Fairfax County
By Gregg MacDonald
Source: Fairfax County Times
TUESDAY, NOVEMBER 27 2007
A court hearing between the Anglican District of Virginia and the Episcopal Diocese of Virginia for rights to 11 church properties has ended for now.
The week-long trial, presided over by Fairfax County Circuit Court Judge Randy L. Bellows, began Nov. 13 and concluded Nov. 20, with Bellows taking the case under advisement.
Last January, two of Fairfax County's oldest Episcopal churches, the Falls Church and Truro Church, made national headlines by leading a secession of 11 parishes, including the Church of the Epiphany in Oak Hill, from the Episcopal Church.
The group joined the Convocation of Anglicans in North America, which is part of the Church of Nigeria, led by controversial Archbishop Peter J. Akinola, who has openly called for outlawing same-sex relationships in his own country.
Many conservatives were outraged in 2003 when the Episcopal Church, which is the American branch of the Worldwide Anglican Communion, installed an openly gay bishop in New Hampshire.
Last year Bishop Katharine Jefferts Schori, a supporter of New Hampshire Bishop Eugene Robinson, was named to head the Episcopal Church nationally. This action further angered conservatives.
A Civil War-era Virginia law may be the determining factor in the ongoing property dispute.
The statute (Va. Code § 57-9) provides that when a religious denomination or diocese experiences a “division,” member congregations may determine by majority vote which branch of the divided body they wish to join.
It also decrees that this determination governs the ownership of property held in trust for the congregation.
During the hearing, attorneys for both sides argued over the legal definitions of the terms “division” and “branch,” questioning 19th-century documents and newspaper reports of previous divisions within the Episcopal, Presbyterian and Methodist churches.
According to Steffen Johnson, lead counsel for the 11 ADV churches, “this hearing was focused on the meaning of the statute and whether the CANA congregation applies. Both sides put on expert witnesses to talk about the history of denominational splits in the 19th century leading up to the statute's adoption.”
According to Johnson, Bellows has requested three briefs from both sides, with respective deadlines of Dec. 21, Jan. 11 and Jan. 17.
The briefs will address the constitutionality of the statute and argue “what the evidence means in light of the governing law,” according to Johnson.
Bellows will then determine if a constitutionality hearing will be necessary or if a ruling can be made based on the initial trial and the arguments contained in the briefs.
“We are grateful that the trial is over and remain confident in the success of our legal position, ” Jim Oakes, vice-chairman of ADV, said in a release.
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