Part 2 - Is Property the Issue?

Last January, the Diocese of Virginia declared that the rectors and other leadership of the ten seceding Virginia churches had severed ties with the Episcopalian communion and therefore do not recognize the authority of The Episcopal Church, and “have openly renounced the doctrine, discipline, or worship” of The Episcopal Church.

As such, the diocese declared the real property of each church abandoned and stated their wish to take charge of it. However, the rectors and congregations had not vacated the premises, and therefore the diocese felt it necessary to bring suit against them.

Further, the diocese claimed that the parishes belonged to The Episcopal Church and not to individual congregations because the denomination is hierarchical in nature and property is held for the use of its overall mission. As the churches wanted to leave the denomination, their use of the property could not be for its greater good.

The diocese asked the court to declare that each parish’s property was held for the benefit of an Episcopal congregation and must be used for its mission, that the parishes could not use the property for any other purpose except that provided for in its own constitution, and that the court issue an injunction to stop the churches’ use of the properties.

The requests were made in response to the churches’ filing under Virginia Code § 57-9, the Virginia Division Statute, informing the state of their majority voting decisions to separate from The Episcopal Church.

The code was passed by the Virginia General Assembly in 1867 in response to denominational schisms over slavery and the Civil War. It provides that where a “church or religious society” experiences a “division,” affiliated congregations may vote to determine which “branch” of the divided overall body they wish to join. The church must report the results of this vote to the local circuit court and its approval is “conclusive as to the title and control of any property held in trust for such congregation.”

In essence, if a religious body is split over an issue and congregations are forced to take sides, they have the right to keep their property. A claimant under this code must prove that they belong to a religious body that is in dissention, that a majority vote has been conducted, and that the congregations are joining an affiliated branch of the church body.

Clearly, The Episcopal Church is a church in crisis. The dividing issues of sexual behavior and biblical authority have been widely publicized in the news and its leadership has made statements about them. Likewise, The Falls Church has been affiliated with The Episcopal Church and the wider Anglican Communion for centuries. It has sent representatives to leadership meetings and has participated in discussions about its place in both bodies in recent years.

Further, it is easily proven that The Falls Church acted according to the stipulations of Virginia Code § 57-9 – a vote was conducted, resulting in 90% of the eligible voters declaring that they wished to secede, and the results of that vote were reported to the Fairfax County Circuit Court.

The Falls Church also expressed its wish to align with the Convocation of Anglicans in North America (CANA) and the Anglican District of Virginia (ADV). These bodies were “created in response to the subject division as an offshoot for Episcopal congregations that desire to remain part of the Anglican Communion,” according to a statement from the defendants.

Virginia Code § 57-9 leaves the decision up to individual congregations and provides every means for the government to stay out of the decision. However, the requests of the Diocese of Virginia ask the court to take the property because it can only be used to further the mission of The Episcopal Church. In essence, they request that the government impede on The Falls Church’s right to exercise what they believe by taking their property.

The Episcopal Church is asking the court to crush a smaller body. Their interest is not so much in the property, but in asserting their authority, whereas The Falls Church wishes to secede peaceably.

The court should uphold their filing under Virginia Code § 57-9.