Breakaway churches score first-round win against Episcopal Church
By Dan Roem
Eleven Virginia churches, including two in western Prince William County, that broke away from the Episcopal Church in 2006-07 had an initial court victory April 3.
Fairfax County Circuit Court Judge Randy Bellows ruled congregations, which now comprise the Anglican District of Virginia, properly invoked a Civil-War-era Virginia statute stating church majorities are entitled to church property when there is a division within their denomination.
The breakaway churches have affiliated themselves with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican archbishops.
“It blinks at reality to characterize the ongoing division within the [Episcopal] Diocese...and the Anglican Communion as anything but a division of the first magnitude,” Bellows wrote in his ruling.
The Episcopal Diocese of Virginia continues to maintain the departure of the 11 congregations does not constitute a division. The diocese also pointed out the related $40 million property issue concerning eight of the congregations has not yet been resolved, and it plans to raise challenges based on constitutional grounds.
“In its opinion, the court explicitly acknowledged that constitutional issues remain, and there will be a hearing on those issues on May 28,” the Episcopal Diocese of Virginia wrote of the ruling on its Web site. “It is also important to note the court has not yet ruled on the property issues in this matter. This fall, the court will consider our property claims against those who have left the Episcopal Church and yet continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere. That is simply wrong. A trial on those claims is scheduled for October.”
Overwhelming majorities at Church of the Word in Gainesville and St. Paul’s Church in Haymarket voted in 2006 to sever ties with the national Episcopal Church and its Diocese of Virginia, following the 2003 confirmation of an openly gay bishop to head the Diocese of New Hampshire.
Both CANA and the Episcopal Church have already spent millions on litigation.
“One of the sad things is that the litigation — initiated by the Episcopal Diocese of Virginia [EDV], under pressure from Presiding Bishop Jefferts Schori — is not only using up valuable EDV mission dollars but is also forcing the [Anglican District] to spend corresponding amounts,” wrote Bishop David C. Anderson, president and CEO of the American Anglican Council, in a newsletter.
Ray Bell, the senior vestry warden at St. Paul’s, echoed Anderson’s sentiments.
“I guess probably, first of all, we’re saddened that it’s come to this point where litigation is perceived to be necessary,” said Bell, a lay member of the church elected to represent the congregation at large. “Resources are being diverted to legal defense that would otherwise be directed to God’s work here in western Prince William County.”
Bell did not specifically state how much money St. Paul’s has contributed to the CANA legal defense fund, but he did confirm that funds from the Haymarket church have come via donations made by its members.
“As folks are moved to contribute to the legal defense fund, they do so,” he said.
Jim Oakes, vice-chairman of the Anglican District of Virginia, said in a release, “We are pleased with this initial victory today. We have maintained all along that the Episcopal Church and Diocese of Virginia had no legal right to our property because the Virginia division statute says that the majority of the church is entitled to its property when there is a division within the denomination. Our churches' own trustees hold title for the benefit of the congregations.”