Statement from the Diocese of Virginia

Looks like the Diocese is bringing out the big guns now.

The Fairfax County Circuit Court today affirmed that petitions filed by the CANA congregations do not include the endowment fund of The Falls Church (Episcopal) in Falls Church, Va. As a result, the endowment fund was not subject to the congregational vote and the following legal action taken by the CANA congregations seeking to take this property.

Despite the positive aspect of this ruling, the Diocese believes that serious constitutional issues remain. In order to pursue those issues and restore constitutional protections for hierarchical churches in Virginia, the Diocese also announced today that Professor A.E. Dick Howard has joined the diocesan legal team to assist in its appeal of this case to the Supreme Court of Virginia. Professor Howard is a professor of law at the University of Virginia School of Law and is a renowned constitutional scholar. He served as the executive director of the Commission on Constitutional Revision, which revised the constitution of Virginia. Professor Howard has also served as counsel to the General Assembly of Virginia.

“We continue to believe the Division Statute is a violation of the United States and Virginia constitutions because it intrudes into the freedom of the Episcopal Church and other hierarchical churches to organize and govern themselves,” said the Rt. Rev. Peter James Lee, bishop of Virginia. “Within the Episcopal Church, we may have theological disagreements, but those disagreements are ours to resolve according to the rules of our own governance.” Bishop Lee further stated, “We call on the CANA congregation occupying The Falls Church property to drop their claim on the endowment fund, and thus allow The Falls Church Episcopal to use the endowment for desperately needed outreach in the Falls Church area, in line with the original purpose of the fund.”

“We are grateful to have someone of Professor Howard’s stature and talent on our team,” said the Rt. Rev. Shannon S. Johnston, bishop coadjutor of Virginia. “There may be no other legal expert in Virginia who is as knowledgeable of the state constitution. We are preparing our appeal now and are confident in our position that this law cannot stand constitutional scrutiny. Together, we will explore every option to ensure that faithful Episcopalians in Virginia are guaranteed the right to worship as they please, without interference from the state.” The Diocese expects to file its appeal to the Supreme Court of Virginia shortly.

http://www.thediocese.net/News_services/pressroom/newsrelease68.html