Court Rules in Favor of Departing Churches in Constitutionality of Virginia Statute

Court Rules in Favor of Departing Churches in Constitutionality of Virginia Statute
"The Episcopal Church and the Diocese of Virginia have possibly frittered away millions of dollars to litigate something that could have been solved at a negotiating table with the departing congregations." -- IRD President James D. Tonkowich

WASHINGTON, June 27 /Christian Newswire/ -- Today Judge Randy Bellows of the Fairfax County Circuit Court issued a second ruling in favor of the Virginia churches that have departed the Episcopal Diocese of Virginia by recognizing the constitutionality of the Virginia Statute on Religious Division, Va. Code 57-9(A). Bellows had already ruled in April that a religious division had occurred, and that the statute is applicable to this case. The Episcopal Church and the diocese are expected to challenge the court's decision.

Judge Bellows said the diocese could have used routine civil documents to protect its property, but didn't. The law, which has been in existence since 1867, "did not parachute into this dispute from a clear blue sky," Bellows wrote.

A trial is scheduled for the fall on the question of property ownership itself. A majority of members in the 11 Anglican churches voted to sever their ties to the Episcopal Church and the diocese following disputes over the redefinition and reinterpretation of Scripture.

IRD President Rev. Dr. James D. Tonkowich commented,

"The ruling should give the Episcopal Church further pause at how it has chosen to approach church property disputes. Both the Episcopal Church and the Diocese of Virginia have possibly frittered away millions of dollars to litigate something that could have been solved at a negotiating table with the departing congregations.

"The Episcopal Church and its increasingly liberal mainline counterparts refuse to accept what has become obvious: the majority of many congregations across the country do not want to depart their denominations, but will do so if liberal leadership continues down an unfaithful path.

"Christians can legitimately differ about who lawfully should possess these properties. Sadly, the Episcopal Church appears more interested in property than people, and more interested in the recovery of property than in reconciliation."

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