the court should not consider the Church's Constitution and Canons in deciding property disputes.

The congregations, in which a majority of members have voted to leave the Episcopal Church but continue to occupy its property, asked the court to dismiss the complaints of the Church and the diocese.

After hearing arguments by all parties, the judge overruled all but one part of the motions. The court dismissed the claims of the diocese for a judgment that the congregations had committed a trespass by holding onto the property. Such claims, the court ruled, should be pleaded separately.

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In an August 8 letter to the clergy and lay leaders of the diocese, Patrick Getlein, diocesan secretary, said: "The situation we find ourselves in is regrettable and unfortunate. Nevertheless, we must protect and preserve our heritage for future generations."

There won't be any, if young, cradle Episcopalians such as myself are leaving TEC.

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Anglican ping (sorry it’s ENS)

[sionnsar]

I didn’t know ENS now has to be excerpted. A shame, because I don’t usually bother to click through.

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Thanks to rabscuttle385 for the ping.

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Speak the truth in love. Eph 4:15

[rabscuttle385]

I don’t think it has to be excerpted, but I chose to do so anyways, because TEC is barf barf barf.

[PAR35]

Given the disconnect between this story and the one in Virtue, I’d have to read the rulings and orders myself before I’d buy anyone’s spin.

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This story is also on VirtueOnline.

[lastchance]

What a shameful ruling. Many of the churches being sued predate the National church. It seems TEC wants to be a heirarchal church when lawsuits come up but a congregational one when challenged by the orthodox for violating 2000 years of Christian teaching.

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If the courts allow the Church law to govern title of tangible parish property, in our case, I can see many other organizations passing regulations in a similar fashion. It's like that judge in Los Angeles who suggested the possibility of an auto club declaring that members who depart must turn over the keys to their cars and homes to the auto club.

The Constitution is the supreme law of the land. Subordinate to this hallowed document is the federal, state, and local law, none of the aforementioned can be overruled by religious or other organizational doctrine.

[AnalogReigns]

As a poster said in the VirtueOnline blog, this is a very narrow decision, with the judge just saying that besides Virginia law he will also consider Episcopal canon law too... This is very normal in inter-organizational disputes. One has to disentangle what is a private contractual obligation verses what the law says about a conflict.

The battle is nowhere near done, and has hardly begun.

I really hope the churches never wimp out and vacate the properties either...as it is the Episcopal leaders that are the thieves, taking over Christ’s Church, in her people, and even her property.

This is more than about brick, morter and old graveyards. It’s about false shepherds ruling it over God’s people and misleading as many as they can to an eternal Hell.

We need to pray that these congregations continue to fight valiantly.

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We need to pray that these congregations continue to fight valiantly.

Thank you for keeping us in your prayers.