Fairfax Judge Rules Against Episcopal Church

Fairfax Circuit Court judge Randy Bellows has ruled in favor of 11 congregations that split from the Virginia Diocese of the Episcopal Church in late 2006 and 2007.

In a ruling on Thursday afternoon, Bellows ruled that the congregations, which now comprise the Anglican District of Virginia (ADV), properly invoked a Civil-War-era Virginia statute stating that churches are entitled to their property when there is a division within their denomination.

The 11 now-ADV churches have affiliated themselves with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican Archbishops.

“It blinks at reality to characterize the ongoing division within the Diocese...and the Anglican Communion as anything but a division of the first magnitude,” Bellows wrote in his ruling.

The Episcopal Diocese of Virginia, which continues to maintain that the departure of the 11 congregations does not constitute a division, points out that the property issue has not yet been resolved and that constitutional issues still remain.

“In its opinion, the Court explicitly acknowledged that constitutional issues remain and there will be a hearing on those issues on May 28,” the Diocese said of the ruling on its Web site. “It is also important to note the court has not yet ruled on the property issues in this matter. This fall the court will consider our property claims against those who have left the Episcopal Church and yet continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere. That is simply wrong. A trial on those claims is scheduled for October.”

“We are pleased with this initial victory today. We have maintained all along that The Episcopal Church and Diocese of Virginia had no legal right to our property because the Virginia division statute says that the majority of the church is entitled to its property when there is a division within the denomination. Our churches' own trustees hold title for the benefit of the congregations,” Jim Oakes, vice-chairman of ADV, said in a release.

The value of the properties in question are estimated to be valued in excess of $40 million.

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