From the Anglican District of Virginia:
FAIRFAX, Va. (August 19, 2008) – 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 www.anglicandistrictofvirginia.org. 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.
“Given today’s ruling, we hope and pray that TEC and the Diocese would put
away this needless litigation. We have consistently remained open to
exploring avenues for amicable discussions, and have been grieved that TEC
has chosen to continue to pursue a path of confrontation rather than civil
dialogue. This litigation has done nothing to spread the Good News of Jesus
Christ,” Oakes continued.
To comply with the requirements of the Virginia Division Statute, Virginia
Code § 57-9, which recognizes the right of a congregation to keep its
property when a majority votes to separate from a divided denomination, the
voting churches reported to their local circuit courts their votes to
disaffiliate from The Episcopal Church and the Diocese and to affiliate with
CANA through membership in ADV. In most of these churches, 90% or more of
the members voted to leave the denomination due to the clear division within
The Episcopal Church, which the Fairfax County Circuit Court confirmed.
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.
The Anglican District of Virginia 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 congregation.
(The opinions are filed under the NEWS tab and NEWS RELEASE section of the website).
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