Judge Overrules Objections During Virginia Testimony

Fairfax Circuit Judge Randy I. Bellows overruled all objections by lawyers representing the Diocese of Virginia and The Episcopal Church during morning testimony by bishops Martyn Minns and John Guernsey on Nov. 14. Paul Julienne, a member of the vestry at Truro Church, Fairfax, and the Diocese of Virginia’s reconciliation commission, also testified on the second day of what is expected to be a six-day trial.

The Diocese of Virginia brought suit after the majority at 11 Virginia congregations voted to leave The Episcopal Church. Most of the congregations subsequently affiliated with the Anglican Church of Nigeria. All Saints’, Woodbridge, the parish where Bishop Guernsey served as rector for more than 20 years, affiliated with the Anglican Church of Uganda. The diocese is seeking eviction of the breakaway Anglican congregations and court recognition that it lawfully holds title to the properties which are worth tens of millions of dollars.

Bishop Minns testified first, responding to questions for about 30 minutes for lawyers representing the breakaway congregations. He was then cross-examined by lawyers for the diocese and national church for about 20 minutes. Bishop Guernsey testified next for about 20 minutes with 10 minutes of cross examination.

Lawyers for the diocese and national church questioned bishops Minns and Guernsey about the oaths they took to “conform to the doctrine, discipline and worship of The Episcopal Church” at the time of their ordination to the priesthood. They also sought answers to why the congregations did not all affiliate with the same overseas Anglican province after leaving The Episcopal Church.

Judge Bellows overruled lawyers for the diocese and national church who objected several times to responses they believed strayed impermissibly into theological doctrine. Yesterday afternoon Judge Bellows overruled diocesan lawyers who objected when lawyers for the breakaway congregations introduced evidence indicating that a key Virginia statute had been used as many as 20 times in the past to settle previous church property disputes. Virginia Code Section 57-9 states when a diocese or a denomination experiences a “division,” members of a congregation may determine by majority vote which side of the division to join, along with their property.

Elizabeth Hudgins

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