Recent Virginia Legal Decision a ‘Stunning Victory’
By Mr. Wicks Stephen’s, chancellor
The recent decision in the Virginia litigation is a stunning victory for the parishes involved and a great encouragement to all who find TEC’s innovative agenda unacceptable.
On April 3, Judge Randy Bellows, Judge of the Circuit Court in Fairfax, Virginia, rendered his interim decision in favor of the parishes that have been sued in Virginia by TEC and the Diocese of Virginia over their determination to disaffiliate from the Diocese and TEC. In that litigation, the parishes invoked the Virginia “division” statute, a statute peculiar to Virginia, in their quest to disaffiliate from the Diocese of Virginia and TEC with their property intact.
In general terms, the “division” statute (Va. Code Section 57–9(A)), enacted by Virginia nearly 150 years ago, provides that when there has been a “division” in a church or religious society, its members may elect to affiliate with either side of the division. Judge Bellows expressly determined that the statute was properly invoked by the parishes and their related entities. In reaching his determination, Judge Bellows carefully weighed the voluminous evidence submitted by the parties in support of their contentions of law and fact in the case. The Court has set a hearing for May 28 to consider whether the application of the statute affirmed by his decision violates the U.S. Constitution as asserted by TEC and the Diocese.
Since the statute is unique to Virginia, TEC undoubtedly hopes and will most likely argue that Judge Bellows’ decision should be of no use or comfort to anyone other than the parties to the Virginia litigation. However, there are two other dioceses within Virginia to which the outcome of this litigation will directly apply since the “division” statute applies to them as well. Moreover, even though the ruling on the “division” statute would not apply directly outside of Virginia, the Court’s findings made in reaching its decision are of great moment and should have application far beyond this litigation. Among other things, those findings affirm that:
The Virginia litigation “arises out of profound discord within the Diocese, ECUSA [TEC], and the Anglican Communion itself.”
The genesis of the present conflict is the action of General Convention 2003 at which “the three major points of controversy included: 1.) confirmation of the election of the Rev. Gene Robinson as a Bishop within ECUSA; 2.) a resolution that recognized the blessings of same-sex unions; and 3.) the rejection of a resolution concerning the ‘historic formularies’ of the Christian faith.”
ECUSA’s relationship within the Anglican Communion is one of interdependence.
There is a division not only in the Diocese of Virginia, but also in ECUSA and the Anglican Communion.
The findings of the Court to this point in the litigation make clear that TEC’s efforts to downplay the severity of the breaches it has caused within TEC as well as within the worldwide Anglican Communion are meritless. In virtually every way, Judge Bellows has confirmed the description of the situation offered by the Virginia parishes. I expect these carefully thought out findings will far outlast this interim decision and confirm to the world, and to other courts, that fundamental disagreement over issues at the core of our faith has divided TEC and is dividing the Anglican Communion. I hope that this clear decision will cause those in leadership of the Episcopal Church who have crafted their current policy of endless lawsuits against their opponents to rethink their options.
A fair, negotiated settlement, that the Virginia parishes continue to seek and the Diocese of Virginia initially pursued, is a better way for all involved.
Editors Note: Wicks Stephens is the chief legal officer of the Anglican Communion Network. A graduate of Stanford Law School and Fuller Seminary, for many years, he practiced in Los Angeles in the field of business litigation, including non-profit and church law. A long time member o the Board of the American Anglican Council, he joined the Network’s staff in 2005 and became its chancellor shortly thereafter. He currently advises clergy, parishes and congregations inside and outside of The Episcopal Church on canonical and other legal matters.