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VIRGINIA: Judge Rules in Favor of Dissenting Anglican Churches

VIRGINIA: Judge Rules in Favor of Dissenting Anglican Churches
Historic Ruling Halts Episcopal Attempt to Seize Control of Church Property

By David W. Virtue
www.virtueonline.org
4/4/2008

A judge in Fairfax County Court has ruled in favor of a group of 11 churches, all members of the Anglican District of Virginia (ADV) who want to keep their properties. Last year they broke free from The Episcopal Church and the Diocese of Virginia and came under the Convocation of Anglicans in North America (CANA), the Nigerian branch of the Anglican Communion established in the United States.

Judge Randy I. Bellows, citing the Virginia Division Statute (Virginia Code § 57-9), said the churches could keep their property, at least for the moment, although the Episcopal Church is expected to issue a challenge to the court's decision.

"We are pleased with this initial victory today. We have maintained all along that The Episcopal Church and Diocese of Virginia had no legal right to our property because the Virginia Division Statute says that the majority of the church is entitled to its property when there is a division within the denomination. Our churches' own trustees hold title for the benefit of the congregations," said Jim Oakes, vice-chairman of ADV.

"We urge our friends in the Diocese of Virginia and The Episcopal Church to respect the court's ruling and join with us to begin a process of healing. These are also the wishes of the worldwide Anglican Communion, as prolonging this process - pitting Christian against Christian in court - does nothing to save one soul, strengthen one family, or help one person in need. Let us choose healing over litigation and peaceful co-existence over lawsuits, and let us devote all our resources to serving Christ and helping others around the world."

"We emphasize that we do not harbor any ill will towards anyone. In particular, we know there are many faithful Christians still in The Episcopal Church. We continue to pray for them and will continue to work together in as many ways as possible and cooperating in ministry projects like the Lamb Center," said Oakes.

The Rev. Jeff Cerar, Rector of St. Stephen's in Heathsville, Va., one of the churches being sued, said, "The legal proceedings have been an unfortunate distraction to our churches, but we have not allowed this to interfere with our ministry of sharing the love of Christ and the life-transforming power of the Gospel."

The Rt. Rev. Martyn Minns, CANA leader, wrote that the Court's ruling in favor of the CANA congregations in Northern Virginia was a good start. "Judge Bellows accepted our arguments that Virginia State Statute 57-9 applied in our situation, in particular that there has been a division and that we have the right to join a different branch of the Anglican Communion."

"There will be another hearing on the constitutional issues that have been raised and I am sure that there will be a variety of appeals but we are confident of the rightness of the path that we have chosen and grateful to God for his favor," he said.

The Episcopal Church and the Diocese abruptly broke off settlement negotiations in January 2007 and filed lawsuits against the Virginia churches, their ministers and their vestries. The decision of The Episcopal Church and the Diocese to redefine and reinterpret Scripture caused the 11 Anglican churches to sever their ties.

Upon reading the ruling, a canon lawyer and church attorney said, that from a "legal" point of view, the Episcopal Church's hold on properties is now tenuous at best.

He said that while the impact is limited to Virginia because the decision is based on a unique Virginia statute, from a public relations view, it is very substantial and holds out hope for other parishes in similar situations. The Episcopal Church repeatedly says that this is a tiny minority and that all is well. Clearly this is not the case and would indicate that TEC is falling apart. The TEC ruling claims there was no division.

The Anglican District of Virginia www.anglicandistrictofvirginia.org) is an association of 21 Anglican congregations in Virginia. Its members are in full communion with constituent members of the Anglican Communion through its affiliation with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican Archbishops.

END

The judge's ruling can be found here:
Judge's ruling on applicability of division statute [13mb PDF].

Virginia Anglican Churches Prevail in Court
News Release from Anglican District of Virginia
http://anglicandistrictofvirginia.org/content/view/70/41/

The initial response from the Diocese of Virginia can be found here: www.thediocese.net/News_services/pressroom/newsrelease49.html

END

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