Other denominations support Diocese of Virginia
Several national hierarchical denominations, including the United Methodist church and the African Methodist Episcopal Church, filed an amicus curie (or "friend of the court") brief yesterday supporting the position of the Episcopal Diocese of Virginia that the §57-9 division statute of the Virginia Code “cannot withstand constitutional challenge.” The other denominations on the brief are the African Methodist Episcopal Zion Church and the Worldwide Church of God. This statute is the basis of the CANA congregations' claim that they--and not the Diocese--own church property.
The amicus curie brief makes two arguments:
Section 57-9 violates the First Amendment of the U.S. Constitution by requiring civil courts to conduct an extensive inquiry into, and then resolve, fundamentally religious questions.“Indeed, §57-9 is so hopelessly infused with religious concepts that it gave the Court little choice but to take the nearly unfathomable step of receiving testimony from experts on church polity and church history, in order ‘to assist the court in its obligation to interpret 57-9.’’ Amici Brief at page 2 (quoting Letter Opinion at 63 (emphasis added)).Section 57-9 discriminates among religious denominations in violation of the U.S. Constitution.
The choice to be a hierarchical church “is not motivated by purely ‘administrative’ concerns; rather, the choice reflects a belief – a belief that ‘religious activity derives meaning in large measure from participation in a larger religious community…’” (Corporation of Presiding Bishop v. Amos, 483 U.S. 327, 342 (1987) (Brennan, J. concurring). Amici Brief at page 5.Section 57-9 cannot withstand such strict scrutiny. As the Court has correctly noted, “the legislature defers completely to the independent church’s constitution, ordinary practice, or custom, whereas in [the clause in §57-9 applicable to hierarchical churches], the legislature shows no such deference” to “a hierarchical church’s constitution or canons.” Ltr. Op. at 48 (emphasis added). On that basis alone, the statute clearly violates the prohibition against denominational preferences. Amici Brief at 10.
Read the Diocese's press release about the brief here. The brief of Amici Curiae is here. All of the other court filings, including the CANA congregations' reply brief can be found here.
The issue of the constitutionality of the statute will be heard by the trial court on May 28, 2008. Then follows part III, the property hearing, in October. See our earlier post and the comments therein.
I'm curious as to why the Roman Catholic church isn't participating. Surely, they're in the same situation under this statute as TEC.
Posted by Paul Davison![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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April 25, 2008 8:42 AM
Amidst all this a question: The CANA group - and thus the Church of Nigeria - appear to be pleading relevance of a Virginia "division" statute in their attempt to seize Episcopal Church assets. Division? Has Nigeria declared itself out of communion with Canterbury? The Episcopal Church most definitely has not. If Nigeria/CANA has not then there is no division in the first place - just disagreement and infighting among fellow Anglicans.
The constitutional question is probably more compelling anyway, but the CANA case seems built on the false premise that there is a formal - repeat: formal - split in the Anglican Communion, which, as of this morning, there is not. Unless, of course, Nigeria has declared itself formally out of communion with Canterbury and I just missed it while making coffee.
Posted by Christopher Worthley![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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April 25, 2008 9:46 AM