Diocese and Congregations Argue Virginia Property Case

Elizabeth Hudgins and Steve Waring
Posted on: May 29, 2008

Lawyers for The Episcopal Church and the Diocese of Virginia challenged the constitutionality of a 141-year-old Virginia statute that grants congregations control over local church property in the event of a denominational split in Fairfax County Circuit Court on May 28. They also claimed the law discriminates against hierarchical denominations in favor of congregational ones.

The statute was in turn defended by a representative of the Virginia Attorney General’s Office and lawyers representing 11 departed congregations, who pointed out that the issue could have been avoided if the diocese had broken with its custom of placing title to parish property with the elected leadership of the local congregation.

Last month, Judge Randy Bellows ruled that a division within The Episcopal Church had occurred and that the statute was applicable in the case of the 11 congregations which have subsequently affiliated with the Anglican Church of Nigeria as the Convocation of Anglicans in North America (CANA). The hearing was to determine whether Virginia Statute 57-9 was a constitutionally prohibited government intrusion into the internal working of a religious denomination.

At one point Judge Bellows noted that the diocese already has specific title to 29 plots of land and questioned the lead lawyer for the Diocese of Virginia why it had not required title of all church property to be held directly in the name of the diocese.

Heather Anderson, a lawyer representing The Episcopal Church, responded that the church seeks to encourage full participation by members of the laity and there is an expectation that under the so-called Dennis Canon title to all church property is held in trust for the diocese. Williams Hurd, a lawyer representing the Diocese of Virginia, said that asking churches, some of which were incorporated before the Diocese of Virginia existed, to put title in the name of the bishop would be tantamount to saying that The Episcopal Church no longer trusts the local leadership and “would disturb the peace and unity of the church.”

“The Episcopal Church could have changed their method for titling property but they chose not to,” said Virginia Solicitor General William E. Thro, as reported by The Washington Times. “Now that choice has consequences.”

Steffen Johnson, a lawyer representing the departed parishes, argued that applying the law does not require the court to delve into questions of doctrine and that the diocese had the means and ample opportunity to bring its own bylaws into compliance with the Virginia statute. The U.S. Constitution, Mr. Johnson said, does not exempt religious denominations from complying with relevant federal, state and local laws.

“You can’t have the sweet without the bitter,” he said. “You want the land to be yours, but you’re not willing to make the contractual deal which would include other issues and problems.”

Judge Bellows is not expected to rule on the constitutional issue for at least a month.

This article comes from The Living Church Foundation
http://www.livingchurch.org/

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