Virginia Supreme Court agrees to hear The Episcopal Church appeals on Virginia law 57-9

Wednesday, October 14, 2009

Counsel for the Virginia churches that voted to separate from the Episcopal Diocese of Virginia as well as counsel for The Episcopal Church (TEC) have received calls indicating that TEC's appeals have been granted as expected by the Supreme Court of the Commonwealth of Virginia. Originally the Diocese and The Episcopal Church were granted a hearing (called a "writ panel argument") prior to being granted their appeals, but now the appeals have been granted without the hearing. These appeals are for the rulings handed down by Judge Randy Bellows in Fairfax Circuit Court last year. As a result of this ruling, the oral arguments scheduled for October 21, 2009 have been canceled.

"The fact that the Virginia Supreme Court is going to hear an appeal of this case was expected," said Jim Oakes, Vice-Chairman of the Anglican District of Virginia, of which the nine churches are members. "We continue to be confident in our legal position and in the rulings of the Fairfax County Circuit Court. These rulings, among other things, found the Virginia Division Statute constitutional."

"While we are and have been prepared to continue to defend ourselves, we are ready to put this litigation behind us so we can focus our time, money and effort on the work of the Gospel," Jim Oakes also said.

"We are pleased that the Court has agreed to hear this important case regarding the ability of the Episcopal Church and other hierarchical churches to organize themselves according to their beliefs without unwarranted governmental interference," Henry Burt, a litigator who is Secretary of the Diocese. "We welcome this next step to bringing exiled Episcopalians closer to returning to their church homes."

Note that Henry Burt uses the exact same phrase "unwarranted governmental interference" that Bishop Johnston was supposed to have written himself in his letter to the Diocese last week.

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