Washington Post: Ruling Favors Breakaway Congregations in Va. Suit

Posted by Kendall Harmon

A Fairfax County Circuit Court judge struck a blow today to the Episcopal Church's battle with a group of breakaway conservatives. The ruling, which likely will be appealed, heartens those who feel the mainline Protestant denomination has become too liberal, particularly on the issue of human sexuality.

Eleven Virginia congregations whose members voted to leave the Episcopal Church in late 2006 and early 2007 have remained in the church buildings since, arguing that a Civil War-era state law allows them to keep the property worth tens of millions of dollars.

The Episcopal Church and the Diocese of Virginia argued that the state law is unconstitutional, that the government should not be involved in deciding when a religious organization has legally "divided" and that internal church laws and practices should govern such a spat.

But Circuit Court Judge Randy Bellows ruled today in favor of the breakaway congregations, saying the diocese could have used routine civil documents to protect its property, but didn't. The law has been around for 141 years and "did not parachute into this dispute from a clear blue sky," Bellows wrote.

Read it all.

Filed under: * Culture-Watch • Law & Legal Issues

9 Comments
Posted June 27, 2008 at 4:50 pm [Printer Friendly] [Print w/ comments]



1. Dilbertnomore wrote:

Golly! I had no idea TEO had acquired the Washington Post as a component part of Piskie Pravda. Makes sense, though, when you feel it all through.

June 27, 7:58 pm | [comment link]
2. GSP98 wrote:

Good news so far. Now it remains to be seen whether of not Pharaoh will send his chariots-er, whether Kate & Co. will try to get 57-9 overturned by a higher court. Whether such an exercise is folly or not, surely the demons still seethe with enough rage to go forward. Gotta have those houses and lands, ya’ know.

June 27, 8:19 pm | [comment link]
3. Cennydd wrote:

Apparently, TEC and DioVa will appeal this decision to a higher court, but I question which one that will be, and if it’s the Federal Supreme Court, will the justices agree to hear it?

June 27, 8:46 pm | [comment link]
4. MotherViolet wrote:

We should feel sorry for Bishop Lee who has been bullied into this by KJS and some radical elements in the standing committee of Virginia.

Let us pray that this fair and well reasoned decision by Judge Bellows gives him an opportunity to drop the expensive and fruitless approach.

http://www.pwcweb.com/ecw

June 27, 9:20 pm | [comment link]
5. Georgeb wrote:

I am really getting tired of the “we should all pity poor Bishop Lee” point of view. If one takes the time to read his correspondence and listen to his pronouncements since he found cover under 815 to go after these churches, one will find that he is a full and eager partner with KJS and DBB in these proceedings. He long ago surrendered any high ground in these manners and should be seen as the bitter and vindictive persecutor of the faithful that he has become.

June 27, 11:19 pm | [comment link]
6. CStan wrote:

With you #5 - never understood all the pity for Lee after he did his about-face.

June 28, 5:25 am | [comment link]
7. Georgeb wrote:

Regarding#5: Oops! Should be “matters” not “manners.”

June 28, 5:50 am | [comment link]
8. View from the Pew wrote:

TEC has indicated the case will be appealed and it would go directly to the Virginia Supreme Court. In the meantime, TEC will be pursuing their “contracts claim” as a separate but parallel action.

June 28, 10:47 am | [comment link]
9. Jeff in VA wrote:

VFTP (#8),

As I understand VA civil procedure, there can’t be an appeal until there’s a final judgment on all the issues in the case at the trial level.  This kind of determination isn’t the sort for which provisions are made for interlocutory appeals.

I could be wrong, of course.

June 28, 3:41 pm | [comment link]
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