Virginia court delves into Episcopal Church split
By MATTHEW BARAKAT Associated Press Writer
November 13, 2007

Excerpt:
"In opening statements Tuesday, CANA lawyer Steffen Johnson said history shows that the Virginia General Assembly envisioned exactly this type of dispute when it enacted the law. At the time, Protestant churches had been torn apart over slavery and abolitionism, and the splits were never amicable or formally recognized by both sides.

"From the days of Thomas Jefferson, James Madison and George Mason, the Commonwealth of Virginia has a long history of deferring to local control of congregational property," Johnson said.
In court papers, diocesan lawyers argue that requiring a judge to rule on whether a "division" has occurred in the Episcopal Church sets up an unconstitutional intrusion into the church's religious affairs. The 1867 law must be interpreted in light of the fact that the Episcopal Church is a hierarchical organization that vests ultimate authority in its presiding bishop and national governing bodies rather than at the congregational level.

"Only the governing body of a hierarchical church has the power or authority to declare a division of such a church," the diocese wrote in court papers." the rest

Biggest Property Fight in Christendom

Added: TLC- Virginia Congregations Present Opening Arguments, Call Witnesses