Phase 1 of Virginia property trial ends
The Falls Church News-Press has an extensive description. Read it all here.
For an excerpt click read more.
Update - Living Church
FCNP
While Phase One of the process involves the applicability of the 1867 statute, as written, Judge Bellows will also rule on a second phase, involving arguments for or against the constitutionality of the statute, itself. The contesting sides will each submit three written briefs to Bellows to argue this question in the next few weeks.The written constitutional arguments are expected to center on the “separation of church and state” provision in the U.S. Constitution by indicating the 1867 statute either is or is not a violation of that. The state statute sought to establish ground rules for the many splits among churches that occurred in Virginia in the wake of the Civil War, but has never been subjected to a constitutional challenge before now.
Judge Bellows said he will take both phases under advisement and indicated he would issue a ruling on January 17, 2008.
The third phase will ensue, when the claims of each of the 11 defecting congregations will be heard on a case-by-case basis. In the case of two of the churches, they had contracts on their property established prior to the 1867 law. But for the other nine, an interpretation of the Episcopal Church’s so-called Dennis canon will be decisive, especially if Judge Bellows finds in favor of the defectors’ appeal for protection under the 1867 law.
