Fairfax County Circuit Court Judge Randy Bellows issued an opinion June 27 in favor of 11 Virginia congregations where the majority of members voted to leave The Episcopal Church in 2006 and affiliate with the Anglican Church of Nigeria.
Judge Bellows’ decision concerned the constitutionality of a Civil War-era Virginia statute which permits a local congregation to decide the fate of its property by majority vote in the event of a denominational split. Judge Bellows previously ruled in April that under the terms of Virginia Statute 57-9A), a split had occurred within The Episcopal Church.
The decision addressed whether the Virginia statute violated the Free Exercise or Establishment Clauses of the First Amendment, the Equal Protection Clause of the 14th Amendment and the “Takings” Clause of the Fifth Amendment.
The case is by no means over, however. One constitutional issue which the court did not resolve in its opinion is the assertion by The Episcopal Church and the Diocese of Virginia that the Virginia statute violates contract rights.
We invite your response to this article through a Letter to the Editor. Email your letter to tlc@livingchurch.org. Please include your name, city and state.
To find more news, feature articles, and commentary about the Episcopal Church and the Anglican Communion not available online, read The Living Church magazine each week. Click here to start your subscription.
Read more about the case here:
1 Comment
Thank God for some good old common sense and well reasoned social justice from Judge Bellows today in the case of the DoV/TEC against 11 brave congregations.
Even KJS has stated that there is a division in TEC and CANA is a valid branch. Therefore 57-9 is a neutral principle which can be applied. This law was set up to avoid complicated lawsuits concerning religious matters. It has been fairly enacted in this case. The diocese should concede to the reasonableness of the case and work on building a working relationship with the CANA branch of Anglicans in Virginia as they promised to do in their 'Protocol for departing congregations'.
The Rev R T Adams
www.pwcweb.com/ecw