Virginia Episcopal church joins land dispute: Diocese will cite 1746 deeds

So sad to see.

When I first moved to D.C. after college, I attended Christ Church (actually taught Sunday School there) for several years. I guess it's ironic that when my husband and I became engaged and wanted to get married in my home church in Charleston, the rector there said that would be fine, as long as we did our pre-marital counseling at The Falls Church with John Yates - who knew that according to the Diocese of Virginia, we were still on Christ Church land??

From the Washington Times [boldface mine]:

Christ Episcopal Church of Alexandria, one of the most venerable parishes in the Diocese of Virginia, has joined a historic lawsuit against several Northern Virginia parishes attempting to leave the denomination.

Members of the 235-year-old parish were informed Sunday at a parish meeting that the diocese will represent them in the largest property dispute in Episcopal Church history, taking place at the Fairfax County Courthouse. The multi-trial case will resume Oct. 14.

Circuit Court Judge Randy I. Bellows has dealt three consecutive defeats to the diocese and the denomination in their battle to retain millions of dollars of property held by 11 churches that fled over issues of biblical authority and the 2003 election of the openly gay Bishop V. Gene Robinson of New Hampshire.

The diocese will cite 18th-century cases to argue that the Falls Church, a 276-year-old congregation that is the oldest of the departing parishes, cannot lay claim to its property on 5.5 acres in the city of Falls Church. Attorneys have produced two 18th-century land deeds that say Christ Church possesses the property.

The deeds, dated March 19 and 20, 1746, say the land was owned by "Truro parish," the designation for Colonial churches in Pohick, Alexandria and Falls Church. The diocese unearthed two U.S. Supreme Court decisions in 1815 and 1824 saying that Christ Church, founded in 1773, is the successor to Truro parish and that the Falls Church was a ward of the Alexandria congregation.

The diocese's attorneys say they can prove that Christ Church still owns about 2 acres of what the Falls Church occupies. That part of the property includes the "historic" Falls Church - a brick building completed in 1769.

In order to argue this case in court, the diocese needed Christ Church's permission to act as its proxy. Although the diocese notified opposition attorneys on Sept. 5 that it would represent Christ Church, it was not until Sept. 22 that the vestry, or governing board, was told of the matter. The vestry approved it Sept. 24.

Parishioners were not so accommodating. On Sunday, some worried that Christ Church's involvement - however distant - in a lawsuit could make its finances precarious. The church has a $135,000 deficit, and only 507 of its 2,459 members - or one-fifth - actually give.

"There were quite a few people who were stunned and said, 'We don't need this,' " said one former vestry member who asked to remain anonymous. "[Parish leaders] didn't give it much time.". . .

Read it all.
H/t to Stand Firm.

BabyBlue: Upcoming timeline

From BabyBlue Online, a list of upcoming events:

October 8 - TEC/Diocese of Los Angeles vs Anglican Congregations (Appeal before the California Supreme Court)

October 14 - TEC/Diocese of Virginia vs CANA, Virginia (significantly scaled-down to focus on whether the VA Division Statute also applies to three smaller properties)

Oct. 20-23 - TEC Executive Council, Helena, Montana

Oct. 21-22 - Anglican Awakening - Akron, Ohio

Nov. 4 - Election Day, USANov. 7 - Diocese of Pittsburgh Special Convention - Pittsburgh, PA

Nov. 7-8 - Diocese of Quincy Annual Synod, Quincy, Illinois

Nov. 13-15 - Anglican Awakening, Amesbury, MA

Nov. 14-15 - Diocese of Ft. Worth Convention, Bedford, Texas

Dec. 1-3 - Common Cause Partnership Council

Dec. 15-19 - Windsor Continuation Group Meeting, Mustang Island, Texas

Jan/Feb 2009 - Anglican Primates Meeting, Bahamas

Check it out.

Great Lakes district formed as CANA continues to grow

Via email:

HERNDON, Va. (October 2, 2008) – The Convocation of Anglicans in North America (CANA) is announcing the formation of a Great Lakes District that includes a growing number of congregations in the area. The affirmative vote to create the new district was taken at a recent CANA Council gathering in Akron, Ohio.

“The formation of a Great Lakes District within CANA is an exciting new development. In the short time of CANA’s existence we have grown to more than 70 congregations and 150 clergy in 21 states plus the District of Columbia. We look forward to continued growth throughout the upper Midwest as our congregations shine the light for Anglicanism rooted in Biblical truth and reach out in the love of Jesus Christ to the least, the last and the lost,” said CANA Missionary Bishop Martyn Minns.

The new district is comprised of 13 congregations in three states and is modeled after the Fairfax-based Anglican District of Virginia, which was the first district to be formed within CANA. The Great Lakes District will be led by CANA Suffragan Bishop Roger Ames of Akron, Ohio, and will be governed by a board and a synod council.

“The vote to formally create the Great Lakes District within CANA was a clear acknowledgement of the strength of the orthodox Anglican movement in our area. Over the past few months, we initiated work on our set of bylaws and our constitution that are modeled after CANA’s Virginia District. We are thankful for this new structure that has been created to help us live within the Anglican way. A focal point for the Great Lakes District will be on starting new churches throughout the region. We are grateful for the opportunity to further Christ’s kingdom in the Great Lakes area,” said CANA Suffragan Bishop Roger Ames.

The parishes that comprise the Great Lakes District include: St. Luke’s Angli! can (Fai rlawn, OH), Church of the Holy Spirit (Akron, OH), St. Barnabas (Bay Village/Cleveland, OH), St. Anne’s (Madison, OH), Christ the King (Columbiana, OH), Holy Trinity (Milan, OH), Christ the King (Lexington, MI), St. Andrews (Lewis Center/Columbus, OH), Anglican Church of the Good Samaritan (Cleveland Heights, OH), and St. Michael the Archangel (Westfield, IN), a gathering of four parochial mission churches that includes St. Anne’s (Anderson, IN), St. Matthew’s (Nashville, IN), St. Patrick’s (Noblesville, IN), and St. Paul’s (Greenfield, IN).

Weekly message from the American Anglican Council, 9/26

Via email from Bishop David Anderson of the American Anglican Council [boldface mine]:

Dearly Beloved,

There are a number of issues to look at this week. In the United States, the financial crisis continues to deepen, with concerns about jobs, homes, and savings being an increasing topic of conversation among ordinary folks. People are not of one mind as to what the solution is, but with the people feeling uncertain, churches and charitable organizations may feel the impact of this insecurity. Another area that individuals, churches and organizations are looking at is the security and strength of their personal bank accounts, and whether the US Government provides insurance for those accounts. Some people and organizations may be thinking they have more insurance for their bank accounts than they really do. Sitting down and talking with your banker about your situation might be a good thing to do fairly soon.

I would urge churches especially to look at their financial assets, talk to their banker, and see if they need to spread their accounts over two or more banks, so that each account is fully FDIC insured. It also calls to mind the fact that we ought not to put our trust in wealth, but in the one who saves us, blesses us, and provides for our needs.

On a happier note, support for Bishop Duncan is pouring in from around the world. Of course, The Episcopal Church doesn't much care whether the Anglican World disapproves of the way she handled the situation, she would say that the rest of the world was just ignorant of the facts as she has determined them, and if they were properly briefed, they would naturally agree with her. Six English bishops have said that they continue to regard Duncan as a bishop in good standing in the Anglican Communion, and this is in addition to messages sent from all corners of the Communion.

Now the countdown is on to the Pittsburgh Diocesan Convention on October 4 - what will happen? Will Katharine Jefferts Schori attempt to intervene in the proceedings, or will she wait until the meeting is concluded to take any actions she may be planning? I suspect a great many would agree with the Rt. Rev. Colin Basley, who wrote a letter to the Archbishop of Canterbury calling for the immediate suspension of the Episcopal Church from any further participation in activities of the Anglican Communion, and calling for recognition of a new orthodox North American Anglican Province named Common Cause Partners Federation.

In many ways, the spiritual/ecclesiastical Anglican Communion meltdown is comparable to the financial meltdown in the US business world. In the latter, people bought sub-prime loans that were in effect bad paper, passed them on to others as if they were the real thing, trust was broken, and lies and deceit led to the economic ruination of many - and it isn't over yet! In the spiritual/ecclesiastical realm, church leaders in North America put together sub-prime, bogus spiritual truths, passed them on to others as if they were the real thing, persecuted those who raised the alarm, and as a result, trust has been broken, lives spiritually ruined, lies and deceit have caused many to leave their churches and reorganize in line with traditional Christian beliefs, and this is leading to the ecclesiastical ruination of many. The problem with spiritual ruination is that you might wind up in hell (yes, that place that TEC leaders don't believe in - or if it does exist, only a few of us will be in it!).

Meanwhile, the bishop of Washington DC, John Chane, has sued the Central Union Mission over their receipt of government funds to provide help for the homeless in the city. The Mission is a Christian organization, and as part of their feeding and assistance program, they require those participating to attend nightly religious services. Why is Bishop Chane attacking those who help the poor and homeless? Could it be because the Central Union Mission has provided space for an Anglican congregation associated with CANA (St. Brendan's in the City), to hold weekly Sunday evening services? The official reason that Bishop Chane claims is that government help to Central Union Mission is supposedly a violation of the US Constitution, since they require attendance at religious services.

In his opinion, the government isn't supposed to give money to churches: separation of church and state and all that, you know. However, Chane is the bishop of the Washington National Cathedral, and one wonders if the Cathedral hasn't accepted money from the government in one form or another, perhaps for major events held there, or for arts programs, or some other types of event. We know that the Washington DC police department has a police radio relay unit at the very top of the main tower of the Cathedral, and one wonders what other joint ventures the Cathedral has had with city or federal government. It may be that Bishop Chane hasn't had time to see the plank in his own eye.

Let us hope and pray that the ministry of Central Union Mission to the hungry and homeless and to those who need to find God in their lives, is able to continue unimpeded by any Chane-sponsored litigation.

Blessings and Peace in Christ Jesus,

The Rt. Rev. David C. Anderson, Sr.
President and CEO, American Anglican Council

Diocese of Virginia forgoes voting issue, prepares for appeal

From the Diocese of Virginia [boldface mine]:

The Episcopal Diocese of Virginia announced today that the trial scheduled to begin October 6 will focus solely on the issue of which properties occupied by the CANA congregations are actually subject to their 57-9 petitions.

Though loyal Episcopalians have expressed grave concerns about the validity and fairness of the voting procedures used by the CANA congregations, the Diocese will forgo judicial review of that process to focus on those issues that will most effectively and quickly return Episcopalians to their church homes and result in the overturning of the 57-9 "Division Statute."

The Diocese is preparing to mount a vigorous appeal that addresses the serious legal and religious questions and implications that have arisen from this unfortunate situation. The Diocese will explore fully every option available to restore constitutional and legal protections for all churches in Virginia.

In a trial beginning on October 6, the Court will examine precisely which property is subject to the Division Statute petitions filed by CANA congregations. The Court will determine several issues either before or during trial, including whether the congregation attempting to take the property actually owns the property they seek under its 57-9 petition, whether deed restrictions require the property to remain with the Episcopal Church, and, in one instance, whether a last-minute transfer of property was valid. Once these issues are decided, the Diocese will appeal the Court's rulings on the applicability and validity of the Division Statute.

"In the Episcopal Church, congregations exist because they are in communion with the bishop of a diocese, through recognition by diocesan governing bodies," said the Rt. Rev. Peter James Lee, Bishop of Virginia. "They cannot unilaterally disestablish themselves or remove themselves from a diocese, and take Episcopal property with them, using the secular court system to validate their actions."

The Diocese is steadfast in its goal of returning faithful Episcopalians to their church homes and restoring the full and time-honored protections of the First Amendment and the Virginia Constitution for religious freedom.

"The court proceedings of the past several months have shown that the Division Statute, which exists only in Virginia, is uniquely hostile to religious freedom and our faith. We are resolute in our commitment to pursue every avenue in seeking the return of Episcopalians who have been exiled from their church homes," said Bishop Lee.

The Diocese again noted the regrettable necessity of these proceedings. "While we have hoped that the CANA congregations would propose a reasonable alternative to litigation," said Henry D.W. Burt, Secretary of the Diocese, "the Church must vigorously protect the legacy of those faithful generations who have gone before for those who will follow."

Check it out.
H/t to Stand Firm.

A future for traditional values within the Anglican Communion

An article by Bishop Martyn Minns, CANA, in the Washington Post:

At this juncture in our nation's history, it is vitally important that we separate the values that are worth fighting for from those that are simply matters of cultural preference. There are values that are universal and non-negotiable. I find them in the Bible and they have shaped my life.

It is in the Bible where you will discover the truth that every human life is of inestimable worth. You will find that God created marriage - one man and one woman for life. This is not some social arrangement that we can redesign at will; it is part of God's design for humanity.

However, for about the past forty years I belonged to a church that no longer advocates these values. In fact, it is attempting to deliberately replace our core values with some of the latest cultural whims.

That church is The Episcopal Church. It still has remnants of its rapidly fading prestige, but its current leadership seems to have lost its way and it has caused a major rift in the Anglican Communion.

The division within the Communion has been widespread and unbelievably painful. About half of the 38 provinces are in broken or impaired relationships. Dozens of dioceses are in disarray and hundreds of churches and millions of people have been negatively impacted by this fracture in our common life.

Here in the U.S., hundreds of clergy and congregations have come to the conclusion that, as a matter of conscience, they must separate from The Episcopal Church. This has produced a spiteful backlash from church leadership with reprisals against clergy and lay leaders and dozens of punitive lawsuits.

The lawsuits are a costly distraction at a time when there is a desperate need for articulate Christians to do the work of the Gospel and engage in the important debates confronting our nation. What is tragic is that a church that so often rails against the intolerance of biblical fundamentalism has now become aggressively intolerant towards those with whom they disagree. . .

Read it all.

Blogging and Lambeth 2008

Well, now that Lambeth 2008 has come and gone, there is a definite diminution of blogging going on around the Internet. Some of it is because there’s just not as much going on (although don’t forget to check out BabyBlue’s CANA Council posts) but I think much of the decrease is because Lambeth changed little.

And with little change has come somewhat of a sense of ennui, of apathy, especially if one is in a traditional parish in a revisionist diocese.

There is no turning back, there will be no change within The Episcopal Church except continued movement away from the Gospel.

There will be no rescue – there is only slugging on year after year.

If one is firmly of the belief that he or she is following God’s will, while staying in ECUSA may be frustrating, there is a certain fulfillment in being obedient to the Lord (and the anxiety of “when are we going to leave?” disappears as well).

If one is not sure, it would be pure agony to remain in a church that no longer holds to a “one, holy, catholic, and apostolic” formula. Continued prayer and discernment are called for, and then action, no matter how difficult, is required one way or another. Stay or go, but do so out of conviction of the Father’s will. Don’t remain trapped in a lukewarm decision or let the paralysis of indecision eat away at one’s faith.

If one knows it is time to go, then the question is “to where?” And discernment is again essential (and difficult). I think GAFCON was (and is) a great idea. It illustrated for all that the Global South and its supporters have realized that ECUSA will not turn back, will not stop, so it’s time to move on in mission with those who trust the Lord.

Following biblical injunction, Global South primates tried talking with and confronting those they felt had moved away from Christ. Once it was clear that nothing would change, the Global South essentially dusted off their sandals and left - left not the Anglican Communion (clever, clever), but the poisonous atmosphere of heresy.

If GAFCON can continue on (and that’s a big if, with the elephant in the room of women’s ordination), I really do think that it will over time become, at the very least, the de facto Anglican Communion center.

BabyBlue at the annual CANA council

Check out BabyBlue Online and her reports on the annual CANA council:

Have arrived in Akron for the CANA Council and it's a packed house. In fact, the session on the Prayer Book was so jammed that people were standing out in the hall listening to the session led by Bishop Martyn Minns because all the seats and floor space was filled to capacity.

There are lots of sessions going on - from sessions focused on evangelism, social justice, and mission partnerships, to church planting, healing, raising up the next generation of leaders, and an instructional session on the Eucharist service. . .

Read it all and check out the draft resolutions. And take a look at Transfigurations, too!

AAC weekly message from Bishop David Anderson, August 22

Via email, from the American Anglican Council, the weekly message from Bishop David Anderson for August 22, 2008 [boldface mine]:

Dearly Beloved in Christ,

Early this week I attended a Common Cause Partnership Lead Bishops' meeting, with discussions naturally centered around outcomes of the Lambeth Conference and the GAFCON Primates' Council meeting, and concerns for finally putting together a North American orthodox Anglican province. From there I went to a CANA-Nigeria Council meeting, with lay and clergy representatives from CANA congregations all over the USA. Visitors from other Anglican judicatories are also present observing the events, both plenary and breakout sessions.

These Anglican gatherings, such as CANA Council as well as AMiA's Winter Conference and ACN events, are so different from the atmosphere of stress and hostility that many experienced when still serving in liberal revisionist dioceses in the Episcopal Church. At these type of orthodox Anglican gatherings one can actually relax, move deeper into worship, accept sound teaching, and fellowship with others who are of similar faith. To God be the glory!

We note that a letter from Bishop Duncan of Pittsburgh to Bishop Lillibridge of West Texas, which was forwarded with permission to the Windsor Continuation Group members, was leaked by someone either in Bishop Lillibridge's office or one of the Windsor Continuation Group members. Does the Windsor Continuation Group really wish to be in conversation with Bishop Duncan or the Common Cause Partnership Federation, a likely new Anglican Province in North America? There are ways to make slight modifications in a document and code them so that the miscreant identifies himself when he leaks a document. Perhaps next time, that might be an appropriate option.

One of the items that Bishop Duncan wished to protest was the treatment of border crossings as the moral equivalence of same sex marriages and gay bishops, a stance that previous Primates' Meetings refused to take. This new equivalence represents a steep moral decline on the part of the Lambeth leadership, and is further underlined by the thought that the orthodox Anglicans who have left, let me say it again, WHO HAVE LEFT the Episcopal Church, would EVER go back into the toxic theological quagmire of heterodoxy that is the leadership of TEC. We are not going into any holding bay; we are the victims and Lambeth is thinking of sending the abused back to the abuser rather than punish the abuser. But remember, if Dr Williams semi-secretly believes in the gay agenda, he cannot and will not ever really discipline TEC; rather, he would send the orthodox back for TEC to have a second go at them. I don't think the orthodox will buy that idea. That train goes to the death camp and we're not getting on it.

Andrew Carey, journalist for the Church of England Newspaper, has done a short but excellent recap on the Episcopal Church, and it is worth your taking a look. I think Andrew really gets it - now if only Dr. N. T. Wright would read, mark, learn and inwardly digest what Carey has said, the C of E would be in a better position to be a help to the Communion.

Now to close with a note of optimism: in northern Virginia, Judge Bellows has again ruled in favor of the local churches in the TEC & Diocese of Virginia lawsuit against the orthodox Anglican churches who left with their property. TEC & Virginia will keep suing and appealing, however, burning up money in lawyers' fees as part of a strategy. For churches to prevail over the bully TEC and the diocese, the churches need to have the local law on their side, the facts on their side, and enough money to stay in court forever. TEC loses on the law and loses on the facts, but if they can burn enough money, they can win by financially exhausting any opponent, as unjust as that is. But now I ask you, is a denomination like that where you want your children and grandchildren to go to church? When you go to a revisionist TEC diocese like Virginia, do you really want your Sunday morning offering to go not to the Glory of God, not to the heat/lights/salaries of a local church, not to mission work, but to persecute orthodox churches in order to force them out of their churches and onto the street? I would think that even the liberals and revisionists would get tired of that after while. For now, the orthodox Anglicans in the USA are praying for a final victory in Judge Bellows' court, and for TEC to move on to the MDG's that they keep talking about.

Blessings and Peace in Christ Jesus,

The Rt. Rev. David C. Anderson, Sr.
President and CEO, American Anglican Council

Judge Bellows again favors Virginia congregations

From the Living Church:

The 11 Anglican congregations in Virginia involved in litigation with The Episcopal Church received a favorable ruling Wednesday in Fairfax County Circuit Court. Judge Randy Bellows said The Episcopal Church and the Diocese of Virginia failed to timely assert their claim that the 11 churches that left The Episcopal Church in 2007 contracted around or waived their right to invoke a Virginia Division statute.

Judge Bellows also ruled that the statute, which concerns the rights of congregations to keep their properties when a majority of members votes to leave their denomination, does not violate the contracts clause provisions of the U.S. and Virginia constitutions as applied to the church properties. . .

Read it all.

Weekly AAC message from Bishop David Anderson, August 15

Via email, the weekly American Anglican Council message from Bishop David Anderson [boldface mine]:

Dearly Beloved in Christ,

As I reflect on the strange times we live in with regard to the Church and the Anglican Communion, I am preparing for another birthday next week. I will by year's end celebrate 64 years as an Anglican, thirty-six of them in Episcopal Church Holy Orders, and almost two years as a priest and then bishop in CANA (Nigeria), outside of TEC.

As early as 1988 I saw this conflict coming, but never imagined that it would be so worldwide or so bitter. Part of my amazement and disappointment has been with the duplicity of the current Archbishop of Canterbury, saying things in private that he has to act counter to in his public role. I could sympathize with his pain, but in reality the pain is of his own making. He can either change his mind over his privately held opinions, or he can step down from the office; either way his pain will go away. The fact that he has to espouse things publicly which the Anglican Communion is on record as believing and he secretly doesn't believe, does damage to his spirit and soul.

All of this could just be his personal burden and his personal pain, except that in looking at the decisions (and the lack of decisions) that have occurred since Dr Williams became the Archbishop of Canterbury, it is not hard to see that this personal conflict is affecting his work performance. He cannot bear to really punish the American and Canadian Churches because they are very close to where he is, though he can't say so. When the Panel of Reference failed, when the decisions of Dromantine, and Dar es Salaam, and the requirements of the September deadline were not met and we wonder why....it is because he can't bring himself to take action against those that are in fact his soul mates.

In Dr Williams' response to the controversy about the letters published last week by the Times, he stated, "In the light of recent reports based on private correspondence from eight years ago..." and then goes on to say that he still accepts the Lambeth 1.10 position. Dr Williams allowed that "In the past, as a professional theologian" he had "made some contributions" to the "study" of how the church should view homosexual relationships. This might pass muster, except for two circumstances: firstly, he wrote this most recently revealed private correspondence WHILE ARCHBISHOP OF WALES, not while in an academic ivory tower. He was then an archbishop and primate of the church, sworn to hold and uphold the beliefs taught by the Communion - just as he is now. Secondly, his work product as the primus inter pares indicates that his privately held beliefs ARE impacting his decisions about the breach of faith and discipline by America and Canada. These together nullify his claim of beliefs held only as an academic or theologian.

Attendant to that is the somewhat lengthy statement from Bishop Tom Wright of Durham, et al.: "...As bishops in the Church of England, we wish to protest in the strongest possible terms at what we regard as a gross misrepresentation of the Archbishop of Canterbury." Although they put forward five points to refute the opprobrium that came to Dr Williams attendant upon the release of the private letters, their arch collapses with their lack of proper dating of his attitudes. Their third point is a rehash of the defense that this occurred long ago when he was a theologian. They quote him in saying "that there is a difference between 'thinking aloud' as a theologian and the task of a bishop (let alone an Archbishop) to uphold the church's teaching." The problem with the third point, and hence their entire argument, is that these beliefs as made clear in the private letters were not his academic years' writings, but were communicated while holding the office of the Primate of Wales. Gentlemen, Dr Williams doesn't need your defense; he needs your collective good sense to unify his personal and public beliefs in conformity with the Anglican Communion's beliefs.

May I submit, from my own position far down the ecclesial food chain, that there is no longer theological space to be an orthodox bishop of the church and privately believe that which is contrary to what the Church teaches on core doctrine and moral discipline. To do so becomes, in the most benign situation, a form of mental illness where the individual experiences a bifurcation of mind, and in more extreme form, a spiritual illness representing a foot in each Kingdom. This time in the life of the Christian and Anglican Church calls for a clear mind aligned with and fully embracing the core teachings of the Christian faith, reformed and catholic. Full Stop.

Without seeing this as a condemnation, I would encourage readers to contemplate the truth that I am trying to describe about this conflicted situation and the pain of this bifurcation which is spreading system-wide.

Faithfully in Christ Jesus,

The Rt. Rev. David C. Anderson, Sr.
President and CEO, American Anglican Council

BabyBlue: Breaking News

BREAKING NEWS: Judge will issue ruling on constitutionality of the Virginia Division Statute 57-9 on Friday, June 27.

Post-decision briefs filed in Virginia property cases

From Stand Firm:

The Attorney General's Office for the Commonwealth of Virginia, the Convocation of Anglicans in North America, The Episcopal Church and the Diocese of Virginia have all filed their post-decision briefs in advance of the scheduled May 28 hearing on who owns the property of the 11 parishes that have departed the Diocese of Virginia.

The Attorney General's brief is a defense of Virginia statute 57-9, the so-called "division statute" on which part of the Virginia parishes' cases rest, the applicability of which Judge Bellows ruled overwhelmingly in favor of the parishes a few weeks ago. Bellows will issue his ruling on the constitutionality of the statute at a date following the May 28 hearing.

The Attorney General's brief is here [480Kb PDF]. . .

Check it out - all the legal links are posted.

Virginia: Church’s Court Blow

From George Conger:

An American state court has handed the Episcopal Church a major defeat in its battle for control of the property of breakaway congregations in Virginia, rejecting its argument that there was no “division” in the Episcopal Church.

In an 88 page opinion released on April 3, Fairfax County Judge Randy Bellows held that a Nineteenth century law governing the disposition of church property in the event of a church schism applied to the dispute between the Diocese of Virginia and CANA—the American jurisdiction of the Church of Nigeria.

The Episcopal Church and Diocese of Virginia last year brought suit against 11 congregations of the Anglican District of Virginia seeking control of the breakaway parish properties, including the diocese’s two largest congregations—Truro Parish and the Falls Church in suburban Washington.

Judge Bellows rejected the Episcopal Church’s contention that the CANA secessions were a local matter. He held “it blinks at reality to characterize the ongoing division within the diocese, [the Episcopal Church], and the Anglican Communion as anything but a division of the first magnitude.”

“The rapidity with which [The Episcopal Church's] problems became that of the Anglican Communion, and the consequent impact-in some cases the extraordinary impact-on its provinces around the world,” he said. . .

Read it all.

AnglicanTV interviews Jim Oakes, Virginia

From AnglicanTV, Jim Oakes speaks with Kevin Kallsen about the recent decision by Judge Bellows regarding the property dispute between CANA and the Diocese of Virginia (and The Episcopal Church).

T-shirts!

Hey, check these out!

Talk about a collaborative effort. A timeline of events:

• Hills of the North posts "Blinking at reality" on Judge Bellows's decision re CANA and the Diocese of Virginia, highlighting one of the judge's most appropriate phrases [boldface mine]:

  [Bellows] said "it blinks at reality to characterize the ongoing division within the Diocese, ECUSA, and the Anglican Communion as anything but a division of the first magnitude."
  
  "Blinking at reality" is perhaps the best expression that anyone's used to describe the mendacity of Episcopal Church leaders. First, it confirms there is a reality that exists--not just some pluriform truth that is nothing more than a function of clever word use and dictated perception by whomever is in power. Second, it suggests the reality is one that the Episcopal Church well knows--since a blink is but an interruption of sight, and a very brief one that rarely distorts perception. Finally, although a blink can be voluntary or involuntary (i.e., an attempt not to see or a conditioned reflex of closing one's eyes), it neither changes reality nor precludes one from truthfully reporting that reality. In short, one who blinks at reality is one who lies without any excuse.



• So, of course, this great post is linked to on Stand Firm.


• And in the comments, AnnieCOA says,

  "TEC: Blinking at Reality"
  Somebody better be making the T-Shirts! Profits could go to the ADV Defense Fund.



• To which Billy Ockham (also known as mousestalker) replies

  Check ‘em out! Any profits will go to the ADV fund.

And a t-shirt (and boxers, mugs, and magnets) is born! My favorite - the maternity t-shirt. We know this must be a "reasserter" site, since "reappraising" Episcopalians prefer to leave the business of propagation to others.

The power of communication. Go, buy, enjoy!

"The quality of mercy is not strained. . ."

. . . It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives and him that takes.
Tis mightiest in the mightiest; it becomes
The throned monarch better than his crown.
His scepter shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings.
But mercy is above this sceptered sway;
It is enthroned in the hearts of kings;
It is an attribute of God himself;
And earthly power doth then show like God's
When mercy seasons justice.

William Shakespeare
The Merchant of Venice, Act IV, Scene 1

Unfortunately, we're not seeing this "attribute of God himself" in today's Episcopal Church. Perhaps a quote from Julius Caesar is more appropriate: "Cry 'Havoc,' and let slip the dogs of war."

From the Living Church [boldface mine]:

Diocese of Ohio Litigation Ends 'Peaceful Way to Coexist'

The Diocese of Ohio recently filed a declaratory judgment with the Cuyahoga County Court of Common Pleas in Cleveland, asking that it, the diocesan trustees, and a minority of members at five dissident congregations be declared the rightful owners of church properties where the congregations voted overwhelmingly to leave in 2005.

The March 26 filing came just a month after an article in the Akron Beacon Journal described how the relationship between the five dissenting congregations and the diocese was an exception to the personal acrimony and litigation prevalent throughout many other dioceses of The Episcopal Church. In another break with standard practice in most other dioceses, Bishop Mark Hollingsworth, Jr., of Ohio did not depose the clergy when they requested transfer of their canonical license to the Anglican Church of Nigeria.

In the Beacon Journal article, Martha Wright, communications officer for the Diocese of Ohio, had said, “We are looking for a faithful resolution to the property issue involving the congregations that have elected to leave the diocese. The priests in those congregations have asked to be released from their orders and their requests have been granted, but we have not taken any action where property is concerned.”

Ms. Wright told The Living Church she was not aware in February of any plans to file legal papers at the time of her interview with the Beacon Journal. But she denied that the decision to pursue litigation at this time represents a new approach in dealing with the five congregations.

“The Episcopal Diocese of Ohio is seeking to resolve issues of property ownership and use with respect to five of its parishes in a mutually respectful manner,” she said in a written statement. “In order to move toward a long-term resolution, the Diocese of Ohio has asked the Court of Common Pleas to decide the parties’ respective rights with respect to the property.”

Bishop Hollingsworth declined to elaborate on the statement provided by Ms. Wright. . .

What, is Bishop Hollingworth in hiding?

Someone please explain to me what hold the presiding bishop has over these bishops. I think of Bishop Lee in Virginia who seemed so close to an amicable agreement. What could other bishops possibly say or do to make a bishop change his mind like that? Is it fear of presentment? Or no longer getting the spiritual and emotional support from other bishops? Or blackmail of some kind? Really, I just do not get it.

Read it all.

AAC weekly message from Bishop David Anderson

Via email [boldface mine]:

Beloved in Christ,

This week I want to start with the good news. Judge Bellows, who is trying the Virginia litigation between the Episcopal Diocese of Virginia (EDV) and the Anglican District of Virginia (ADV), has issued a ruling, finding in favor of the departing parishes with regard to the Virginia 1867 Division Statute. As one of our readers commented, "...the Court found that a division within the meaning of the Virginia Division Statute occurred in a church or religious society to which the CANA Congregations were attached. It is now a court finding that there is a division within the worldwide Anglican Communion, The Episcopal Church and the Diocese of Virginia." This is a most important and favorable ruling for the orthodox Anglicans in Virginia, and if it holds up through the Appeals Court process, important for the orthodox in many other states as well.

When other judges read the opinion, even though the overall statute at stake may not be directly relevant to another state, the body of evidence and findings within the case and the 88 page ruling are informative and useful. You can find the full ruling on our AAC website. The next stage of the same trial will deal with a second challenge that the Episcopal Church (TEC) has raised, and that is the constitutionality of the Virginia statute - whether it unconstitutionally interferes with the right of churches to order their own internal affairs. This right of churches is not absolute, however, for obvious reasons. An organization calling itself a church could decide to do things internally that violate public safety or contravene reasonable state law. You cannot, for example, reconstitute the Old Order Aztec Church, complete with daily human sacrifice, even if the victims are willing.

If churches and religious denominations wish to own property which is tax exempt because it is used for religious purposes, and have their offering income be tax exempt, and their donors receive tax exemption for those donations, then churches have already intertwined themselves to a degree with the government. This is seen as permissible because no one church is favored, and the benefits are available to all of the organizations which are formed as churches. In the same vein, it would seem that the Virginia statute, which is applicable to all churches and denominations that might find themselves in this situation, does not encroach on the U.S. Constitution's non-establishment clause, because it does not favor any one church. We will follow the development of the arguments in this case with great interest.

One of the sad things is that the litigation - initiated by the EDV under pressure from Presiding Bishop Jefferts Schori - is not only using up valuable EDV mission dollars but is also forcing the ADV to spend corresponding amounts. Although the ADV has been raising its money as the case proceeds, the EDV has been borrowing the money for its legal offensive, and has now gone through approximately two million dollars. If there were promises of financial aid made to Virginia to push them into the litigation battle, apparently they have not materialized. Other TEC dioceses take note: it's not what she says, it's whether she gives you the money to litigate up front and lets you bank it in advance - otherwise you might wind up like Virginia and Los Angeles, paying for it all yourself. For those dioceses which haven't yet commenced litigation against departing parishes, you may wish to seriously consider mediation, and make some money instead of spending huge amounts you don't have.

While we are speaking of legal issues, Katharine Jefferts Schori and her chancellor, David Booth Beers, have been put on notice by an attorney representing Bishop William J. Cox, with a letter demanding that she publish a correction of her announcement concerning his deposition. Since she failed to achieve the canonically required majority of "the whole number of bishops entitled to vote," the vote was invalid. In legal terms, it was null and void. The letter goes on to require several things: first that Schori cease defamation of character of Bishop Cox by saying and distributing assertions that are not true and are injurious to him; and then right the wrong by withdrawing the pronouncement of deposition and publishing it in the same manner that she did the deposition. If she doesn't (or perhaps, when she doesn't), the implications are clear. The letter was a legal demand letter which precedes further action. This is one to watch also.

On the West Coast of the USA, the battle of San Joaquin is still in the formation stage. There appear to be three Standing Committees: the one that belongs with the Diocese of San Joaquin/Southern Cone; the Standing Committee that claims it never resigned and never left TEC; and the Standing Committee that Schori cobbled together as part of her "rump" Diocesan Convention of San Joaquin/TEC reconstituted. To our knowledge, Presiding Bishop Jefferts Schori is the first Presiding Bishop to run roughshod over Canons, both diocesan and national, yet at the same time invoking them as gospel whenever she finds one that is useful to her. Since eventually the orthodox will leave TEC, become revisionists themselves, or die of old age, those who will eventually be left to enjoy this legacy of tyranny are the revisionist bishops, clergy and laity themselves. Pity them, for they shall finally inherit the poisoned fruit of their labor, and it will be bitter unto them.

Not only have Schori and her TEC assistants set up a Potemkin Village San Joaquin Diocese, claiming it to be the real thing, but they have now taken over the website of the real Diocese of San Joaquin/Southern Cone. Since the website was hosted by an Anglican organization, the Society of Archbishop Justus, which is friendly to TEC, they reassigned the address to Schori's group. Can they really do this? They did. If your website is hosted by any group friendly to either TEC or the Anglican Communion Office (ACO), you might wish to investigate moving to an orthodox-friendly site, or to a neutral independent provider. It is a nasty thing to wake up and discover that your internet identity has been stolen.

Adding insult to injury, the London Anglican Communion Office (ACO), which operates hand in glove with the TEC top leadership, is quite naturally listing the Diocese of San Joaquin as VACANT, to underscore Schori's contention of a deposition. It is understandable when one considers how much money flows from TEC to the ACO to keep their doors open and the lights on. Previously when we checked, one of the major ACO staffers, Fr. James Rosenthal, is actually being funded by TEC using Missionary dollars. If Jim is a missionary, we might inquire what is his message, and who is his target for conversions? Is this what TEC Mission Dollars were intended for? It appears in many ways that the Anglican Communion Office is 'TEC East'.

In the international scene the issue of free speech and freedom of religion are becoming issues in the Western world. Who would ever have thought that an English bishop would be convicted by a court for REFUSING to employ a practicing homosexual in his diocese's youth services? The Bishop of Hereford was fined 47,000 GBP (a bit over 90,000 USD) and made to attend a re-education course. We might wonder how long we can read the Bible out loud in church, especially certain passages that deal with sinful conduct. How long can we preach the 2000-year-old message from the pulpit before we are handcuffed and dragged away?

Maybe not as long as you think. Bob Unruh, writing in WorldnetDaily, reports that the Canadian government has ordered a Christian ministry which teaches doctrine and the differences between Christians and cults shut down because its reference materials were "critical" of the beliefs of those who are not Christian. The organization, MacGregor Ministries, has had to move to the USA and be re-created under the name MM Outreach Media Ministries.

With the European and British governments passing onerous legislation supposedly banning "hate speech" (but in reality banning Christian free speech about sin and its consequences), it becomes illegal not only to say certain things, but to write them, publish them, post them on the internet, etc. Is it now possible that something written in one country halfway around the world, where it is protected and legal, may be read in another far distant country and cause someone to be offended, and thus become an infraction of the law? Is the law broken where something is done or where it is received, or both? Are you ready to go to jail over free speech and free expression of the Christian religion?

And across the pond in England we are aware that the General Synod will be meeting just before the mini-Lambeths, and Lambeth itself. We have heard rumors that the Presiding Bishop of TEC and a few other liberal USA bishops might "independently" be planning trips to "accidentally" be in the neighborhood of the General Synod. Not on purpose of course, but then things being what they are, if any of them might bump into an English bishop that they know... well it would, under those circumstances, only be neighborly to ask her or them to say a word or two, to bring greetings from TEC-land to the Synod. Are these rumors true? In the past we have found that their reliability is better than half, but we shall have to wait and see. Any volunteers for Katharine spotters?

Now finally, the American Anglican Council has been assisting the Global Anglican Future Conference and Pilgrimage (GAFCON) with registration and other administrative tasks that need some attention, and we are pleased to see the number of paid registrations adding up, hotel reservations filling up, and planning shaping up. Nigeria has checked in already with its full allotment paid for by monies raised within Nigeria. Scholarships are being sought for bishops in other provinces who can only raise part of their costs to attend, and if you are able we encourage you to assist this gathering of orthodox bishops, clergy and laity who will help shape the future of Anglicanism in the century ahead. You can do this on the AAC website or at this link.

Blessings and Peace in Christ Jesus,

The Rt. Rev. David C. Anderson, Sr.
President & CEO of the AAC

From office of the Presiding Bishop: A statement in response to the Virginia ruling

From EpiscopalLife Online [boldface mine]:

Statement from the Office of the Presiding Bishop follows:

We are obviously disappointed in yesterday's ruling by the trial judge against the Episcopal Church and the Diocese that involved one Virginia statutory issue in the case. While we believe that the Court's conclusion that Virginia's unusual "division" statute applies to the current situation in the Diocese, the Episcopal Church and the Anglican Communion is incorrect, there will time enough in the future to seek review of that decision if it becomes necessary. In the meantime, we shall present to the Court at the scheduled argument in May our contention that if the statute means what the Court has held, it plainly deprives the Episcopal Church and the Diocese, as well as all hierarchical churches, of their historic constitutional rights to structure their polity free from governmental interference and thus violates the First Amendment and cannot be enforced.

We also note that this decision does not bar the contentions of the Episcopal Church and the Diocese regarding control over the property of the departing congregations that will be presented to the Court in the fall.

Virginia judge issues preliminary ruling on application of state statute

Don't ya know ECUSA hated to acknowledge this! From EpiscopalLife Online [boldface mine]:

Constitutional challenges, conflicting claims to Episcopal Church property remain unresolved

A judge ruled April 3 that it was appropriate for 11 Convocation of Anglicans in North America (CANA) congregations to file property claims under a portion of Virginia state law that is triggered when there is a so-called "division" of a church or religious society.

Fairfax County Judge Randy I. Bellows 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. He said only that the CANA congregations, some of which include former members of the Episcopal Diocese of Virginia, could file their claims under Section 57-9(A) the so-called “Division Statute” of the Code of Virginia.

"We are obviously disappointed in yesterday's ruling by the trial judge against the Episcopal Church and the Diocese that involved one Virginia statutory issue in the case," the office of Presiding Bishop Katharine Jefferts Schori said in a statement.

"While we believe that the Court's conclusion that Virginia's unusual 'division' statute applies to the current situation in the Diocese, the Episcopal Church and the Anglican Communion is incorrect, there will time enough in the future to seek review of that decision if it becomes necessary."

Jefferts Schori's office noted that "this decision does not bar the contentions of the Episcopal Church and the Diocese regarding control over the property of the departing congregations that will be presented to the Court in [October]."

The Diocese of Virginia said in a statement posted on its website that "it is simply wrong" to allow those who have left the Episcopal Church "continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere."

Bellows held in his 88-page letter of opinion and order that the conflict constitutes a "division" in a "'church or religious society'" within the meaning of Section 57-9(A). . .

Read it all.