Episcopal hierarchy fights to keep church property

From Virginia-

State and national Episcopal authorities asked the Virginia Supreme Court yesterday to overturn a decision giving church property to nine breakaway parishes in Northern Virginia.
Among other things, a lawyer for the Episcopal Diocese of Virginia told the justices that the 2008 ruling relied on an 1867 state law he contends improperly favors church governance by congregation over governance by hierarchy.

At stake, say the churches, is $30 million to $40 million in buildings and other property. The hearing was packed and broadcast via a closed-circuit television to two nearby rooms to accommodate everyone wishing to attend.

After the hearing, Henry D.W. Burt II, the secretary and chief of staff for the diocese, said: "Today was simply the next step in our journey to return faithful Episcopalians to their church homes."

Steffen N. Johnson, a lawyer for the departed churches, which formed the Anglican District of Virginia, said "the argument went very well. It was a lively bench with good questions for both sides . . . and we look forward to the court's decision."

The Virginia law in question is intended as a neutral way for courts to decide who keeps church property when a church divides into branches. It permits a majority-rule vote by a congregation to decide which branch it wishes to affiliate with.

In reaction to the ordination of a gay bishop in 2003 and other theological issues, 11 conservative congregations -- two of which have since settled with the diocese -- aligned themselves with the Convocation of Anglicans in North America.
The Diocese of Virginia and the Episcopal Church filed suits claiming they had the rights to the property.

The Diocese of Virginia is one of the oldest and largest in the nation, Burt said. With headquarters in Richmond, it now has 181 congregations, 81,000 members, 450 clergy and six schools.

In December 2008, Fairfax County Circuit Judge Randy I. Bellows upheld the constitutionality of the Virginia law and ruled that the property can be kept by the departing parishes, leading to the appeal argued yesterday.

The high court is not expected to rule before June.