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Religion & Law

: Religion Clause

Trial Court Upholds Constitutionality of Virginia's "Division Statute"

By Howard M. Friedman

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In In re Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., June 27, 2008), a Virginial trial court judge upheld the constitutionality of Virginia's "Division Statute" against Free Exercise, Establishment Clause, Equal Protection and Takings Clause challenges. The statute permits the majority of a congregation to decide to which branch of a church its property will belong when there has been a "division" in the church. The court emphasized that the Episcopal Church could have avoided the possibility of a majority in a congregation breaking away and taking church property with it by titling the property in the name of a Bishop or other ecclesiastical officer of the parent church, but did not do so as to the eleven break-away congregations involved in this litigation. (See prior posting and background in Saturday's Fairfax (VA) Times coverage.) In its 49-page letter opinion, the court left open the question of whether the Division statute violates the Contract Clause of the Constitution by impairing contractual relationships between local congregations and the hierarchical church.

In a companion 14-page letter opinion, the court ruled on five other interpretive issues under the Division Statute, concluding that the court's role was merely to determine whether the congregational vote was "fairly taken", and not to consider other factors. It distinguished cases involving the withdrawal of a single congregation from an hierarchical church where there was not a "division" within the church. In an order accompanying the two letter opinions, the court asked for further briefs from the parties on certain remaining procedural issues.

Reports on the court's decision were published by the Washington Post and Episcopal News Service. (See prior related posting.)

Full post as published by Religion Clause on June 28, 2008 (boomark / email).