Senator William Mims (R-Loudoun), patroned Senate Bill 1305 on the last day that bills could be introduced into the Virginia General Assembly. The measure would have altered the Virginia code in such a way that departing members of congregations might be enabled to take possession of church property in the event of division within their diocese, judicatory, or other governing institution.

But the leaders of Virginia's faith community were not consulted or given opportunity to comment during the drafting of the bill.

"When held up to the First Amendment test, this bill fails miserably," said the Rev. Doug Smith, director of the Virginia Interfaith Center for Public Policy (VICPP). "The First Amendment is intended to ensure that the state doesn't become so entangled by one faith that it begins to command how that church or faith should work. Conversely, it ensures that no church or faith takes over the state and sends us back over 400 years to where our ancestors were trying to escape religious oppression."

Presbyterian, Methodist, and Lutheran judicatories were key players in the fight against this bill. "It had nothing to do with the schism in the Episcopal Church," said Patrick Getlein, secretary of the diocese. "It had everything to do with the First Amendment of the Constitution and in that situation what affects one of us, affects all of us."

The VICPP, of which the Diocese of Virginia is a member, led the weeklong fight to defeat the bill. The Center acts as a professional lobbying firm for the concerns of the faith communities in Virginia. VICPP discovered the bill and notified the diocese the day before Diocese of Virginia's annual council. A resolution submitted from the floor opposing the bill was adopted by the council.

While Bishop Peter James Lee was in the hospital recovering from triple bypass surgery, Bishop Suffragan David Jones and Assistant Bishop Francis Gray joined the VICPP and their ecumenical partners in meeting with over a dozen senators to express opposition to the bill. The Rev. Caroline Parkinson, president of the Standing Committee, was by Bishop Jones' side for most of the week on Capitol Hill. Clergy and lay leaders from across the diocese made an important physical presence at the Capitol, letting lawmakers know that the issue was strongly opposed by churches. Hundreds of clergy and lay leaders were contacted to write their legislators. Diocesan legal counsel worked the case throughout the week in constant contact with the bishops.

Though in recovery from surgery, Bishop Lee wrote all 40 senators, saying, "SB 1305 grants congregationally governed churches the privilege of state approved preference, exactly the sort of favor banned by our Constitution."

Although the bill was opposed by nearly a dozen denominational judicatories, secular media consistently headlined controversy over the place of gays and lesbians in the Episcopal Church as an underlying motivator for the bill, pointing to Senator Mims' membership at Church of the Holy Spirit, Ashburn, a former mission of Truro Church that lists itself as a member of both the American Anglican Council and the Network of Anglican Communion Dioceses and Parishes (NACDP). Mims served as an alternate delegate from the parish to the diocesan council meeting.

"This was both a frustration and a blessing," said Smith. "It was frustrating because we knew the wider effect would be destructive for more than just the Episcopal community and the media was not recognizing that fact. This was not an Episcopal bill. Not from the beginning."

But the headlines relating the bill to the Episcopal Church also had a positive effect, said Smith. "The more people thought it was a punitive bill directed at Episcopalians, the more obvious it became that this kind of bill has no place in the legislature."

Smith said that the reversal of legislators' positions on this bill as a result of the grass roots lobbying effort was unprecedented. The bill came out of committee with unanimous approval and was on the uncontested list. Over the week it was pulled from the uncontested list. "To take a bill like that by a senior senator who is very well respected and to flip the vote on the floor of the senate the day before crossover is dramatic," Smith explained.

Sensing that the bill would fail if put to a vote, Mims asked the Senate on February 7 to refer the bill back to committee, where it would not come up again until next year. The VICPP believed they had 27 votes of opposition out of a total 40 if the bill had gone to a vote.

"When presented with new information, the Senate Committee understood what the real issues were. When they heard from the faith community, they knew they needed to be against SB 1305," said Smith.

Smith said that the bill was originally submitted with the intention to limit input and discussion from the faith communities. "Quite frankly, that backfired. Senator Mims grossly underestimated the faith community's response and the unity of the faith community, even those corners that were not affected," Smith said. Leaders of the Jewish community also wrote in opposition to the bill, as did those of several Christian congregational churches.

Smith added, "I cannot overstate the importance of having Bishop Jones and Bishop Gray present at the capitol and Episcopal clergy and lay people as part of a vigil day in and day out on this bill."

Although Mims referred the bill back to committee, he made it clear to the Senate that he intends to bring the bill up again next year. Recent cases, he said, "raise questions about our ancient church laws," and parts of the civil code contain antiquated language and even address the long-abandoned practice of pew ownership. He warned that if the General Assembly did not deal with the issues raised by the bill soon, "it will come back to us in an emergency fashion."

Looking ahead to next year, Smith said, "Now the faith community is exactly where it wants to be. If someone like Bill Mims says there is a problem with the code, we have to trust him and say 'there probably are some issues.' This gives us the entire year to help him craft responsible legislation that does not negatively impact the faith community."