(ENS) The Episcopal Diocese of Virginia and the Episcopal Church each asked the state Supreme Court April 7 to review a Fairfax County Court judge’s rulings in a series of church property lawsuits.
The diocese said in a news release that is appealing for the review on a number of grounds, including a challenge to the constitutionality of Virginia’s one-of-a-kind “Division Statute” (Section 57-9(A)), which dates to the Civil War and is triggered when there is a so-called “division” of a church or religious society, and the rulings of the Circuit Court in applying the law.
The litigation involves nine Episcopal parishes of the diocese which the majority of members and clergy left to form congregations of the Convocation of Anglicans in North America (CANA). The case originally involved members of 11 congregations of the Virginia diocese who left the Episcopal Church to form CANA congregations. The departing members of nine of those congregations then filed claims to parish property under the Division Statute.
In Virginia a hierarchical church has many different methods to hold property for the larger body, if that is it’s desire. Local congregations can hold their own property through trustees. The Diocese has allowed congregations to hold property independently of the diocese for over 150 years.
http://www.churchoftheword.net
I am so sick of these lawsuits. Can some please stop this craziness!
That was “Can someone please stop this craziness!” 🙂
[blockquote]…the constitutionality of Virginia’s one-of-a-kind “Division Statute” (Section 57-9(A)), which dates to the Civil War… [/blockquote]
It actually is a Reconstruction-era law. You may think this is minor quibbling, but it was actually a very progressive law. William & Mary Labor Historian Scott Nelson has a good book out on this time period: Steel Drivin’ Man: John Henry, the Untold Story of an American Legend. The reconstruction era law makers were adopting laws to forestall conflict.
http://tinyurl.com/c4ej7y
The last paragraph in the ENS article:
[blockquote]The diocese said in its news release that it has two goals in mind in asking for the review: “the restoration of Episcopal congregations to their church homes and the restoration of the long-cherished freedom in Virginia for churches to organize and govern themselves according to their beliefs.”[/blockquote]
Does anyone else see the irony in this statement?
So how many churches, with unpaid mortgages, will be standing vacant or with fewer members, unable to pay their mortages or utilities for that matter. Meanwhile the PB is on a road that could dry up her source of suing money by bankrupting TEC.