The trial phase of the case involving 11 Virginia congregations where the majority voted to leave The Episcopal Church last year ended Nov. 20, a day ahead of schedule, after lawyers for both sides agreed not to call an expert witness on Wednesday.

A decision is unlikely before late January, however. Yesterday Fairfax Circuit Judge Randy I. Bellows requested submission of all closing arguments in writing no later Jan. 17. The schedule calls for lawyers for the 11 congregations to submit their closing brief by Dec. 21. The diocese and national church then have until Jan. 11 to respond, with lawyers for 11 congregations required to submit their reply no later than Jan. 17.

The dispute, which includes two Colonial Era churches and property worth tens of millions of dollars, began last year after the Diocese of Virginia contested a legal filing made by the 11 congregations with the Commonwealth of Virginia stating that a division had occurred. Under an 1867 Virginia law, the local congregation is entitled to decide “by majority vote” which side they wish to join. Majorities at the Episcopal congregations had voted to leave the diocese and affiliate with the Convocation of Anglicans in North America (CANA), a missionary branch of the Anglican Church of Nigeria.

One question before the court is whether the Virginia statute applies in this circumstance. Lawyers for the national church and diocese contend that it does not, because under the church’s bylaws, once an individual decides to leave The Episcopal Church the person automatically relinquishes all custodial responsibility for church assets.

Judge Bellows also instructed both sides yesterday to include discussion of the constitutionality of the Virginia statute in their closing arguments, specifically the First Amendment clauses protecting freedom of religious affiliation for individuals and the prohibition against government establishment of a state church.

Earlier in the trial, lawyers for the 11 CANA congregations successfully submitted into evidence previous examples when the Virginia statute was used to resolve disputes involving other denominations. They also were able to introduce a diocesan task force report which formally acknowledged that a serious division had occurred after the 2003 General Convention. The task force recommended a negotiated settlement. The diocese and national church have argued that congregations never received proper authorization to leave.

The case has included extensive testimony and cross examination of several witnesses, including Presiding Bishop Katharine Jefferts Schori on Nov. 15. CANA lawyers played about 50 minutes of excerpts from her video testimony in which she revealed that she personally authorized litigation rather than a negotiated settlement.

By contrast, testimony from witnesses today was for the most part brief. David Booth Beers, the Presiding Bishop's chancellor, was the last witnes called. He repeatedly stated that under The Episcopal Church's constitution and canons only General Convention can effect a division. 

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