The Colorado Springs congregation that split from the Episcopal Church over theological differences must surrender the $17 million Grace Church and St. Stephen's Parish buildings to the Colorado Episcopal Diocese on April 1, a judge ruled Tuesday.
El Paso County District Judge Larry Schwartz said the diocese and the parish had "a unity of purpose" for most of their shared 135-year history, which created an implied trust relationship, with the local parish holding church property in trust for the denomination.
But ownership of the Gothic downtown church has been disputed since spring 2007, when the parish's theologically conservative pastor, the Rev. Donald Armstrong, and a majority of his congregation decided to leave the Episcopal Church. They said they left over issues such as gay- marriage rights and the ordination of openly gay clergy and bishops, which have been largely embraced by a changing Episcopal Church.
Armstrong and his breakaway congregation affiliated with the conservative Convocation of Anglicans in North America. But the new Anglicans stayed in their historic church home on Tejon Street, forcing those loyal to the Episcopal Church to worship in space borrowed from the nearby First Christian Church.
Tuesday's ruling changes that arrangement.
"While freedom of religion recognizes the right of any faction within a church to leave that church whenever they choose, the trust that has been created through past generations of members of Grace Church and St. Stephen's prohibits the departing parish members from taking the property with them," Schwartz said in his decision.
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