A number of national hierarchical churches have filed an Amici Curiae arguing that §57-9 division statute of the Virginia Code “cannot withstand constitutional challenge.” The constitutionality of this statute is being examined in the Episcopal Diocese of Virginia’s case to preserve Episcopal Church property. The brief, filed on April 24 in support of the Diocese’s position, calls §57-9 “hopelessly infused with religious concepts” and demonstrates how this section of Virginia Code ignores the theologically-based structures of hierarchical churches throughout the Commonwealth in violation of the U.S. and Virginia constitutions.
When the Court ruled on April 4 that the 57-9 statute allowed for the CANA congregations to file their claims to take Episcopal Church property, the Court explicitly acknowledged that constitutional issues remain and scheduled a hearing on those issues on May 28, 2008.
At issue is the government’s ability to intrude into the freedom of the Episcopal Church and every other church in Virginia to organize and govern themselves according to their faith and doctrine. The implications of the Court’s ruling reach beyond the Episcopal Church, as evidenced by the number of denominations signing on to the Amici filing.
The Diocese of Virginia welcomes the filing of the Amici Brief from:
- United Methodist Church
- African Methodist Episcopal Church
- African Methodist Episcopal Zion Church
- Worldwide Church of God
- The Rt. Rev. Charlene Kammerer, Bishop of the Virginia Annual Conference of the United Methodist Church
- W. Clark Williams, Chancellor of the Virginia Annual Conference of the United Methodist Church
The Amici make two central points in their filing:
Section 57-9 violates the First Amendment of the U.S. Constitution by requiring civil courts to conduct an extensive inquiry into, and then resolve, fundamentally religious questions.
“Indeed, §57-9 is so hopelessly infused with religious concepts that it gave the Court little choice but to take the nearly unfathomable step of receiving testimony from experts on church polity and church history, in order ‘to assist the court in its obligation to interpret 57-9.’’ Amici Brief at page 2 (quoting Letter Opinion at 63 (emphasis added)).
Section 57-9 discriminates among religious denominations in violation of the U.S. Constitution.
The choice to be a hierarchical church “is not motivated by purely ‘administrative’ concerns; rather, the choice reflects a belief – a belief that ‘religious activity derives meaning in large measure from participation in a larger religious community…’” (Corporation of Presiding Bishop v. Amos, 483 U.S. 327, 342 (1987) (Brennan, J. concurring). Amici Brief at page 5.
Section 57-9 cannot withstand such strict scrutiny. As the Court has correctly noted, “the legislature defers completely to the independent church’s constitution, ordinary practice, or custom, whereas in [the clause in §57-9 applicable to hierarchical churches], the legislature shows no such deference” to “a hierarchical church’s constitution or canons.” Ltr. Op. at 48 (emphasis added). On that basis alone, the statute clearly violates the prohibition against denominational preferences. Amici Brief at 10.
The Diocese and the Episcopal Church believe that the Court ultimately will find that §57-9 is unconstitutional and, as a result, real and personal property associated with the Church must remain with the Church.
When the CANA congregations voted to leave the Episcopal Church in protest, they abandoned their Episcopal brothers and sisters of the past, the present and the future. Having denounced the Episcopal Church, the congregations set out to separate themselves from the Diocese of Virginia yet occupy and seek control of Episcopal Church property. The people in the CANA congregations were free to leave, and we remain profoundly saddened by their exit, but they cannot take Episcopal property with them.
For a copy of the Amici filing and other documents related to the litigation, please visit www.thediocese.net/press/pressroom.shtml
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