Breaking: VA Attny General sides with VA congregations that voted to separate from TEC

BabyBlueOnline ^ | 1/11/2008 | BabyBlue

[sionnsar]

McDonnell: “As a matter of federal constitutional law, the Episcopal Church is simply wrong.”

BB NOTE: The Motion is here and the Brief is here.

FAIRFAX, Va. (January 11, 2008) – Virginia Attorney General Bob McDonnell has filed a motion to intervene and a brief in the ongoing church property litigation that is being heard by Fairfax County Circuit Court Judge Randy Bellows involving eleven congregations that separated from the Episcopal Church in 2006 and 2007 and joined the Anglican District of Virginia (ADV). In his brief, Attorney General McDonnell defended the constitutionality of the Virginia Division Statute (Virginia Code § 57-9), thereby validating the position of the ADV churches and making it clear that there is no constitutional problem with applying the Statute in exactly the way ADV attorneys have advocated.

As stated in the Attorney General’s motion to intervene, “As a matter of federal constitutional law, the Episcopal Church is simply wrong. The Constitution does not require that local church property disputes be resolved by deferring to national and regional church leaders.”
“The Attorney General’s brief validates the position of our parishes and directly refutes arguments that were made by the Episcopal Church and the Diocese of Virginia following the November trial,” said Jim Oakes, vice chairman ADV. “Virginia has a long and rich history of deferring to congregational control of property. The Division Statute itself clearly states that majority rule should be the deciding factor in determining the ownership of church property when a group of congregations has divided from its former denomination. In his brief, the Attorney General ratified the authority of the Division Statute and noted that the interpretation of the Statute by ADV lawyers is ‘both textually and historically accurate.’”

“Virginia law does not permit the Diocese of Virginia and the Episcopal Church to seize our property from us. Our parishes voted overwhelmingly to disassociate from the Episcopal Church due to its rejection of the authority of Scripture. Our decision is just one small piece of evidence that there is a widespread division within the Anglican Communion. We are confident in our legal position that the Division Statute is applicable in this case and we look forward to the resolution of this litigation,” Oakes continued.

“It is unfortunate that the Diocese of Virginia and the Episcopal Church broke off amicable property negations and filed lawsuits against our parishes in the first place, forcing us to defend ourselves in a court of law. But despite the distraction of the legal proceedings, we will continue to remain faithful to the historic teachings of the church while moving forward in mission and ministry,” concluded Oakes.

The Anglican District of Virginia (www.anglicandistrictofvirginia.org) is an association of Anglican congregations in Virginia. Its members are in full communion with constituent members of the Anglican Communion through its affiliation with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican Archbishops. ADV members are a part of the worldwide Anglican Communion, a community of 77 million people. ADV is dedicated to fulfilling Christ’s Great Commission to make disciples while actively serving in three main capacities: International Ministries, Evangelism, and Strengthening Families and Community. ADV is currently comprised of 21 member congregations.

[sionnsar]

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[sionnsar]

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[BlessedBeGod]

That’s wonderful news for those parishes that want to break away!

[WashingtonSource]

Hallelujah. Thank you, Jesus.

[PAR35]

Summary of the Argument.

“First, the Constitution does not require Virginia courts to resolve church property disputes involving hierarchical denominations by deferring to regional and national church leaders. Indeed, when resolving church property disputes involving hierarchical denominations, the Constitution permits both the Polity Approach urged by the Episcopal Church and the Neutral Principles Approach embodied in CANA’s interpretation of § 57-9. Moreover, the Supreme Court of Virginia, in a case that did not involve § 57-9, has rejected the Polity Approach and embraced the Neutral Principles Approach.

“Second, CANA’s interpretation of § 57-9 is consistent with the Establishment Clause. This Court is not obligated to apply the test articulated in Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971). Because CANA’s interpretation does not result in unconstitutional favoritism for certain denominations, it complies with the Establishment Clause. If this Court does apply the Lemon test, then the CANA interpretation is valid. Section 57-9 has a secular purpose, does not advance or inhibit religion, and does not result in excessive entanglement.

“Third, CANA’s interpretation of § 57-9 is consistent with the Free Exercise Clause. Section 57-9 is a neutral law of general applicability. The free exercise of religion does not exempt the Episcopal Church from compliance with a neutral law of general applicability.”

[PAR35]

Some more useful comments at SFIF:

http://www.standfirminfaith.com/index.php/site/article/9100/

[sionnsar]

Christians =1, Lions = 0

Sic semper tyrannis. It’s a good day to be in the Old Dominion.

LOL, yes.

[AnalogReigns]

My understanding is that judges are loath to find statutes unconstitutional anyway—as it sends it up for appeal and review, and they could be wrong.

This is very good news, but even if it is key for CANA churches to win their case it has no direct legal bearing for any churches but in Virginia.

HOWEVER, Virginia is TEC’s biggest diocese, AND if TEC loses here, the embarrassment it would seem, would be an inducement to try to quietly settle other property disputes without the bad (really bad) PR of suing churches in court. Of course the ArchBishopress never seems to have had a lot of common sense in these, or other, matters though...

[joebuck]

"This is very good news, but even if it is key for CANA churches to win their case it has no direct legal bearing for any churches but in Virginia."

To the extent the same constitutional issues arise in another State based on a similar statute every little bit helps. This would not be binding precedent in another state but could be offered as persuasive authority. Every court that's accepted your argument in the past helps. Especially if the other side can't find any courts that have gone their way.

[PAR35]

To the extent the same constitutional issues arise in another State based on a similar statute every little bit helps.

I'm unaware of any other states with such a statute. One reason TEC is putting up such a fight in Va is that a win there would ensure wins almost anywhere else, since Virginia law is about as favorable for the parishes as it gets.