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Anglican Churches Win on Constitutional Grounds. Court Upholds Constitutionality of Virginia Division Statute to End Episcopal Attempt to Seize Control Over Church Property

Highlights

By David Virtue
Virtue on Line (www.virtueonline.org)
6/30/2008 (1 decade ago)

Published in U.S.

FAIRFAX, VA - The 11 churches sued by The Episcopal Church and the Diocese of Virginia celebrated today's Fairfax County Circuit Court ruling that confirms the constitutionality of Virginia Division Statute (Virginia Code § 57-9). The 11 churches named in the lawsuit are members of the Anglican District of Virginia (ADV).

"We are pleased with Judge Bellows' ruling today. After meticulous examination, the judge ruled to uphold the constitutionality of the Virginia Division Statute which states that the majority of the church is entitled to its property when a group of congregations divide from the denomination. Therefore, The Episcopal Church (TEC) and Diocese of Virginia 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.

"While we will continue to defend ourselves in court, we are hopeful that TEC and the Diocese will put aside this expensive distraction. While we disagree with their decision to walk apart from the worldwide Anglican Communion, we acknowledge their right to do so. We would hope that they would acknowledge our right to remain faithful to the tenants of faith that have given comfort to our forbearers who built the churches TEC and the Diocese are now trying so hard to take," said Jim Oakes, vice-chairman of ADV.

On April 3, 2008, Judge Bellows issued a landmark ruling that acknowledged a division within TEC, the Diocese and the larger Anglican Communion.

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 reinterpret Scripture caused the 11 Anglican churches to sever their ties.

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Virtue Online, edited by David W. Virtue, is the Voice for global orthodox Anglicanism.

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