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Episcopal Diocese Responds to Ruling

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The ruling by the 19th Judicial Circuit Court opens the way for 11 breakaway congregations to retain their property after separating from the Episcopal Church.

Highlights

By Randy Sly
Catholic Online (https://www.catholic.org)
6/30/2008 (1 decade ago)

Published in U.S.

WASHINGTON (Catholic Online) - The Episcopal Diocese of Virginia responded to Friday's ruling from the 19th Judicial Circuit Court. In the ruling, Judge Randy Bellows upheld the Division Statute of the Commonwealth's Constitution, opening the way for 11 separated churches to retain their property after leaving the Episcopal Church

In a prepared statement, the diocese said, "(Friday's) ruling upholding the constitutionality of the Division Statute in Virginia is regrettable and reaches beyond the Episcopal Church to all hierarchical churches in the Commonwealth. We continue to believe that this Division Statute is clearly at odds with and uniquely hostile to religious freedom, the First Amendment and prior U.S. and Virginia Supreme Court rulings. We are unwavering in these beliefs and will explore fully every option available to restore constitutional and legal protections for all churches in Virginia.

"The Diocese remains steadfast in its commitment to current and future generations of loyal Episcopalians and will continue to pursue every legal option available to ensure that they will be able to worship in the churches their Episcopal ancestors built."

Jim Oakes is vice-chairman of Anglican District of Virginia of which the breakaway churches are now affiliated. He stated, "We are pleased with Judge Bellows' ruling today. After meticulous examination, the judge ruled to uphold the constitutionality of the Virginia Division Statute against all of the Free Exercise, Establishment, Equal Protection, and Takings Clause challenges raised by The Episcopal Church (TEC) and Diocese of Virginia.

"The Division Statute states that the majority of the church is entitled to its property when a group of congregations divide from the denomination. Therefore, TEC and Diocese had no legal right to our property. We have maintained all along that our churches' own trustees hold title for the benefit of these congregations. It's also gratifying to see the judge recognize that the statute means what it says--it's 'conclusive' of ownership. We're thrilled to see this litigation nearing an end."

Obviously, the story is not over and the diocese will be looking at alternatives on the issue of property.

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