FAIRFAX, Va. (April 25, 2008) - The 11 Anglican churches being sued by The Episcopal
Church and the Diocese of Virginia responded to the Fairfax County Circuit Court
decision to open discovery around the Contracts Clause, congregational votes and
related questions.

 

"Today's Court ruling is part of the process which will prove that the 11 churches
own their property and that they followed proper procedures when an overwhelming
majority in each church voted to disaffiliate from The Episcopal Church and Diocese
of Virginia," said Jim Oakes, vice-chairman of the Anglican District of Virginia. 
The 11 churches being sued by The Episcopal Church are a part of ADV.

 

"Judge Randy Bellows has indicated that he would like to see the entire case
resolved soon after the October hearing.  We welcome that news as we have
consistently stated our belief that this litigation is a regrettable distraction
from our core mission as a church.  He also invited the parties to submit lists of
issues that can be decided as a matter of law without any further discovery.  On the
remaining issues, Judge Bellows indicated that he would be receptive to motions for
protective orders should discovery become too burdensome, which we appreciate.

 

"Let's be clear - our churches' own trustees hold title for the benefit of their
congregations.  The Episcopal Church and Diocese of Virginia have never actually
owned any of the property, and their names do not appear on the deeds to the
property.  The Virginia Supreme Court has consistently stated that Virginia does not
recognize denominational trusts of the sort asserted by The Episcopal Church and the
Diocese.

 

"We are grateful that Judge Bellows already ruled that the Virginia Division Statute
applies to our situation.  Virginia has a long history of deferring to local control
of church property, and the Division Statute says that the majority of the church is
entitled to its property when a group of congregations divide from their former
denomination and form or join a new one.  The Episcopal Church's own complaint
acknowledges that it does not hold title to any property of these eleven churches
and that the churches' own trustees hold title to all such property for the benefit
of the congregations.  Moreover, it is the congregations and their members - not the
denomination -- who have contributed the funds that built and maintained these
churches over the years.  Some of the churches-like The Falls Church and
Truro-actually predate the denomination and helped establish it."

 

To comply with the requirements of the Virginia Division Statute, Virginia Code §
57-9, which recognizes the right of a congregation to keep its property when a
majority votes to separate from a divided denomination, the voting churches reported
to their local circuit courts their votes to disaffiliate from The Episcopal Church
and the Diocese and to affiliate with CANA through membership in ADV.

 

"In most of these churches, 90% or more of the members voted to leave the
denomination due to the clear division within The Episcopal Church, which the Court
recently confirmed.  The Diocese of Virginia and The Episcopal Church broke their
relationship with the worldwide Anglican Communion and fell out of step with much of
Christendom by choosing to redefine and reinterpret Scripture," Oakes said.

 

The Episcopal Church and the Diocese abruptly broke off settlement negotiations in
January 2007 and filed lawsuits against the Virginia churches, their ministers and
their vestries.  The decision of The Episcopal Church and the Diocese to redefine
and reinterpret Scripture caused the 11 Anglican churches to sever their ties.

The Anglican District of Virginia (www.anglicandistrictofvirginia.org
<http://www.anglicandistrictofvirginia.org/> ) is an association of Anglican
congregations in Virginia.  Its members are in full communion with constituent
members of the Anglican Communion through its affiliation with the Convocation of
Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and
other Anglican Archbishops.  ADV members are a part of the worldwide Anglican
Communion, a community of 77 million people.  ADV is dedicated to fulfilling
Christ's Great Commission to make disciples while actively serving in three main
capacities: International Ministries, Evangelism, and Strengthening Families and
Community.  ADV is currently comprised of 21 member congregations.

 

To schedule an interview with an ADV representative, please contact Kelly Oliver
(ext. 140) or Caitlin Bozell (ext. 119) at (703) 683-5004.