Back in 2003, the Episcopal Diocese of Central New York consecrated a gay bishop and allowed others to perform same-sex blessings.

The Church of the Good Shepherd in Binghamton, an Episcopal parish at the time, disagreed with this move and severed ties. Last year, the Diocese sued for Good Shepherd to leave the church building on Conklin Avenue, and in December, a state Supreme Court judge ruled in their favor.

On Friday, both sides were back in court.

“We’ve kind of moved on as a congregation and this is almost looking backwards now. So we were dreading it but here it is,” said Father Matthew Kennedy, Good Shepherd’s head pastor.

This time, the feud centers around a will by former Good Shepherd member Robert Brannan. He died in 1986 and left behind money in a trust fund for his parish.

Read it all.

Leaving the Episcopal denomination (while remaining in the Anglican Communion) has given Mr. [John] Yates the freedom to plant churches in urban areas amid many Episcopal churches. (One is next door to Christ the King.) His goal is to plant 20 churches in northern Virginia before retiring. Christ the King was the third, and a fourth was recently planted in Arlington. Mr. Kurcina, 33, who is my son-in-law, is preparing to plant a fifth in Fairfax County.

For a growing number of young preachers like Christ the King’s Mr. [David] Glade, planting and then leading a new church is an ideal option. As orthodox Anglicans, they didn’t feel welcome in the Episcopal church. And they felt a strong calling to lead their own parish. Mr. Glade grew up as an Episcopalian in Jacksonville, Fla. After graduation from Florida State, he came to The Falls Church as an intern and spent four years as a youth leader before attending Trinity Seminary outside Pittsburgh. He returned to The Falls Church eager to lead a theologically conservative Anglican congregation. “In order to do that, you had to go out and do it yourself,” he told me.

“Every new church has an awkward phase, figuring out who they are and getting to know each other,” Mr. Glade says. That phase is over. Christ the King has also become financially self-sufficient. It aims to be a “healthy church,” like its parent. “A healthy church reproduces itself,” Mr. Glade says. Christ the King may soon do just that. Its assistant rector wants to plant his own church.

Read it all.

A two-year-old church property dispute between Episcopalians and Anglicans appears to be on its way to the Virginia Supreme Court.

On Feb. 3, The Episcopal Church and the Diocese of Virginia together filed an appeal to the Virginia Supreme Court hoping to overturn a Dec. 19 decision by Fairfax Circuit Court Judge Randy Bellows in favor of the Anglican District of Virginia, known as ADV.

On Feb. 10, the Episcopal appeal was followed by a motion asking for an exception to the Supreme Court’s limit of 35 pages in appeal cases.

Read it all.

“There is a time to take that step and follow Christ,” said Matt Johnson, a delegate from Grace Episcopal Church in The Plains, Va. “I think this is one of those times. Yes, these relationships have integrity and are blessed. For 20 years, we have been talking about this. Let’s go do it.”

Frank Baxter, 70, a Front Royal resident who said he had been in a 24-year “committed relationship,” agreed.

“I would like to see the diocese accept us as full members of this church while we are still on the green side of the grass,” he said.

But opponents said the “relationships” could apply to any sexual partnership.

“I can envision that relationship with one of those persons married to someone else,” said a male delegate from Church of Our Saviour in Charlottesville. “What do we do about that?”

“I think we’re going to open some doors we do not wish to open,” said delegate Ann Davis from Louisa. “A 30-something woman told me her understanding of monogamy means ‘one at a time.’ There is nothing here about these relationships being ‘lifelong.’ ”

Read it all.

The Rt. Rev. Peter James Lee, who has been bishop of the Episcopal Diocese of Virginia for 24 years, announced yesterday that he will step down Oct. 1 to make way for a successor who was named in 2007.

The diocese, which covers northern and eastern Virginia and includes 80,000 members, is one of the largest in the Episcopal Church, the U.S.-based branch of the global Anglican Communion.

Starting this fall the diocese will be overseen by the Rt. Rev. Shannon Johnston, 50, an Alabama native who has worked in dioceses in the South and is known for his work in prison, music and HIV/AIDS ministries.

Read it all.

Virginia Episcopal Bishop Peter J. Lee said Friday that he will retire three months early, on Oct. 1, in a bid to save money for his financially-strapped diocese.

“My resignation will occur several months earlier that I had originally anticipated,” he said to 700 Episcopalians gathered at the Episcopal Diocese of Virginia’s annual council at the Reston Hyatt, “but I believe it is an appropriate and necessary response to the realities we face.”

His early resignation will save the diocese $63,000, one-quarter of his salary package that includes housing, travel and other benefits, according to diocesan treasurer Mike Kerr.

Read it all.

Update: A chart of some of the diocese of Virginia Statistics is here.

The judge dismissed a last-ditch effort by the diocese to keep the property when it claimed in September that part of the historic Falls Church in Falls Church city is actually owned by Christ Episcopal Church in Alexandria.

The judge seemed incredulous that the diocese would make such a claim, which, he said, contradicted the testimony of one of the experts ”” church historian Edward L. Bond ”” who appeared on the stand on behalf of the organization.

“Alexandria’s ownership of this property is an 11th-hour revision in theory made 17 months into this litigation, which was designed to fit into the narrowing window left by this court’s multiple letter opinions,” the judge wrote.

Read it all.

The selection of Robinson in 2003 set off a wide-ranging debate within the church, with conservative congregations saying that the Episcopal Church had abandoned historic doctrines and traditional teachings in a number of key theological issues ”“ including sexuality.

“While on paper this has been a battle about property, the division within our church has been caused by TEC’s decision to walk away from the teaching of the Bible and the unique role of Jesus Christ.,” Minns said.

“They are forging a prodigal path ”“ reinventing Christianity as they go ”“ which takes them away from the values and beliefs of the historical church here in the United States and the worldwide Anglican Communion as a whole.

Read it all.

A Virginia judge ruled on Friday (Dec. 19) that three parcels of land belong to parishes that have broken away from the Episcopal Church, handing conservatives an important, if tentative, legal win.

An 1867 state law, passed as Virginia congregations separated over slavery, allows a parish to disaffiliate from a denomination where a division has occurred while maintaining legal control over parish property.

Judge Randy Bellows of Fairfax Circuit Court ruled Friday the three parcels of land in Northern Virginia, which include church buildings, are covered by the “division statute,” as it is commonly known.

In April, Bellows ruled that a “division of the first magnitude” has arisen in the worldwide Anglican Communion and its U.S. branch, the Episcopal Church, over homosexuality.

Read it all.

Read it all.

Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.

The final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa.

Several previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal.

Read it all.

Read it all.

he Convocation of Anglicans in North America (CANA) Missionary Bishop Martyn Minns issued the following statement in response to the Fairfax County Circuit Court ruling in the church property trial between The Episcopal Church and eleven former congregations, now affiliated with the Anglican District of Virginia (ADV) and CANA, today:

“The Court’s decision is a great victory for religious freedom. It makes it clear that we cannot be forced to leave our churches and our foundational Christian beliefs because of the decision by the leadership of The Episcopal Church (TEC) to change the core components of our faith.”

“While on paper this has been a battle about property, the division within our church has been caused by TEC’s decision to walk away from the teaching of the Bible and the unique role of Jesus Christ. They are forging a prodigal path ”“ reinventing Christianity as they go ”“ which takes them away from the values and beliefs of the historical church here in the United States and the worldwide Anglican Communion as a whole.

“Our position has always been that we have a right to continue to hold dear the same things that our parents and most of the leaders of the Anglican Communion have always believed. The Bible is the authoritative word of God and is wholly relevant to all Christians today and for generations to come.

“We hope and pray that TEC will refrain from causing all of our congregations to spend more money on further appeals. The money could be used instead to provide more help to the least, the last, and the left out in our communities.”

“We continue to believe the Division Statute is a violation of the United States and Virginia constitutions because it intrudes into the freedom of the Episcopal Church and other hierarchical churches to organize and govern themselves,” said the Rt. Rev. Peter James Lee, bishop of Virginia. “Within the Episcopal Church, we may have theological disagreements, but those disagreements are ours to resolve according to the rules of our own governance.” Bishop Lee further stated, “We call on the CANA congregation occupying The Falls Church property to drop their claim on the endowment fund, and thus allow The Falls Church Episcopal to use the endowment for desperately needed outreach in the Falls Church area, in line with the original purpose of the fund.”

Read it all.

(Press release) The judge presiding in the church property trial between the Episcopal Church and eleven former congregations, now affiliated with the Anglican District of Virginia (ADV), ruled in the congregations’ favor today. The final rulings in this case concerned whether four parcels of property owned by the Anglican congregations were covered by the congregations’ Division petitions.

“We welcome these final, favorable rulings in this case. This has been a long process and we are grateful that the court has agreed with us,” said Jim Oakes, vice-chairman of ADV. “It is gratifying to see the court recognize that the true owner of The Historic Falls Church is The Falls Church’s congregation, not the denomination, and that the building is protected by the Division Statute. The Falls Church has held and cared for this property for over 200 years.”
“We hope that The Episcopal Church and the Diocese of Virginia will realize that it is time to stop this legal battle. In these economic times, we should be focused on helping our communities and spreading the Gospel, not spending millions of dollars on ongoing legal battles. The money we have been forced to spend to keep our property from being forcibly taken away from us is money that could have been spent in more productive ways.

“While the judge ruled that issues surrounding The Falls Church Endowment Fund will be heard at a later date, ADV is confident that we will prevail on this last outstanding issue,” Oakes said.

On April 3, 2008, Fairfax County Circuit Court Judge Randy Bellows issued a landmark ruling that acknowledged a division within The Episcopal Church, the Diocese of Virginia and the larger Anglican Communion. Judge Bellows affirmed that the Anglican congregations in Virginia could invoke the Virginia Division Statute (Virginia Code § 57-9) in their defense. The Virginia Division Statute states that majority rule should apply when a division in a denomination or diocese results in the disaffiliation of an organized group of congregations. On June 27, 2008, Judge Bellows issued a ruling that confirmed the constitutionality of Virginia Division Statute (Virginia Code § 57-9) under the First Amendment. On August 22, 2008, he issued a ruling that upheld the constitutionality of the Division Statute under the Contracts Clause of the Constitution.

“We hope that the Diocese will reconsider its previous promises to appeal. While we are 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,” Oakes concluded.

By the time St. Peter’s voted in March 2007, facts had changed drastically. The diocese already had threatened to sue the leave-takers. It already canceled – with very little notice – the health plans of the clergy involved, making the ministers scramble to find other coverage.

The bank account of one of the departing – St. Stephen’s in Heathsville, Va. – had been frozen by its bank because two groups were laying claim to the assets. This made it impossible for the majority who left – and who had hung onto the property – to pay anything from utility bills to salaries.

Plus, the diocese held the deed to St. Peter’s property. So the folks at St. Peter’s voted to stay. Their vicar, Bob Koth, wanted out.

“I respected the congregation’s wishes,” he told me. “I struggled with the decision to stay in the Episcopal Church. As things dragged out, we were late in taking that vote.”

Read it all.

Watch it all.

This is well worth the time.

This week, a judge in Fairfax County, Va., will hear the last round of arguments in a church property case that has drawn national attention. As a member of Truro Church, one of the parishes being sued by The Episcopal Church and Diocese of Virginia, I’d like to reflect on how we got to this point and what we could be doing with the money that has been spent on legal fees.

This journey started two years ago, when ten congregations, formerly part of the Diocese, voted to sever our ties with The Episcopal Church and affiliate with the Convocation of Anglicans in North America, a new denomination affiliated with the Anglican Church of Nigeria, thereby remaining with the worldwide Anglican Communion. These congregations are now part of the Anglican District of Virginia, which has grown to include 23 Virginia congregations in its short history.

We made that decision soberly and prayerfully, based on actions of The Episcopal Church to walk away from what we see as the basic tenets of the Christian faith. Our decision was not about issues of lifestyle or minor differences of opinion. We simply could not continue to be led by a church body that would not affirm the authority of Scripture.

Read it all.

It’s been learned tonight that Bishop Peter James Lee and the Diocese of Virginia have requested that Christ Church Alexandria deed their disputed church property personally to the Bishop of Virginia.

A congregational vote is scheduled for this Sunday.

According to the current rector of Christ Church, Pierce Klemmt and Senior Warden, Rawles Jones, “the Diocese has asked Christ Church to quitclaim its interest in the property to the Diocese.” In a letter sent to members of the congregation, they write that “The Vestry has considered this course of action and recommends it to the Congregation.”

The Diocese of Virginia is pursuing the people of Christ Church Alexandria to turn control of their property over to the Bishop of Virginia in Richmond.

Read the whole article

The Episcopal Diocese of Virginia and a group of 11 conservative breakaway congregations wrangled yesterday over ownership of the historic Falls Church, a 276-year-old congregation that until two years ago was one of the crown jewels of the denomination.

During the trial at the Fairfax County Courthouse, witnesses said the Northern Virginia church near the intersection of Lee Highway and Leesburg Pike has been overseen by its own trustees since 1746, when John Trammell, a local landowner, deeded 2 acres to build a church.

A group of Colonists, including George Washington’s father, had been meeting since about 1732 at the spot that today has several brick buildings – one dating from 1769 – and a historic graveyard.

Read the whole article.

Five years after the consecration of an openly gay bishop, conservatives who have left the Episcopal Church have organized into a cohesive movement, creating a de facto, if small, separate Anglican church in the United States.

This month, the Diocese of Pittsburgh became the second diocese, after San Joaquin, Calif., late last year, to decide to leave the 2.2 million-member national Episcopal church. The dioceses of Quincy, Ill., and Fort Worth will vote next month. Those moves followed 15 Virginia parishes — including the large and well-known Truro Church and The Falls Church — that over the past two years have left their diocese because they view it as too liberal.

The conservatives have been bolstered by the breakaway churches’ legal victories in Virginia. Yesterday, Fairfax County Circuit Court Judge Randy Bellows ruled Truro Church could retain ownership of land sought by the Episcopal Diocese of Virginia.

Read it all.

Christ Episcopal Church of Alexandria, one of the most venerable parishes in the Diocese of Virginia, has joined a historic lawsuit against several Northern Virginia parishes attempting to leave the denomination.

Members of the 235-year-old parish were informed Sunday at a parish meeting that the diocese will represent them in the largest property dispute in Episcopal Church history, taking place at the Fairfax County Courthouse. The multi-trial case will resume Oct. 14.

Circuit Court Judge Randy I. Bellows has dealt three consecutive defeats to the diocese and the denomination in their battle to retain millions of dollars of property held by 11 churches that fled over issues of biblical authority and the 2003 election of the openly gay Bishop V. Gene Robinson of New Hampshire.

Read it all.

(Press Release) FAIRFAX, Va. (September 26, 2008) ”“ Today, the Fairfax County Circuit Court signed an Order stipulating that the nine Anglican District of Virginia (ADV) congregations that filed petitions under the Virginia Division Statute (§57-9) have satisfied the voting requirements of §57-9. In that Order, The Episcopal Church (TEC) and the Diocese of Virginia also stipulated that they will not contest such findings by the Court. This Order substantially narrows the scope of the church property trial that will take place in October.

ADV also announced that the remaining two of the 11 ADV congregations sued by TEC and the Diocese have settled. Potomac Falls Church, Sterling, Va., and Christ the Redeemer Church, Centreville, Va., have each agreed to a modest monetary settlement with TEC and the Diocese which will end the litigation between them. Neither congregation filed Virginia Division Statute (§ 57-9) petitions because they did not have real property at stake, only personal property.

“Any decision that releases any of our member congregations from the cloud of litigation is a positive step. We are pleased that the settlement has been reached. We look forward to the day when we can all get this behind us and move forward with the work we have to do,” said Jim Oakes, vice chairman of ADV.

“Yet the Diocese should have settled a year and a half ago since these two congregations both meet in elementary schools and have no real property. Not only that, but since Christ the Redeemer Church is not a former Episcopal congregation, today’s settlement is a nuisance value payment.

“We are grateful that the Diocese and TEC took heed of our repeated call to settle this litigation amicably for a modest payment from the two congregations ”“ payments which are restricted to be given to a limited number of ministries jointly approved by the congregations and the Diocese.

“We had hoped that the Diocese and TEC would have used this model as a way to work with us to drop the remaining lawsuits which we never wanted, did not initiate and consistently said that we would like to resolve amicably. Despite the promise of appeal from the Diocese, we are ready to put this litigation behind us for all of the parishes so that we can focus our time, money and effort solely on the work of the Gospel,” Oakes concluded.

The remaining items for the October trial are whether four parcels of property and one set of personal property owned by the Anglican congregations are covered by the congregations’ Division petitions. The trial will start October 14 in the Fairfax County Circuit Court.

The Episcopal Church and the Diocese abruptly broke off settlement negotiations in January 2007 and filed lawsuits against the Virginia churches, their ministers and their vestries. The decision of The Episcopal Church and the Diocese to redefine and reinterpret Scripture caused the 11 Anglican churches to sever their ties.

Read it carefully.

The Diocese of Virginia will forgo judicial review of the process used by 11 congregations which voted to leave The Episcopal Church in January 2007. Instead it will focus all of its efforts on overturning a Civil War-era state statute known as 57-9.

In a series of motions prior to the one-day trial on Oct. 6, Fairfax County Circuit Court Judge Randy Bellows already has ruled that 57-9 is both constitutional and applicable in this case. The statute states that in the event of a denominational split, a local congregation can determine what to do with church property.

However, anomalies in the deeds of some parish charters may have implications, most notably in the case of the Falls Church, whose original deed from 1749 confers ownership to all nearby colonial residents. If the court rules against the majority of the congregation at the Falls Church, it would permit the diocese to file additional lawsuits over questions of ownership.

Read it all.

Chancellor [Daivd] Beers goes on to recount all the many ways in which the actions of the churches, their rectors and their vestries have violated “numerous rules of the Church and state law,” and notes that the Dar-es-Salaam communique called for assurances that no property would be alienated (conveyed away to others) without appropriate consent. He then observes: “The Church is unaware of any movement in this regard on the part of the congregations involved in the pending litigation.”

“Movement?” All he has to do is propose a stipulation that there will be no conveyances; the parties can sign it, the court approves it, and there is the requisite “assurance.” No, this is not the real reason why TEC will not agree to a standstill. The letter goes on to reveal the true reasons:

In these circumstances, it would be premature, to say the least, for the Church at this time to withdraw from or agree to suspend the litigation, thereby ceasing its efforts to protect its interests and that of its past, current, and future members in seeing that parish property be used for the Church’s ministry and mission. Any proposal for such a step should be considered by the Church in connection with all the other recommendations of the Primates’ communique that are under consideration by the leaders and other interested persons within the Church, and in the context of developments that may protect the Church’s interests in other ways. As noted, this involves a process that will be undertaken over time, in accordance with the rules and procedures of the Church.

Thus, the suspension of this litigation at this time would not be appropriate.

Translation: “A standstill with you will never happen, because there are just too many bishops and ‘other interested persons within the Church’ [??!] who want this fight to go forward. There is just too much at stake in terms of power, and any one bishop or church chancellor, or even a few of them together, who called for such a step would immediately be branded as cowards in the eyes of their colleagues. See you back in court.” (And this interpretation of Mr. Beers’s letter was borne out just weeks later, by the pugnacious statements in response to the communique issued from Camp Allen by the House of Bishops.)

Well, here we are now, one year and six months later, and what has this stubborn strategy obtained for TEC and the Diocese of Virginia? The score, by my tally, is currently five to nothing in favor of the withdrawing CANA churches….

Read it all.

From here:

While we are disappointed in today’s ruling, we are committed to exploring every option available to restore constitutional and legal protections for all churches in Virginia. Meanwhile, we look ahead to the October trial and the issues to be considered in the fall.

The Diocese remains firmly committed to ensuring that loyal Episcopalians, who have been forced to worship elsewhere, will be able to return to their Episcopal homes. Generations of Episcopalians pledged themselves to the Diocese in order to ensure a lasting legacy of Episcopal faith and worship in Virginia.

The 11 Virginia Anglican congregations sued by The Episcopal Church (TEC) and the Diocese of Virginia responded to the Fairfax County Circuit Court ruling issued today concerning the Contracts Clause and the assertion by TEC and the Diocese that the 11 Anglican congregations waived their right to invoke the Virginia Division Statute.

Judge Randy Bellows ruled that TEC and the Diocese failed to timely assert their claim that the 11 Anglican congregations contracted around or waived their right to invoke the Division Statute. In addition, the judged ruled that the Division Statute does not violate the contracts clause provisions of the U.S. and Virginia Constitutions as applied to these properties. The rulings can be found at…[the link provided below this blog entry]. Today’s rulings mean that there are only a small number of issues remaining to be decided at the October trial, and the 11 Anglican congregations are hopeful that they can be resolved quickly.

“We are pleased that Judge Bellows ruled in our favor on these questions. He ruled very clearly that our congregations are able to rely on the Virginia Division Statute in order to keep our church property. We have maintained all along that our churches’ own trustees hold title for the benefit of their congregations. TEC and the Diocese have never owned any of the properties and their names do not appear on deeds to the property. The Virginia Supreme Court has consistently stated that Virginia does not recognize denominational trusts of the sort asserted by TEC and the Diocese,” said Jim Oakes, vice-chairman of the Anglican District of Virginia. All 11 churches are members of ADV.

Read it all.

Please take the time to read through all of the legal documents which may be found here.

I was reading with interest your Lambeth weblog (to which I had been directed by the weblog of Kendall Harmon, canon theologian of the diocese of South Carolina), and found that on Day 18, where some marvelous and encouraging steps toward consensus and agreement had been made regarding the proposed moratoria, that in your indaba group also:

“we are told that in the lawsuits in America between parishes and their dioceses it is the dioceses who are the defendants and the conservative parishes who are the accusers”.

I am sorry to tell you that you have apparently been lied to.

I would direct your attention to this summary document:

http://anglicandistrictofvirginia.org/content/view/79/41/

which discusses (albeit in a press release on behalf of the eleven parishes being sued by the Diocese of Virginia and The Episcopal Church) the facts of the case(s) and the determination of the court on two occasions. Perhaps the most pertinent bit of information from that is its first sentence:

“The 11 churches sued by The Episcopal Church and the Diocese of Virginia celebrated today’s Fairfax County Circuit Court ruling that confirms the constitutionality of Virginia Division Statute (Virginia Code § 57-9). The 11 churches named in the lawsuit are members of the Anglican District of Virginia (ADV).”

On the website on which that background document is found, you will also find links (in the right-hand margin) to many of the associated court documents. Major newspapers in the adjoining regions, including the Washington Post (Washington, DC), the Washington Times (Washington, DC), and the Richmond Times Dispatch (Richmond, VA) have carried numerous articles as well as editorials concerning the cases, which are widely accessible via the internet. I am sure that you will be able to locate these with no trouble but if you would like I could certainly find some of them and send links to them along to you. It is likely that additional articles will appear in those and other newspapers, as the case will likely be appealed by TEC (and, unfortunately, the diocese). Some of the sadder details of the story can be discovered by reading a few of the introductory documents, including the fact that TEC intervened in and demanded an end to the process of amicable negotiation being followed by the diocese with the parishes, shortly after the investiture of K. Jefferts-Schori.

It is unfortunate that various officeholders in TEC persist in spreading untruths about the basic facts involved in these cases.

I am sorry that they attempted to deceive you, and hope that this will be of help to you in assessing their dependability in various of their other claims and statements.

Please do feel free to contact me regarding this.

Thanks to blog reader LINC for passing this long. It is really very sad to see this kind of misinformation being spread by the same TEC leaders who themselves complain of misinformation! Let me say it again–be a Berean (do you know the reference). Make sure to check the documentation carefully yourself–KSH.