The legal struggle between our Church and the Nigerian Anglican entity over property in Virginia has been joined by some friends on our 'side.' Several other denominations, not all episcopally ordered and not all 'liberal,' or even 'mainline,' have filed amici curiae briefs alongside The Episcopal Church in opposing the notion that local congregations could claim ownership of property in the event of divisions within a denomination. Notably, the United Methodist bishop with oversight of Virginia has joined in, and other United Methodist leaders, along with the African Methodist Episcopal (AME) and the AME-Zion churches and the Worldwide Church of God. As well, Presbyterians, Seventh-Day Adventists, Lutherans, and Brethren have joined in. The numbers are now approaching a million Christians joining hands to support the notion that churches are free to operate within their own polities, without secular laws impinging upon that right.
The Nigerian Anglicans have attempted to benefit from just such a secular impingement.
This case will ultimately determine whether or not hierarchical churches may exist functionally in Virginia without being undermined by the secular laws which would give power to any local congregation to 'opt out with property' whenever they wished.
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When it comes to the law in this case, you are viewing it wrong, it would appear. The law in question establishes the default when property is held in a given way. If the property were held in a fashion such as properties are held by the Roman Catholics, or for that matter held in a fashion like some dioceses in the Episcopal Church in the USA, this would not be an issue.
After splits caused by the ordination of women, when a number of parishes were allowed to depart ECUSA with property, some dioceses took the step to change ownership of real property so to prevent that from happening again. In Virginia they did not take any steps to establish ownership of the property at other than the parish level as it applies to the cases before the court.
Let us be honest. There was a long time to adopt to the secular law. The diocese did not so adopt and as such must live with that decision.
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