Episcopal Church to challenge property rights ruling by Virginia circuit court
[Ed. Note: This case has a long history. When Bishop Peter Lee voted to consecrate V. Gene Robinson at the 2003 General Convention, he returned home to Virginia to a hornet's nest of protest. Some 18 parishes began the process of leaving the diocese. This legal action began with an amicable agreement between now retired Bishop Lee and 12 of these parishes, that they could purchase their properties and leave. Shortly after her institution in 2006, Presiding Bishop Katherine Jefferts Schori made it clear that this would leave the diocese and the bishop open to legal action by the national church. Bp. Lee rescinded his agreement with the parishes and this action to legally gain control of the properties was initiated. Judge Randy Bellows executed his ruling in December, 2008, - after a year-long trial - giving the properties to the parishes that left the Diocese of Virginia. All aspects of the trial were adjudicated under the 1867 Division Statute, cited below, which was given its own hearing by Judge Bellows. He determined that the ruling was still constitutional and in effect. Bellows also ruled that a split had occurred within the Episcopal Church over differences of opinion re: the Authority of Scripture and other items of polity and doctrine. At the close of the three segment trial, he awarded the properties to the parishes, not the diocese. The diocese appealed that verdict to the Virginia Supreme Court several weeks later. That appeal will be argued this coming Tuesday, April 13. No verdict is expected for several months. No matter the outcome, this case will not set legal precedent for other parishes in other dioceses because no other state still has this exact Post-Civil War "statute of division" in effect. Cheryl M. Wetzel]
http://www.washingtonexaminer.com/local/blogs/virginia-confidential/Episcopal-Church-to-challenge-property-rights-ruling-by-Virginia-circuit-court-90226622.html
By: Amy Seed
Special to The Examiner (washingtonexaminer.com) the Washington Examiner
04/08/10 12:39 PM EDT
A longstanding dispute over property rights in Northern Virginia between the Episcopal Church and the Convocation of Anglicans in North America will be heard by the Virginia Supreme Court April 13th.
Two appeals will be presented to the court, one by the Episcopal Church and one by the Episcopal Diocese of Virginia. The denomination will challenge the state’s “Division Statute,” (cited below)
[§ 57-9. How property rights determined on division of church or society.
A. If a division has heretofore occurred or shall hereafter occur in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority of the whole number, determine to which branch of the church or society such congregation shall thereafter belong. Such determination shall be reported to the circuit court of the county or city, wherein the property held in trust for such congregation or the greater part thereof is; and if the determination be approved by the court, it shall be so entered in the court's civil order book, and shall be conclusive as to the title to and control of any property held in trust for such congregation, and be respected and enforced accordingly in all of the courts of the Commonwealth.
B. If a division has heretofore occurred or shall hereafter occur in a congregation whose property is held by trustees which, in its organization and government, is a church or society entirely independent of any other church or general society, a majority of the members of such congregation, entitled to vote by its constitution as existing at the time of the division, or where it has no written constitution, entitled to vote by its ordinary practice or custom, may decide the right, title, and control of all property held in trust for such congregation. Their decision shall be reported to such court, and if approved by it, shall be so entered as aforesaid, and shall be final as to such right of property so held.
(Code 1919, § 40; 1972, c. 825; 2005, cc. 681, 772.)]
which they argue is unconstitutional. The church lost property valued at approximately $30 million during a 2008 ruling by the Fairfax Circuit Court, which granted CANA ownership of the property.
“It’s regrettable that we find ourselves here, but it’s also absolutely necessary to safeguard our church and to safeguard the legacy of our members,” said Henry Burt, secretary and chief of staff for the Diocese of Virginia.
In late 2006 and early 2007, 11 parishes in Northern Virginia seceded from the Episcopal Church and joined the Convocation of Anglicans in North America. The Fairfax Circuit Court ruled that these parishes were allowed to keep church property that previously belonged to the Episcopal Church.
The Anglican District of Virginia followed the protocol of the 1867 “Division Statute,” but the Episcopal Church claims the ruling ( see http://www.washingtonexaminer.com/local/Episcopalians-appeal-property-ruling-to-Virginias-high-court-42774137.html) under the statute was unconstitutional. The argument of whether or not the state should be able to determine what is and is not a split within the church is a big determinant in their argument.
“These people left. They didn’t split our church. They just left,” said Burt.
In the event of division within a congregation, the “Division Statute” grants the church the right to decide property ownership based on majority vote. When the 11 congregations voted, some of the parishes voted as low as 70 percent while others voted an overwhelming 100 percent to sever ties with the Episcopal Church.
The Episcopal Church and the Diocese of Virginia share interest in fighting the statute. Not only do they want to re-gain ownership of lost parishes, but they disagree with state involvement in the loss of their sacred ground.
“The government is not allowed to establish a church or to tell a denomination how and what they believe,” said Burt. “In this case, the statute does both.”
The diocese wants the Virginia Supreme Court to send the case back down to the trial court and reconsider the ruling. Burt said the court should have to consider its canons and constitution as well as the structure of the Episcopal Church before making a final decision.
The Anglican District of Virginia tried to reach an agreement with the Episcopal Church before the case originally went to court, even offering to purchase the property. Despite the arguments of the Episcopal Church, the Anglican District of Virginia does not regret breaking away from the church.
“We’re confident in our position. We’re confident that we’ve stayed a very strong and valid legal case, that the statute is constitutional, but we never wanted to be here. We never wanted to be in this situation,” said Jim Oakes, chairman of the Anglican District of Virginia.
Divisions began in the Episcopal Church after the 2003 general convention. The main issue sending Episcopalians to Anglican congregations was the decision by the Episcopal Church to ordain a homosexual man as a bishop.
Another issue that caused separation was a series of controversial statements by the Most Rev. Katharine Jefferts Schori, presiding bishop and primate of the Episcopal Church, about there being more than one means to salvation.
“We felt that the Episcopal Church had departed from biblical teaching and departed from the authority of Scripture,” said Oakes. “We felt that for our own survival as churches we had to separate from the Episcopal Church.”
Two of the 11 churches owned no church property and already settled with the Episcopal Church. The remaining nine are Church of the Apostles, Truro Church, The Falls Church, Church of the Epiphany, St. Margaret’s Anglican Church, Church of Our Saviour, Church of the Word, St. Paul’s in Haymarket and St. Stephen’s in Heathsville.
The court decision will determine if the case needs to be moved back to the circuit court to be reconsidered. As of now, the property belongs to the Anglican District of Virginia. The hearing will be open to the public.