Lawyers representing 11 congregations that voted to leave the Diocese of Virginia presented opening arguments and called their first witnesses this morning in a Fairfax County courthouse. The Episcopal Church reserved the right to make its opening statement at a later time. The trial is expected to last six days.

The dispute involves ownership of historic church buildings dating back to the early part of the 18th century and prime real estate worth tens of millions of dollars. Many of the 11 congregations remain in the buildings where they formerly worshiped as Episcopalians. The 11 are now part of the Convocation of Anglicans in North America (CANA), a missionary outreach of the Anglican Church of Nigeria. Bishop Martyn Minns, the former rector of Truro Church, one of the 11 congregations, was consecrated Bishop for CANA in August 2006.

The diocese and national church have sued to recover the property on behalf of former members of those congregations who wish to remain with The Episcopal Church. Episcopalians from at least four of the 11 congregations are now meeting elsewhere under the care of clergy supplied by the diocese.

A state statute dating back to divisions over slavery and the Civil War provides that when a church or religious society experiences a division, local congregations may vote to determine with which branch of the divided body they wish to affiliate. The Richmond Times-Dispatch recently reported that Fairfax Circuit Judge Randy I. Bellows has ruled that the trial will focus on whether there has been a division within The Episcopal Church and the Diocese of Virginia, whether the Anglican Communion meets the law’s definition of a church or religious society, whether there is a division in the Anglican Communion, and whether the departing congregations were attached to the Anglican Communion.

The diocese is expected to argue that The Episcopal Church is a hierarchical national church and that in a hierarchical church only the official governing bodies are capable of determining when a formal split has occurred.

The case is being closely watched not only because of the amount of money at stake, but also because the outcome is likely to set a precedent for how far courts are willing to go in applying secular law principles to future religious disputes.

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