Lawyers for the Episcopal Church were in court last week challenging the constitutionality of a Civil War era Virginia law that permits congregations to secede from their parent churches with their parish properties in the event of a denomination wide schism.
At a hearing on May 28, lawyers for the national church sought to overturn the 141 year old law, Virginia Statute 59-7, arguing was an intrusion by the state into the internal life of a religious group, and also discriminated against “hierarchical” churches.
In April, Fairfax County Circuit Court Judge Randy Bellows ruled that a schism had occurred within the Episcopal Church under the terms of the Virginia law. However, he granted the Episcopal Church leave to appeal the legality of the law before the full case went to trial.
[blockquote] During the day long proceedings, lawyers for the national church argued that internal church rules on property stewardship could not be overturned by secular courts. However, Judge Bellows noted an inconsistency in the argument, asking why only 29 of the congregations of the Diocese of Virginia had titled their property in the name of the diocese, if church polity-as codified in 1979–mandated that all parish property be held by the diocese.
Lawyers for the diocese said that re-titling parish property would be needlessly upsetting. However, Virginia Solicitor General William Thro responded the “Episcopal Church could have changed their method for titling property but they chose not to.â€[/blockquote]
The Diocese and TEC made their choice. If they want the property let them be on the title. They want it both ways. They want the asset and none of the liability. Let them choose.
Whatever happened to the idea that if your name is on the title and the deed, the property’s yours?
Or don’t the people running TEC believe in “doing the right thing” by not persecuting and prosecuting people?
I would like to know if any diocese has ever signed off on the sale of parish property or if any title lawyer has ever required it. If this is required, why haven’t we known about it.
I suppose the Declaration of Independence contains “Revolutionary War decrees” too…