Virginia churches stuck in middle

Eight Northern Virginia congregations that will vote this weekend on whether to leave the Episcopal Church find themselves caught between church and state laws.

At issue is whether Virginia law favoring property rights can be trumped by the New York-based denomination’s claim to own its 7,679 churches.

The conservatives threatening to leave the church over issues of biblical authority and the 2003 consecration of openly homosexual New Hampshire Bishop V. Gene Robinson are on the state’s side.

“Neutral principles of Virginia property law” favor the titleholders, said University of Virginia law professor Robert O’Neill, who teaches church-state relations. “What courts will not do is apply theological, scriptural, liturgical or canon law principles in the resolution of a case.”

Usually in Episcopal dioceses, the bishop owns the title deeds to a church. But the historic Falls Church Episcopal in Falls Church and Truro Church in Fairfax each hold their own titles.

The national Episcopal Church says that any church that leaves is bound by the “Dennis canon” law to cede its buildings and land to the diocese. Episcopal conservatives have challenged the canon, saying competing versions were approved by the 1979 Episcopal General Convention, the church’s governing body.

Moreover, Virginia law does not recognize the Dennis canon, they say, because it’s an “implied trust” that gives a national denomination power over a local church.

“Am I concerned?” the Rev. John Yates, rector of the Falls Church, wrote in a Dec. 2 letter to his congregation. “Of course. This is the most serious moment in the history of our church since the church was taken over by soldiers in the Civil War.”

The square-shaped brick Falls Church was used as a hospital, then a stable by Union soldiers, who tore up the floor, removed pews, windows and brickwork and briefly made off with the baptismal font. Founded in 1732, it predates the Episcopal Diocese of Virginia — founded in 1785 — and the Episcopal Church itself — founded in 1789.

“It seems clear that the national leadership of the Episcopal Church is taking an antagonistic attitude toward all those who may feel called in good conscience to leave the Episcopal Church, and we in Virginia seem to be a special focus of theirs,” Mr. Yates said.

The 90,000-member diocese could lose about 9 percent of its adherents on Sunday.

About 8,000 people belong to the Falls Church, Truro Church and Church of the Apostles in Fairfax, St. Margaret’s and All Saints’ churches in Woodbridge, St. Stephen’s in Heathsville, Church of the Word in Manassas and Potomac Falls Episcopal in Sterling.

According to an agreement between the diocese and the dissenting parishes, 70 percent of the members of each church must vote to leave for a church to pull out. All Saints’ will announce its vote Monday; other parishes will announce their results during services Dec. 17.

Jim Oakes, senior warden of Truro, said more than the eight congregations might leave.

“A lot of smaller churches, which are concerned about intimidation from the diocese, feel it is prudent for them to be quieter about what they are doing,” he said.

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