The Episcopal Church will not suspend or withdraw from property lawsuits it initiated unless there is a comprehensive agreement that takes into consideration “all the other recommendations of the primates’ communiqué,” said David Booth Beers, chancellor for the Presiding Bishop.

Mr. Beers responded Feb. 26 to a proposal to suspend property litigation that was made by lawyers representing some of the 11 congregations which voted in December to disassociate from the Diocese of Virginia. In their Feb. 19 communiqué, the primates had unanimously “urge[d] the representatives of The Episcopal Church and of those congregations in property disputes with it to suspend all actions in law arising in this situation.”

In his reply Mr. Beers noted that the leadership of the departing congregations have not made any effort to come into compliance with the requests made by the primates in their communiqué.

“Indeed, the recommendations in the primates’ communiqué concerning a possible suspension of civil litigation over property matters specifically urge all parties in this context to ‘provide assurances that no steps will be taken to alienate property from The Episcopal Church without its consent’,” Mr. Beers stated. “The church is unaware of any movement in this regard on the part of the congregations involved in the pending litigation.”

The Anglican Communion is a federation and has no legal authority over the affairs of its members, said Mr. Beers. Within that context, the primates “undertook to offer a number of interrelated ‘recommendations’, one of which dealt with circumstances under which the differing parties could see their way to withdrawing from civil litigation over property matters. All these recommendations, taken together, call for a number of steps to be considered over time by the bishops and other leaders of The Episcopal Church,” he added.

Withdrawing litigation in Virginia at this time would offer no guarantee of an amicable settlement and would severely limit the church’s ability to ensure the availability of parish property for ministry and mission, he said.

“Any proposal for such a step should be considered by the church in connection with all the other recommendations of the primates’ communiqué that are under consideration by the leaders and other interested persons within the church, and in the context of developments that may protect the church’s interests in other ways. As noted, this involves a process that will be undertaken over time, in accordance with the rules and procedures of the church.”

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