Another Battle Joined in Virginia

November 13, 2007

The soil of the Commonwealth of Virginia has been the scene of many momentous battles throughout the history of this country. In the American Revolution and Civil War, we as a people spilled our blood for freedom and the future of this country on the battlefields of war. In later times, Virginia was often at the forefront of the battles to end racial segregation in our schools and public places; I know, for I grew up in Virginia in those times. Today, Virginia is hosting another battle for freedom, as the "Virginia Eleven" go to court to begin a hearing against the Diocese of Virginia and TCGC over who shall retain ownership of such historic church properties such as Truro Church in Fairfax, and the Falls Church, both of which existed as Anglican congregations before those first Revolutionary battles were fought.

To review the story in Virginia, in late 2006 fifteen Virginia Episcopal Churches went through a discernment process and voted to disaffiliate with TCGC. The Churches met every step set forth In a unanimously-passed Protocol in DioVA that set forth procedures for discernment, voting, and negotiation for disposition of property. They also complied with the provisions of the Virginia Division Statute, VA Code section 57-9, which provides for congregations to separate from larger church bodies and retain their property. They also executed "Standstill Agreements" with DioVA, which included an agreement to “seek in good faith to negotiate with each other an amicable resolution of their differences concerning property and clergy status.”

In January 2007, just as actual property negotiations were set to begin, DioVA reversed itself, abandoned/breached the Protocol and Standstill Agreements, and filed suit against eleven of the Churches, and in so doing named as individual Defendants the Wardens, Vestry and Clergy of each church. The driving force behind this reversal of position was revealed soon thereafter when TCGC filed its own lawsuit against the same set of Defendants. The lawsuits and the respective churches' Division Statute proceedings have now all been consolidated in Fairfax County Circuit Court, where today's proceedings will take place. it is anticipated that the hearing will take several days, followed by a period of briefing, i.e., submission of written arguments.

The importance of this litigation cannot be understated. While Virginia's Division Statute adds a significant wrinkle to the issues which the Court will decide and may be a legal distinction between this and other property litigation, the outcome in these cases will nonetheless be viewed by both sides as a harbinger of where other property litigation now pending may go. Given Virginia's historic place as the epicenter of previous battles for freedom in this country, the symbolism of these cases is irresistible.

I will be honest here and say that my prayers are with counsel for the Virginia Eleven. The equities of Justicescales_2 this situation and other property litigation within TCGC all lie with the individual parishes. In my opinion, the Dennis Canon was an illegal and immoral violation of due process principles which have governed this country from its inception. For any so-called Christian organization to make such a blatant grab for property and assets, with no just compensation whatsoever, from so many churches which, if they do not pre-date the formation of the United States, have at least existed long before the Dennis Canon and have done so without a dime of support from TCGC or their Diocese, cannot be the kind of "pastoral" action contemplated by God and Jesus Christ when we were first taught to organize churches.

There is no moral or legal justification for the efforts of TCGC to grab parish property. The notion of "holding property in trust" is rendered without meaning by this action - in trust for whom? Truro Church, for example, voted 92% to leave TCGC - by what principle should 92% of the congregants of that church be deprived of their property that they have faithfully supported, maintained, renovated and filled with the Glory of God for some 300 years? The families of that parish have been baptized there, grown up in Christ there, married there, communed there, shared Christian fellowship there, and many have been mourned, if not buried, there. If not for these people, for whom exactly does TCGC think it is holding the property "in trust"?

The reality is that the campaign of litigation being waged by TCGC does not represent any legitimate use of the word "trust" nor does it hold any moral or legal high ground. As we often see in our court system, however, it does not mean they will not prevail through technical applications of principles of law relating to deferral by the Courts to church governance. The central truth of the 25 or so pending cases, and the dozen or so cases which may be filed in the near future, is that TCGC desires to crush any orthodox opposition in its midst rather than respect and include it within its so-called "inclusive theology." In TCGC's world-view, the punishment for opposition of its innovations is deprivation of property - either go along with their desecration of Scripture and their denial of the core tenets of the Faith which was once handed down from the Saints, or suffer the consequences of being cast out into the world without the benefit even of retaining your house of worship. As my friend Brad Drell once dubbed it, TCGC is a "Church Built on Fear."

I have no knowledge of the Judge who will decide this case. From his decisions so far, he is proceeding cautiously and with an even-handed approach, which is encouraging. My prayer is that he will see the clear equities of this situation and that he will recognize the rank inequity of TCGC's property grab. The Virginia Eleven deserve the opportunity to continue to worship in the places where their faithfulness has been nurtured and grown over the years. No good purpose would ever be served by kicking them out the doors into the street.

The Great Seal of the Commonwealth of Virginia is at the top of this post for a reason. The figures on the Seal are Virtue standing triumphant over Tyranny. The crown on the ground and the broken chain in Virtue's hand are symbols of freedom from the monarchical control of England. The motto, Sic Semper Tyrannis, or Thus Ever to Tyrants, expresses the belief that freedom and virtue should always triumph over tyranny. It is thus symbolically appropriate that the battle for freedom from the oppression of TCGC and its attempts to crush orthodox opposition are today joined in a courtroom under the Great Seal of the Commonwealth of Virginia.

This article comes from Still On Patrol
http://stillonpatrol.typepad.com/

The URL for this story is:
http://stillonpatrol.typepad.com/still_on_patrol/2007/11/another-battle-.html