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VIRGINIA: Court hears arguments on constitutionality of 'Division Statute'

[Episcopal News Service] The Episcopal Church and the Diocese of Virginia told a Fairfax County, Virginia, judge May 28 that a state law that allows some church congregations to choose to leave their denominations is unconstitutional.

The case involves a number of Convocation of Anglicans in North America (CANA) congregations that have filed claims to property of parishes of the Virginia diocese under a portion of Virginia state law that is triggered when there is a so-called "division" of a church or religious society.

Representatives of 16 other denominations and judicatories support the stance taken by the Episcopal Church and the Diocese of Virginia. Some of those supporters presented their arguments to the court on May 28.

Fairfax County Judge Randy I. Bellows had ruled April 3 that the CANA congregations, which include former members of parishes of the Diocese of Virginia, could file their claims to parish property under Section 57-9(A), the so-called "Division Statute" of the Code of Virginia. The court did not rule on the property issues themselves or whether the Virginia statute violates the Episcopal Church's or the diocese's First Amendment rights.

The April 3 ruling explicitly acknowledged that constitutional issues remain.

Bellows heard oral arguments on those issues on May 28, specifically whether as interpreted by the trial court, Section 57-9(A):

  • violates the free exercise clause of the First Amendment to the United States Constitution; 
  • violates the establishment clause of the First Amendment to the United States Constitution; and
  • violates the religious freedom provisions of the Virginia Constitution.
     

A ruling is not expected until late summer.

The Rev. Mary Frances Schjonberg is Episcopal Life Media correspondent for Episcopal Church governance, structure, and trends, as well as news of the dioceses of Province II. She is based in Neptune, New Jersey, and New York City.

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