News release

The Diocese and The Episcopal Church were in court this week to safeguard church property for future generations. The Diocese seeks to prevent an unlawful transfer of property to the Convocation of Anglicans in North America (CANA) which includes congregations that elected to leave the Diocese last winter. Today was the third day of the six-day trial.

After majority memberships of the congregations voted to leave the Diocese, the 15 departing congregations filed civil actions (also known as 57-9 filings for the section of the Code of Virginia invoked by the leadership of the departed congregations) with the respective circuit courts in an effort to transfer ownership of the affected properties, citing an alleged "division" within The Episcopal Church. As the Diocese is arguing in court, no division has occurred, only that some members of a minority of congregations have chosen to depart from The Episcopal Church. Cases regarding the property itself have yet to be scheduled.

The breakaway congregations have stated their case before Judge Randy I. Bellows in the Fairfax Circuit Court, including testimony from historians Dr. Charles Irons and Dr. Mark Valeri; the Rt. Rev. Martyn Minns, the Rt. Rev. John Guernsey, Dr. Paul Julienne, the Rev. Dr. John Yates, Abraham Yisa, registrar of the Church of Nigeria, David Allison, a member of Church of the Apostles; and a video recording of testimony from Presiding Bishop Katharine Jefferts Schori.

Bishop Suffragan David Jones was present for the proceedings of the first three days of trial. "When I visit Episcopal churches around Virginia," said Bishop Jones, "One of the things I tell Episcopalians I meet is that the property is held in trust for all 86,000 Episcopalians who worship in Virginia. We are in court to ensure that these churches will continue to be Episcopal churches that will welcome their children and their grandchildren for years to come."

He further explained, "We continue to believe that those members who choose to leave are free to go and worship wherever they please," explained Bishop Jones. "However, they are not free to take Episcopal Church property with them."

The Diocese and The Episcopal Church presented their arguments and introduced their first witness, John Keith, a member of the diocesan Standing Committee. Other potential witnesses for the Diocese include Bishop Peter James Lee; Russell V. Palmore, chancellor of the Diocese; David Booth Beers, chancellor to the Presiding Bishop; Presiding Bishop Katharine Jefferts Schori; Dr. Robert Bruce Mullin, professor at General Theological Seminary; the Rev. Dr. Samuel Van Culin, former Secretary General of the Anglican Consultative Counci; the Rev. Dr. Ian Douglas, professor at Episcopal Divinity School; the Rev. Dr. A. Katherine Grieb, professor at Virginia Theological Seminary; Patrick Getlein, secretary of the Diocese; Julia Randle, archivist of the Diocese.

After the completion of the trial, scheduled for November 21, the judge will consider the testimonies and evidence before issuing a decision.

While the Diocese regrettably finds itself in court this week, as only the courts can resolve property matters, it is The Episcopal Church alone that can debate and ultimately resolve questions of faith and polity. The First Amendment of the U.S. Constitution requires that a hierarchical church's determinations and rules must be respected and that courts must abstain from seeking to resolve "questions of religious doctrine, polity, or practice." Those issues will not be resolved quickly, or through litigation, but only as the result of thoughtful dialogue and contemplation among faithful Episcopalians.