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November 23, 2009
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Home > 2008 > April (Web-only)Christianity Today, April (Web-only), 2008  |   |  
Big Win for Va.'s Breakaway Anglican Parishes in Property Fight
Judge rules that 1867 law on church divisions applies in battle with Episcopal Church, diocese.




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The case is one of several that TEC is currently litigating against breakaway congregations, according to a review of property litigation presented by David Booth Beers to the national denomination's executive council. Last October the Episcopal News Service cited Beers, TEC's Chancellor to the Presiding Bishop, as placing the total number of parishes in active litigation at 20 to 25. Beers also said lawsuits could be forthcoming in six other states "and a few other dioceses" — some of which have since been initiated.

The initial ruling is expected to embolden other churches and dioceses across the country that have announced their intentions to break from the denomination.

"We all have the freedom to choose with whom we want to associate," said Martyn Minns, missionary bishop of CANA, in an earlier interview with CT. "A lot of people being intimidated by TEC think they don't have that freedom."

Minns said that an ultimate ruling in favor of the breakaway congregations would further encourage churches to leave. "I think we'll see a lot of churches saying, 'We don't want to stay with the Episcopal Church,'" he said.

In a statement announcing the ruling, Oakes urged TEC and the diocese to "respect the court's ruling and join with us to begin a process of healing. Let us choose healing over litigation and peaceful coexistence over lawsuits, and let us devote all our resources to serving Christ and helping others around the world."



Related Elsewhere:

Bellows's opinion is available at the district court's website.

The Diocese of Virginia, Anglican District of Virginia, CANA, and others have issued press releases.

The Anglican blogs, such as Stand Firm, TitusOneNine, and Episcopal Cafe, have quite a bit of commentary already.

More articles on the widening division in the Anglican Communion are available in our full coverage area.

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[Reader Reviews]
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Displaying 1 - 3 of 16 comments.See all comments
dave B   Posted: April 14, 2008 7:52 AM
When conferences change their position on issues like abortion, homosexuality, authority of scripture, salvation, or any other serious issue, then congregations who haven't changed their position should be permitted to exit their denominational affiliation and keep their building. It is the congregation that reaches their community, not the denomination. It is the congregation that pays the mortgage, not the denomination. What good is an empty building to a denomination, except to sell it for profit. And if it is to sell it for profit, then that's greed. Also, there is an issue called "Power." Do denominational conferences get a kick out of flexing their muscles and showing their "so called authority" when they go into a church, confiscate their offering plates, their brass crosses, their pariments, and then change the locks, and close the doors of the church to the existing congregation? Something is seriously wrong with power hungry denominational conferences.

TAL   Posted: April 11, 2008 3:32 PM
to sue a fellow believer is wrong, to break from a church with just cause id good, I think if the exodus of church memebership is set on continuing with each other as a congregation then good, find a new way to be a church as designed by the corporate entity and meet in homes rent a community hall and make yourselves useful to the general public rather than making a spectacle of Christs name. If the denomination would get its head out of the sand and start living by God's law not by man's, they would say fine keep the property. bottom line is the church of the past is an institution that seems to be more interested in propagation of the denomination than salvation of the Lord. Rise up people and model the early church and live as a church body versus a church organisation.

Ella   Posted: April 09, 2008 3:45 AM
It is a bad witness and against biblical authority. 1 Corinthians 6:1-8 NIV If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers.

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