Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Virginia judge gives conservatives legal victory

NewsReligious Herald  |  January 14, 2009

A Virginia judge ruled on Dec. 19 that three parcels of land belong to parishes that have broken away from the Episcopal Church, handing conservatives an important, if tentative, legal win.

An 1867 state law, passed as Virginia congregations separated over slavery, allows a parish to disaffiliate from a denomination where a division has occurred while maintaining legal control over parish property.

Judge Randy Bellows of Fairfax Circuit Court ruled the three parcels of land in Northern Virginia, which include church buildings, are covered by the “division statute,” as it is commonly known.

In April, Bellows ruled that a “division of the first magnitude” has arisen in the worldwide Anglican Communion and its U.S. branch, the Episcopal Church, over homosexuality.

Friday's ruling ends the first chapter of an expensive legal battle. The Diocese of Virginia, which is challenging the breakaway churches' ownership claims, has spent $2 million on legal fees thus far, and has pledged to appeal Bellows' decision to the Supreme Court of Virginia.

“One Virginia judge has looked at this case,”' said Henry D.W. Burt, secretary of the Diocese of Virginia, “now seven Virginia justices need to.'”

In 2007, 11 congregations in Northern Virginia voted to secede from the Episcopal Church because of the denomination's support for gay rights and other liberal developments. The congregations have reorganized as the Anglican District of Virginia.

“We hope that the Episcopal Church and the Diocese of Virginia will realize that it is time to stop this legal battle,” said Jim Oakes, vice-chairman of the Anglican District of Virginia. “In these economic times, we should be focused on helping our communities and spreading the gospel, not spending millions of dollars on ongoing legal battles.”

But the Episcopal Church and Diocese of Virginia maintain that parish property is held in trust for the diocese and the denomination. People may leave the church, they maintain, but the steeples stay.

Moreover, they believe that Virginia's “division statute” is unconstitutional because it infringes on a church's right to have its own rules.

“Within the Episcopal Church,” Virginia Bishop Peter Lee said in a statement, “we may have theological disagreements, but those disagreements are ours to resolve according to the rules of our own governance.”

Charles Robertson, canon to Episcopal Presiding Bishop Katharine Jefferts Schori, said “We are not surprised — or discouraged — by the adverse aspects of today's decision ….We shall now seek review of this case by the Supreme Court of Virginia and are optimistic that that court will reverse the trial court's interpretation.”

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:Daniel BurkeReligion News Service2009 Archives
More by
Religious Herald
  • This BNG series of articles on Christianity and democracy will lead toward the July 4 celebration of America’s 250th birthday. The series has been curated by Carol McEntyre, senior minister at First Baptist Church of Greenville, S.C.

    • What is democracy?
    • The church as school for democracy
    • Democracy as the practice of loving our neighbors
    • Democracy and religious freedom
    • Democracy as a moral practice, not just a system
    • Love of neighbor is a democratic ideal
    • Democracy offers a way for Christian’s to express God’s will
    • Democracy: A political response to human sinfulness
    • Why coercive religious politics undermine Christianity and democracy
    • Democracy and prophetic witness
    • The spiritual discipline of losing
    • Patriotism or nationalism?

  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Lindsey Graham spoke at Baptist church a week before his death

      News

    • When leaders know better but choose a different path

      Opinion

    • On the death of Lindsey Graham

      Opinion

    • Farewell, Three Amigos

      Opinion


    Curated

    • Faith-based AI company Gloo faces moment of truth after $438M in losses

      Faith-based AI company Gloo faces moment of truth after $438M in losses

    • Nuns care for children with HIV, reintegrate them into Indian society

      Nuns care for children with HIV, reintegrate them into Indian society

    • A growing number of federations are asking Jews if they identify as Zionist — and grappling with the results

      A growing number of federations are asking Jews if they identify as Zionist — and grappling with the results

    • Why removing a distinct religious code for Native American military service members will make their needs invisible

      Why removing a distinct religious code for Native American military service members will make their needs invisible

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129