Posted on 04/04/2008 6:48:45 AM PDT by rabscuttle385
A judge in Fairfax County Court has ruled in favor of a group of 11 churches, all members of the Anglican District of Virginia (ADV) who want to keep their properties. Last year they broke free from The Episcopal Church and the Diocese of Virginia and came under the Convocation of Anglicans in North America (CANA), the Nigerian branch of the Anglican Communion established in the United States.
Judge Randy I. Bellows citing the Virginia Division Statute (Virginia Code § 57-9) said the churches could keep their property at least for the moment though the Episcopal Church is expected to issue a challenge to the court's decision.
"We are pleased with this initial victory today. 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," said Jim Oakes, vice-chairman of ADV.
"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. 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."
"We emphasize that we do not harbor any ill will towards anyone. In particular, we know there are many faithful Christians still in The Episcopal Church. We continue to pray for them and will continue to work together in as many ways as possible and cooperating in ministry projects like the Lamb Center," said Oakes.
The Rev. Jeff Cerar, Rector of St. Stephen's in Heathsville, Va., one of the churches being sued, said, "The legal proceedings have been an unfortunate distraction to our churches, but we have not allowed this to interfere with our ministry of sharing the love of Christ and the life-transforming power of the Gospel."
The Rt. Rev. Martyn Minns CANA leader said the Court's ruling in favor of the CANA congregations was a good start. "Judge Bellows accepted our arguments that Virginia State Statute 57-9 applied in our situation, in particular that there has been a division and that we have the right to join a different branch of the Anglican Communion."
"There will be another hearing on the constitutional issues that have been raised and I am sure that there will be a variety of appeals but we are confident of the rightness of the path that we have chosen and grateful to God for his favor," he said.
The Episcopal Church and the Diocese abruptly broke off settlement negotiations in January 2007 and filed lawsuits against the Virginia churches, their ministers and their vestries. The decision of The Episcopal Church and the Diocese to redefine and reinterpret Scripture caused the 11 Anglican churches to sever their ties.
A canon lawyer and church attorney said, on reading the ruling that from a "legal" point of view the Episcopal Church's hold on properties is now tenuous at best.
He said that while the impact is limited to Virginia because the decision is based on a unique Virginia statute, from a public relations view, it is very substantial and holds out hope for other parishes in similar situations. The Episcopal Church repeatedly says that this is a tiny minority and that all is well. Cleary this is not the case and would indicate that TEC is falling apart. The ruling claims there was no division.
The Anglican District of Virginia (www.anglicandistrictofvirginia.org) is an association of 21 Anglican congregations in Virginia. Its members are in full communion with constituent members of the Anglican Communion through its affiliation with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican Archbishops.
Episcopal parishes awarded property, assets [The Washington Times, Apr. 4, 2008]
Anglican ping!
Glad the Episcopals in VA aren’t putting up with the liberal takeover. Here in Michigan, no one seems to make much noise about it. Our family had to leave the Episcopal church after it became rock ‘n’ roll. I went to a Catholic mass with my daughter last month, and it brought back so many good memories of the Episcopal church of my childhood. I had forgotten what a real worship service was like.
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.
Church denominations can pass all the internal laws they want, but, like any other organization, they are subject to the law of the land, and their internal laws can be overruled by secular courts.
This ruling is a blow too against any Muslims who seek to impose sharia law anywhere in the United States.
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Well, actually, the secular courts have been quite clear on the matter, and have consistently ruled in favor of the Episcopal Church's ownership interests over those of the local congregations.
Must've been a very good church or at least not your typical modern Mass. It astounds this lifelong Catholic that it didn't make you run screaming in the other direction! ;)
I guess the Episcopal Church of your childhood still used the 28 Prayer Book?
“and yet continue to occupy Episcopal Church property”
An interesting question comes to mind. How many, when they joined the local parish ever heard that every penny they gave as their pledge, tithe or offering, as soon as it clanked on the metal offering plate, belonged to the Diocese and TEC? That every dime of their offering used to pay off the mortgage or debts of the local parish only increased the assets of the Diocese and TEC and not the local parish. How many were told this before they joined the parish or were reminded of this periodically?
Could you refer us to a case either from the State of Virginia or one involving a congregation which existed prior to the Episcopal Church?
i know what you mean... and i've heard others, who had grown up in liturgical churches who have been in non-liturgical churches for years, say the same thing... now that i know what all the symbolism means, i find it very beautiful... and i miss it... last year i took my sons to a Good Friday service at our local Catholic church... the priest gave the best Christian message i had heard in a long time... my sons really liked it... i am considering attending a liturgical church... frankly i am becoming disenchanted with the "corporate-like" churches i've been attending for the last 25 years...
The King’s Chapel case in 1787 where an Episcopal church in Boston became Unitarian and was able to leave with its property.
There you go.
Yes it is the 28 prayer book that I remember from childhood. In terms of the Mass I went to, I suppose I am using the term "real worship service" in a relative rather than absolute sense. It was actually probably more like the typical modern Mass. It was in the chapel at the Catholic high school where my daughter will go next year. However, it incorporated many more elements of traditional worship than the feel-good church we are presently attending until we decide what to do next.
Yes, I am already disenchanted. Our church over the last couple of years has gotten down to singing only one actual hymn per service. The twenty-somethings have taken over the music complete with overhead projector, hand-waving, and inane pop lyrics. My husband put his finger on it one Sunday. The pop Christians songs are designed to make the singer and hand-waver feel good, not to actually worship God. It is more of a self-worship--look how warm and fuzzy I feel!!! My husband was baptized Catholic and it looks like we are headed back in that direction. Although from what I hear, we have to be careful what Catholic church we choose as well.
A cursory search didn't turn up anything specific to Virginia, but I didn't try very hard; however, there is a large body of precedent from Federal and state courts that rule in favor of the church (not just Episcopal) over the local congregation.
The real issue is "existed prior to the Episcopal Church," and whether that fact has precedence over the Dennis Canon (which has been upheld by numerous decisions). They may have a chance there, but I suspect this ruling gets overturned on several criteria, including First Amendment grounds (the heirarchical Church gets to define the rules regarding the control of individual parishes), and on the fact that these parishes have acceded to the rules of the Church for 200 years.
Some of the relevant precedents, which have been key to deciding a variety of Episcopal and other property cases, are available here.
The U.S. Constitution wasn't in force then. Also, there was no formal Episcopal Church until 1789, when (according to wikipedia), "the Episcopal Church was formally separated from the Church of England in 1789 so that clergy would not be required to accept the supremacy of the British monarch."
So I don't think that's a particularly compelling counter to the existing jurisprudence over the past 150 years.
And of course, the Dennis Canon which gave the parishes to the Dioceses came into existence about 30 years ago.
When the national church got into the act I don’ know.
Did the Epsicopal Church pay for the property when it was taken from the Anglican Church? If not, hasn't it got a pretty weak claim?
Until the Dennis canons of 1979, there was no claim of an implied trust of parish properties by the diocese or denomination.
So to answer your question: NONE.
In order to avoid "excessive entanglement" in religion--barred by the U. S. Constitution, state courts have pretty consistently deferred to church denominational governance in legal disputes with congregations.
What makes this case special is Virginia passed a law in the '90s saying that in cases of a denomination-wide split (it can't just be one church or so) ownership of the property goes to who possesses it....the congregation. The judge just ruled here, that yep, it is a denomination-wide split--so the law, IF IT IS CONSTITUTIONAL, should apply.
TEC's 2nd prong is the claim that the Virginia law is unconstitutional....since it entangles the courts so much....(odd, since it is TEC who asked the courts to be entangled in the 1st place).
Did the Epsicopal Church pay for the property when it was taken from the Anglican Church? If not, hasn't it got a pretty weak claim?
Since the Episcopal Church "broke" with the official Church of England organizationally, due to the Revolutionary War, there was never any dispute with the C.of England (which amounted to the English government)over these properties. The issue at hand is that ex-Episcopaleans-now-Anglicans possess and operate the churches, The (liberal & apostate) Episcopal Church does not.
The odd thing, argument-wise is that TEC is still in communion (technically) with all the international churches which sponsor the break-away Anglican denominations. Consistently, if these priests and churches have "broken communion" with TEC, as TEC claims, than TEC must argue that they themselves are no longer in communion with the larger worldwide Anglican Communion.
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