Friday, January 11, 2008

Virginia Attorney General Validates Position of ADV Parishes
McDonnell: “As a matter of federal constitutional law, the Episcopal Church is simply wrong.”
FAIRFAX, Va.

(January 11, 2008) – Virginia Attorney General Bob McDonnell has filed a motion to intervene and a brief in the ongoing church property litigation that is being heard by Fairfax County Circuit Court Judge Randy Bellows involving eleven congregations that separated from the Episcopal Church in 2006 and 2007 and joined the Anglican District of Virginia (ADV). In his brief, Attorney General McDonnell defended the constitutionality of the Virginia Division Statute (Virginia Code § 57–9), thereby validating the position of the ADV churches and making it clear that there is no constitutional problem with applying the Statute in exactly the way ADV attorneys have advocated.

As stated in the Attorney General’s motion to intervene, “As a matter of federal constitutional law, the Episcopal Church is simply wrong. The Constitution does not require that local church property disputes be resolved by deferring to national and regional church leaders.”

“The Attorney General’s brief validates the position of our parishes and directly refutes arguments that were made by the Episcopal Church and the Diocese of Virginia following the November trial,” said Jim Oakes, vice chairman ADV. “Virginia has a long and rich history of deferring to congregational control of property. The Division Statute itself clearly states that majority rule should be the deciding factor in determining the ownership of church property when a group of congregations has divided from its former denomination. In his brief, the Attorney General ratified the authority of the Division Statute and noted that the interpretation of the Statute by ADV lawyers is ‘both textually and historically accurate.’”
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