Episcopal conservatives win key battle over gays

Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.

The final rulings came from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa.

Several previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal.Eleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington - Truro Church in Fairfax and The Falls Church in Falls Church.

The congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well.

The Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations’ votes to leave the Episcopal Church were invalid.

The case was decided under a Civil War-era law unique to Virginia, which stated that when a division occurs within a particular denomination, a congregation can vote to decide with which branch it wishes to affiliate.

In earlier rulings, Circuit Judge Randy Bellows declared that a division had indeed occurred within the Episcopal Church, and that Virginia’s law was constitutional.It was widely anticipated that the departing congregations would prevail after those preliminary rulings were issued; Friday’s rulings dealt largely with technical questions related to property deeds and the like.

The Episcopal Diocese contends that Virginia’s law is unconstitutional because it requires a judge to wade into theological issues and thus violates First Amendment protections guaranteeing freedom of religion.

“Within the Episcopal Church, we may have theological disagreements, but those disagreements are ours to resolve according to the rules of our own governance,” said the Rt. Rev. Peter James Lee, Episcopal bishop of Virginia.

Whether the decision in the Virginia case is indicative of what will happen nationally is doubtful. Even leaders in the departing congregations acknowledge that the judge’s rulings turned on interpretation of a statute unique to Virginia.

Valerie Munson, assistant director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy at the University of St. Thomas in Minnesota, said property disputes tend to be fact-specific and state laws governing them vary greatly.

Still, she said lawyers will look closely at Bellows’ various rulings for specific points that might be persuasive in cases across the country.

Jim Oakes, vice chairman of the Anglican District of Virginia, an organization formed by the departing congregations said he thinks the ruling will be “encouraging to other orthodox congregations across the country.”