The Circuit Court of Fairfax County ruled last night that it was appropriate for the CANA congregations to file their claims under the 57-9 “Division Statute.”  In its opinion, the Court explicitly acknowledged that constitutional issues remain and there will be a hearing on those issues on May 28, 2008.  At issue is the government’s ability to intrude into the freedom of the Episcopal Church and other churches to organize and govern themselves according to their faith and doctrine.  We strongly believe that, while we may have theological disagreements within the Episcopal Church, those disagreements are ours to resolve according to our faith and governance.

The implications of the Court’s ruling reach beyond the Episcopal Church and the property issues before us.   The constitutional issues, on which the Court explicitly did not rule, have implications for every church in Virginia.

It is also important to note the Court has not yet ruled on the property issues in this matter.  This fall the Court will consider our property claims against those who have left the Episcopal Church and yet continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere.  That is simply wrong.  A trial on those claims is scheduled for October.

We are asking the Court to affirm that the Diocese has sole control over all real and personal property associated with the Church. We proceed with our claims with sadness for those who have sought to leave but with confidence that we are being faithful stewards of what God has given us in these churches.

When the CANA congregations voted to leave the Episcopal Church in protest, they abandoned their Episcopal brothers and sisters of the past, the present and the future.  Having denounced the Episcopal Church, the congregations set out to separate themselves from the Diocese of Virginia yet occupy and seek control of Episcopal Church property. The people in the CANA congregations were free to leave, but they cannot take Episcopal property with them. 

Read the Letter Opinion and Order on the Applicability of Virginia Code Sec. 57-9(A) here.