On Thursday, in In Re: Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., April 3, 2008), a Fairfax County (VA) trial judge issued an 88- page "Letter Opinion on the Applicability of Va. Code § 57-9(A) " to eleven Virginia churches that broke away from the Episcopal Church USA. The court held that the churches are covered by an 1867 Virginia law that provides: "If a division has ... occurred ... in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority ..., determine to which branch of the church ... such congregation shall thereafter belong." The court scheduled a hearing for May 28 on whether the section, interpreted in this way, violates the Free Exercise or Establishment clauses of the U.S. Constitution or the religious freedom provisions of the Virginia constitution. Yesterday Episcopal Life reported on the decision and reprinted statements issued afterwards by the Office of the Presiding Bishop and the Diocese of Virginia. Time reports on this and other cases in an article titled The Episcopal Property War.
Saturday, April 05, 2008
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3 comments:
I think the free exercise law is UPHELD by the 1867 law --applying the free exercise to the people in that particular local church body. They no doubt paid for and built the church --therefore, it should belong to the majority who attend it --rather than to the national governing entity --in cases of a split.
Traditionally, though, the governing national church claims ownership of buildings --and would claim that church law should have no interference from civil law. But this is about free exercise of religion by individuals in this church --and they constitute a majority of that local body--so I sure do hope they prevail.
I assume they are breaking away because the national church has gone nutso on the gay issue.
It was a 1-2 punch. First they elected a female bishop, and then ordained a gay minister. More than your average redneck could stand. Agitated like fleas on a freshly powdered dog, where do the rednecks turn for spiritual guidance? Africa.
I think England joined with the African bishops, as I recall.
And many Americans, too, are pulling away. Episcopalians/anglicans are probably never "rednecks." And it's not about redneck values --it's about the Bible's clear teaching that the only rightful sexual intimacy is within monogamous hetero-marriage.
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