WASHINGTON (RNS)—A Civil War-era law that lets Virginia churches keep their property when leaving a denomination where a “division” has occurred is constitutional, a county judge ruled June 27, siding with 11 former Episcopal parishes.
Fairfax County Judge Randy I. Bellows's ruling on the 1867 law stops short of awarding the property to the parishes, but it hands them a major legal win. An October trial will rule on remaining legal issues, including deeds that predate the law.
The ruling could encourage the dozens of Episcopal parishes in similar court battles across the U.S.
The Episcopal Church and the Diocese of Virginia argued that the law infringes on their First Amendment rights to practice religion without government interference. The diocese signaled that it may appeal the ruling.
The 1867 law allows churches that are part of a denomination in “division” to keep their property when they decide which side to join. Episcopal leaders hold that local church property is held in trust for the diocese and the denomination. People may leave, they say, but the steeple stays.