Updated 04:40 pm.EST, Sat November 21, 2009

Church|Fri, Dec. 19 2008 03:57 PM EST

Breakaway Anglican Parishes Win Lawsuit over Property

By Lillian Kwon|Christian Post Reporter

In a final ruling issued Friday, a Fairfax County judge allowed nearly a dozen conservative congregations that broke from The Episcopal Church to keep their church property.

  • Truro Church
    (Photo: The Christian Post)
    In this file photo, congregants at Truro Church in Fairfax, Va., one of the 11 congregations involved in the court case over property, worship on Sunday, Nov. 30, 2008.

"The Court’s decision is a great victory for religious freedom," said the Rt. Rev. Martyn Minns, who leads the breakaway group Convocation of Anglicans in North America (CANA). "It makes it clear that we cannot be forced to leave our churches and our foundational Christian beliefs because of the decision by the leadership of The Episcopal Church (TEC) to change the core components of our faith.”

The long court battle began after 11 congregations in Virginia voted in December of 2006 and January the following year to sever ties with The Episcopal Church – the U.S. arm of Anglicanism – while staying in alignment with the rest of the worldwide Anglican Communion. The breakaway Anglicans believe the U.S. church has abandoned Scripture and traditional Anglicanism.

The Episcopal Church had heightened controversy in 2003 when it consecrated the first openly gay bishop.

Since then, the U.S. church has been involved in several church property court battles as a minority of congregations have voted to leave. The case involving Virginia churches was the most prominent.

The judge said the departing congregations are allowed under Virginia law to leave and that they can keep their property, as reported by The Associated Press.

“Our position has always been that we have a right to continue to hold dear the same things that our parents and most of the leaders of the Anglican Communion have always believed," said Minns in a statement Friday. "The Bible is the authoritative word of God and is wholly relevant to all Christians today and for generations to come."

The Episcopal Diocese of Virginia, which filed the lawsuit with The Episcopal Church against the congregations, plans to appeal the rulings.

In a statement Friday, Virginia Diocese Bishop Peter James Lee said: "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."

"Within the Episcopal Church, we may have theological disagreements, but those disagreements are ours to resolve according to the rules of our own governance," Lee added.

The breakaway churches had pursued their case under Virginia's "division statute," which grants property to departing congregations when there is division within the denomination.

While an appeal is expected, Minns still hopes The Episcopal Church will "refrain from causing all of our congregations to spend more money on further appeals."

"The money could be used instead to provide more help to the least, the last, and the left out in our communities," he said.

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  • Fri Jan 09, 2009 11:10 pm Agree: 1   Disagree: 0

    Either way the building is not the church, the people are, and what matters is are the people apostate or are they true followers of THE WAY. Episcopalians who support the direction of their church are apostates.

  • Sun Jan 04, 2009 6:21 am Agree: 0   Disagree: 2

    If I was the conservatives in Virginia, I would be embarrassed that I won my property using a pro-slavery state law which is unlike anything found in any of the other states. It's a hollow victory, and may still be overturned by the State Supreme Court.

  • Sun Dec 21, 2008 11:45 pm Agree: 0   Disagree: 0

    I would point out 1 Cor 6:1-8 as being directly on point here but since one of the main issues in the split is how the Episcopal Church holds to scripture particularly 1 Cor 6:9-10,. I guess it would be a waste of breath.

  • Sat Dec 20, 2008 9:10 am Agree: 2   Disagree: 1

    I am curious why The Episcopal Church can't just be generous and let them have their property.

  • Sat Dec 20, 2008 6:37 am Agree: 2   Disagree: 1

    unfortunately with Schorri, that won't be possible in the case of the Episcopal Church.

  • Sat Dec 20, 2008 1:40 am Agree: 3   Disagree: 0

    Denominations need to read the writing on the wall here. The Presby's finally sold their building to Kirk of the Hills because of legal bills. Showing some grace and love may win back some instead of drawing battle lines through a courthouse.

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