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Judge rules in Episcopal property dispute
The Episcopal Diocese of Virginia received another blow June 27 in its fight to retrieve eight properties from 11 congregations that recently left the church.
The 11 churches – including Potomac Falls Church in Sterling, and Church of Our Saviour, Oatlands, in Leesburg – left the Episcopal Church in early 2007 over a dispute concerning an openly homosexual bishop.
The 11 congregations proceeded to affiliate themselves with the conservative Convocation of Anglicans in North America and formed the Anglican District of Virginia.
The Episcopal Diocese of Virginia subsequently sued to retain ownership of the church properties. The value of the eight properties in question is estimated to be about $40 million. Each side has already spent more than $2 million in litigation costs.
At the center of the litigation is the controversial Civil War-era Virginia “division statute,” which provides that when a religious denomination or diocese experiences a “division,” member congregations may determine by majority vote which branch of the divided body they wish to join. It also states that this determination governs the ownership of property held in trust for the congregation.
In April, Fairfax County Circuit Court Judge Randy Bellows ruled that the breakaway congregations properly invoked the division statute, stating that church majorities are entitled to church property when there is a division within their denomination.
Bellows threw another bone to the breakaway churches Friday, ruling the statute constitutional.
“Specifically, this court finds that the statute, as applied in the instant case, does not violate the Free Exercise or Establishment Clauses of the First Amendment, nor does it violate the Equal Protection Clause of the Fourteenth Amendment, nor does it violate the Takings Clause of the Fifth Amendment,” Bellows wrote in the conclusion of his 49-page ruling.
The Episcopal Diocese of Virginia called the ruling “hostile to religious freedom” and said it still believes the statute violates the First Amendment and prior court rulings.
“Today'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,” the diocese said in a statement issued Friday. “We ... will explore fully every option available to restore constitutional and legal protections for all churches in Virginia.”
Anglican District of Virginia officials praised the ruling.
“We are excited to see that this litigation is nearing an end,” said the Rev. Robin Rauh, rector of Oak Hill's Church of the Epiphany.
Issues in the litigation still remain, however.
In two footnotes to his ruling, Bellows leaves open the question of whether the statute potentially violates the contracts clause of the U.S. Constitution.
A trial date tentatively set for October is expected to definitively decide the property issue.
Contact the reporter at gmacdonald@timespapers.com
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