Church fighting Civil War-era Virginia law

Associated Press
November 14, 2007

Episcopal Church leaders yesterday argued that a Civil War-era Virginia law governing church splits does not apply to its dispute with 11 Northern Virginia congregations in their effort to leave the denomination in a dispute over biblical authority and homosexuality.

At issue is an 1867 state law saying that a majority vote determines whether a congregation can realign and keep its property when a church faces internal division. The 11 congregations voted to leave the denomination, but Episcopal leaders reject the validity of those votes because no formal division has been recognized by the Episcopal hierarchy.

"Only the governing body of a hierarchical church has the power or authority to declare a division of such a church," the diocese wrote in court papers.

But Steffen Johnson, attorney for the 11 congregations, said history shows that the Virginia General Assembly envisioned exactly this type of dispute when it enacted the law. At the time, Protestant churches had been torn apart over slavery and secession, and the splits were never amicable or formally recognized by both sides.

"From the days of Thomas Jefferson, James Madison and George Mason, the Commonwealth of Virginia has a long history of deferring to local control of congregational property," Mr. Johnson said in his opening statement in the two-week trial, which began yesterday in Fairfax County Circuit Court.

The 11 disaffected congregations, now members of the Convocation of Anglicans in North America (CANA), want to leave the Episcopal Diocese of Virginia with their land and buildings, but the diocese and the national denomination are suing for the property, worth millions of dollars.

In court papers, diocesan lawyers argue that requiring a judge to rule on whether a "division" has occurred in the Episcopal Church sets up an unconstitutional intrusion into the church's religious affairs.

The 1867 law must be interpreted in light of the Episcopal Church being a hierarchical organization that vests ultimate authority in its presiding bishop and national governing bodies rather than the congregational level.

No matter how Circuit Court Judge Randy Bellows rules, the property dispute likely will remain unresolved. If Judge Bellows rules that the Virginia law applies, the diocese can challenge the voting procedures used by the congregations or the constitutionality of the 1867 law, arguing that religious freedom is infringed upon when the state interjects itself into disputes over canon law.

If he rules the law does not apply, the two sides could still argue over whether the individual congregation or the diocese are the ultimate owner of the property and whether a trust interest claimed by the Episcopal Church is valid.

The 11 congregations, including the Falls Church in Falls Church and Truro Church in Fairfax, urged the Episcopal diocese in a statement yesterday to resume settlement talks or withdraw their lawsuit, which has cost millions of dollars in legal fees.

"The legal proceedings have been an unfortunate distraction from all the good work our churches are doing to advance the mission of Christ," said Jim Oakes, vice chairman of the Anglican District of Virginia, which is part of CANA.

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