Virginia Court Rules against Diocese in Church Property Cases: Church Deposes Dissenting Bishops

Anglican Journal, May 2008 | Go to article overview

Virginia Court Rules against Diocese in Church Property Cases: Church Deposes Dissenting Bishops


A judge in Virginia ruled April 3 that it was appropriate for 11 Convocation of Anglicans in North America (CANA) congregations to file property claims under a portion of Virginia state law that is triggered when there is a so-called "division" of a church or religious society.

Fairfax County Judge Randy I. Bellows did not rule on the property issues themselves or whether the Virginia statute violates the Episcopal Church's or the diocese's rights under the First Amendment to the U.S. Constitution, which guarantees freedom of religion. He said only that the CANA congregations, some of which include former members of the Episcopal Diocese of Virginia, could file their claims under the so-called "Division Statute" of the Code of Virginia.

"We are obviously disappointed in yesterday's ruling by the trial judge against the Episcopal Church and the diocese that involved one Virginia statutory issue in the case," the office of Presiding Bishop Katharine Jefferts Schori said in a statement. "While we believe that the court's conclusion that Virginia's unusual 'division' statute applies to the current situation in the diocese, the Episcopal Church and the Anglican Communion is incorrect, there will be time enough in the future to seek review of that decision if it becomes necessary."

In other news, the U.S. house of bishops, meeting at Navasota, Tex. from March 7-12, voted to depose, or remove from office, Bishop John-David Schofield of the central California diocese of San Joaquin, after the diocese voted last December to leave the Episcopal Church and align with the South American Province of the Southern Cone.

On March 29, Episcopalians remaining loyal to the church held a convention in Lodi, Calif., that accepted Bishop Jerry A. Lamb as provisional bishop until an episcopal election can be held. Bishop Jefferts Schori appointed Bishop Lamb, who has served the diocese of Northern California and was most recently interim bishop of Nevada.

The national church's executive council voted to contribute $500,000 to the reconstruction of the diocese, including the establishment of diocesan offices in Stockton, Calif. …

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