Court Says Virginia's RFRA Only Applies In Suit Against Government

In the widely followed litigation between eleven break-away congregations and the Episcopal Diocese of Virginia, a state trial judge has ruled that Virginia's Religious Freedom Restoration Act is irrelevant to the case. In In Re: Multi-Circuit Episcopal Church Property Litigation, 2008 Va. Cir. LEXIS 49 (Cir. Ct., May 12, 2008), the court held that Va. Code Ann. § 57-2.02 only applies to lawsuits against governmental entities, not to a suit between two private parties. The holding came in a decision refusing to permit the Episcopal Church and the Diocese of Virginia to amend their previously filed answers in the lawsuit. The decision preceded an important May 28 hearing in the case on whether Virginia's post-Civil War "division statute" is constitutional. (See prior posting.)