BREAKING: Virginia Judge Rules in Favor of Parishes [Episcopal Church Split]

Stand Firm In Faith ^ | April 4, 2008 | Greg Griffith

[kaehurowing]

"The Court agrees that it was major divisions such as those within the Methodist and Presbyterian churches that prompted the passage of 57-9. However, it blinks at reality to characterize the ongoing division within the Diocese, ECUSA, and the Anglican Communion as anything but a division of the first magnitude..."

[kaehurowing]

Virginia trial court rules in favor of parishes leaving the Episcopal Church.

[ken5050]

Good news bump

[sionnsar]

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[PapaBear3625]

The judges order concludes: "For the foregoing reasons, this Court finds that the CANA Congregations have properly invoked 57-9(A). Further proceedings will take place in accordance with the Order issued today"

Virginia code 57-9 allows the congregation to vote to re-affiliate with a branch more to their liking AND THEIR CHURCH BUILDING AND OTHER PROPERTY goes with the congregation's choice

[Grampa Dave]

Good news. I just sent this to some liberals who have told us that we have put with what happens in the national church, and if we didn’t like it we could leave.

Looks like they can leave and go to a liberal church versus us as these cases continue to be on our side.

[AnalogReigns]

I’m rejoicing very much in this, since hearing about it at 6:30 AM.

A bit of caution though:

1) This is a Virginia court ruling in respect to a unique Virginia law, passed in the ‘90s which says in the event of a major denominational split, allows the congregation to keep the property. The court only ruled that yes, this statute does apply (TEC had actually argued it was just malcontents, not an actual split at the denominational level!). No other state that I know of has the same statute, hence, unless you are in Virginia this decision won’t help your parish.

2) The other major prong of TEC’s argument is that this Virginia law is unconstitutional...in that it allows government to interfere in the internal affairs of a religion—making an “undue entanglement.” The constitutionality of the Virginia law has yet to be decided. I think it would seem kind of silly for the judge to say the law applies, but the law itself is invalid....but, God knows legal decisions: Much more prayer needs to be made.

3) It would appear that the real legal strategy of the deep pockets TEC will be to appeal endlessly, so as to bleed the (much shallower pocketed churches) dry with legal costs. So I doubt we’ll see an end to this for many years to come, even if the law is ruled constitutional.

4) Personally, I think the best hope might be for more politically and PR sauvy TEC members to say enough is enough to Schori and Beers...as all of this can’t help but really make TEC look like the petty, grasping, vindictive hypocrits that they are.... What I’m saying is that stopping the whole “sue them down!” strategy may have to come from within.

I simply cannot imagine letting a minority of congregations leave with their properties would seriously jeopardize TEC funds in the long run, as much as the bad PR, legal costs, and of course rank apostasy this whole episode epitomizes.

[Grampa Dave]

Each one of these court victories from the East Coast to the West Coast is good for our side and bad for the other side.

We will end up with two E churches. One will be the left wing liberal, non God/Jesus one and the other will be God/Jesus centered not homosexually centered.

[ken5050]

Excellent analysis.... spot on..Though it does apply only to VA, the value nationwide is the perception that TEC has lost a big one...

[AnalogReigns]

Thanks.

My point was though that legally, this decision, especially since it is regarding a unique Virginia law, will have no bearing on other courts.

PR-wise, and perception wise—especially since Virginia is TEC’s biggest diocese, the implications are huge.

Outside of VA, for those of you who want your state’s churches of any denomination NOT to be in the stranglehold of the (liberal/mainline) denominational authorities, with the congregation able to leave if they like—lobby your state legislators to pass a law like Virginia’s—assuming it passes constitutional muster.

[rabscuttle385]

This is a Virginia court ruling in respect to a unique Virginia law, passed in the ‘90s which says in the event of a major denominational split, allows the congregation to keep the property.

If I remember correctly, the statute goes all the way back to the late 1860s, after the end of the Civil War.

I simply cannot imagine letting a minority of congregations leave with their properties would seriously jeopardize TEC funds in the long run...

It doesn't matter any more. Even if TEC wins the properties, what can they do with them? The cash flow (parishioners) are already gone.

[AnalogReigns]

If I remember correctly, the statute goes all the way back to the late 1860s, after the end of the Civil War.

You're correct, I was misinformed.