Saturday 5 April 2008

Office of the Presiding Bishop, Diocese of Virginia respond to preliminary court ruling

(Ed: In short, the office of the Presiding Bishop, and the Diocese of Virginia, argue that that the law of Virginia, even if it has been interpreted correctly, is unconstitutional, and therefore shouldn't be on the statute books at all. That one could run!)

The Office of the Presiding Bishop and the Diocese of Virginia issued statements April 4 response to a preliminary ruling a day earlier by Fairfax County Judge Randy I. Bellows 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.

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 be 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. Read more
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