If the Diocese of Virginia wins their appeal - they will have done a service to all hierarchical religious bodies in the Commonwealth of Virginia. When one looks at it from this perspective, one may see their resorting to the secular courts as having the shape of seeking just redress via the only means available. While I am wary of Christians using the courts to deal with issues best resolved internally - as Scripture commends - it may be that in this case there was no internal means. Nonetheless, the particular statute in Virginia which allows the Nigerians to heist what never belonged to them (according to the established principles of The Episcopal Church) does seem clearly to interfere with the internal doctrine and discipline of The Episcopal Church -- and all the many other churches which have made themselves known as 'friends' of the Diocese of Virginia in this matter.
Here is what the Diocese said:
Determined to restore constitutional and legal protections for all churches in Virginia, and to return loyal Episcopalians in Virginia to their Episcopal homes, the Diocese of Virginia today filed a petition to appeal The Protestant Episcopal Church in the Diocese of Virginia v. Truro Church, et al.
The Diocese is appealing on a number of grounds, including a challenge to the constitutionality of Virginia’s one-of-a-kind division statute (Va. Code § 57 9(A)) and the rulings of the Circuit Court in applying the law.
According to the filing several key issues – issues that impact people of faith throughout Virginia – are at stake:
Whether it is constitutional for a court to impose a congregational majority rule requirement on hierarchical churches, against their faith and traditions;
Whether “neutral principles” should be used for resolving property disputes between congregations and denominations; and
Whether property may be held in trust for hierarchical churches.
The appeal calls upon the Supreme Court to reverse the Circuit Court’s judgments – judgments that awarded Episcopal Church property to those who chose to leave the Episcopal Church – and to issue final judgments for the Diocese, and recommends that the cases be remanded for further proceedings on the Diocese’s suits for declaratory judgments.
Tuesday, April 7, 2009
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