Orthodox Anglicans Remain Confident in Legal Position that Virginia Division Statute is Constitutional
Methodists and Presbyterians Successfully Invoked Division Statute in the Past
 

FAIRFAX, Va. (May 28, 2008) – A hearing will be held today at the Fairfax County court house in Fairfax, Va., to address issues regarding the constitutionality of Virginia Code § 57-9, known as the Division Statute. Members of 11 Anglican churches throughout the region that have been sued by The Episcopal Church and Diocese of Virginia remain confident that the Statute is constitutional. The 11 churches are members of the Anglican District of Virginia (ADV) and the Convocation of Anglicans in North America (CANA).
 
According to Jim Oakes, vice-chairman of ADV, “We enter this hearing with much prayer throughout our congregations and thorough preparation on the part of our legal team. We are confident in our legal positions, and we look forward to the resolution of this case. Until then, we will not let the unfortunate distraction of the litigation hinder our efforts to reach out to those around us in mission and ministry.”
 
On April 3, 2008, Fairfax County Circuit Court Judge Randy Bellows issued a ruling in which he held that there is a “division of the first magnitude” within the Diocese of Virginia, The Episcopal Church and the Anglican Communion at large. He ruled that the 11 congregations satisfied the criteria of the Division Statute in support of their efforts to keep their property.

“For over 140 years, the Virginia Division Statute has provided for church property disputes to be resolved by neutral principles of majority rule when a division has occurred within a denomination. A number of both Methodist and Presbyterian congregations successfully invoked the statute after its adoption in 1867.  In order to resolve the issue at hand, there is no need for civil courts to wade into issues of theology or doctrine. In fact, the Division Statute as it applies in this situation is fully consistent with the United States and Virginia Constitutions,” Oakes continued.
 
“Furthermore, this law does not in any way jeopardize any authority that genuinely hierarchical churches may have over their properties. The Division Statute only applies when congregational property is held by trustees, not by denominational officers such as bishops or in a corporation. In this case, our churches’ own trustees hold title to the property 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.
 
“If The Episcopal Church were as hierarchical as it claims, all it had to do was put title to these properties in the name of its Bishops, as the Catholic Church does, and the Division Statute would not have applied.

“Religious freedom is a cornerstone of our democracy.  In keeping with the spirit of the Division Statute, we simply want the freedom to hold fast to the faith of our Anglican forefathers without being forced to follow The Episcopal Church on its quest to reinvent Scripture and the foundational truths of the Gospel,” Oakes concluded.
 
The Anglican District of Virginia (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.
 
For more information or to schedule an interview with an ADV representative, please contact Kelly Oliver (ext. 140) or Megan Franko (ext. 148) at (703) 683-5004.