Who gets to keep the church property assets? Washington, DC— On April 3, Judge Randy Bellows of the Fairfax County Circuit Court ruled in favor of the Virginia churches that have departed the Episcopal Diocese of Virginia. Bellows ruled that a religious Division had occurred, and that the Virginia Statute on Religious Division, Va. Code 57-9(A), is applicable to this case. The Episcopal Church and the diocese are expected to challenge the court's decision. Bellows has scheduled arguments on the constitutionality of the Virginia statute for May 28. Methodists, as well as two African branches and the
Worldwide Church of God, joined the Episcopal Church this week in challenging the constitutionality of a Civil War-era Virginia law on which the case likely hinges.
A majority of members in the 11 Anglican churches voted to sever their ties to the Episcopal Church and the diocese following disputes over the redefinition and reinterpretation of Scripture.Institute of Religion and Democracy Director of Anglican Action Ralph Webb commented, “Judge Bellows’ decision commendably recognizes facts that the Episcopal Church refuses to accept. The
majority of many congregations across the country and the majority of one
entire diocese have
voted to leave the Episcopal Church.
“And it’s ironic and tragic when a secular judge takes the Episcopal Church’s membership in the Anglican Communion more seriously than the denomination itself. Bellows rightly recognizes that ‘the CANA (Convocation of Anglicans in North America) [c]ongregations were bound by personal ties of ‘affection or sympathy’ with the Anglican Communion’ both before and after they left the Episcopal Church.
“The ruling should cause the Episcopal Church to take a long look at its harsh, take-no-prisoners approach to dealing with church property. This result was by no means inevitable. The denomination should have allowed the diocese to sit down at the table with the CANA congregations.
“Sadly, the Episcopal Church appears more interested in property than people, and more interested in the recovery of property than in reconciliation. Christians certainly can legitimately differ in their conclusions about who lawfully should possess the property. But sometimes you can be overly zealous concerning some goal that you’ll either never reach or will attain at too great a cost.
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Will the Episcopal Church gain the world but lose its soul in the process?”The lawsuit demands that the congregations vacate the properties and asks the court to affirm that the land and churches belong to the diocese. The government didn't step into the dispute between the parishes and the diocese on its own initiative. It was invited in by a lawsuit (in a government court) initiated by the diocese. The diocese wants the government to involve itself in its affairs by using government force to take the parish property and give it to the diocese. But the breakaway churches from the denomination have won the first skirmish in this ongoing battle for control over the property.
The Diocese of Virginia has probably already expended more than $1 million in lawsuits to retain the property of a number of parishes that recently voted to leave. The Diocese recently obtained a
$2 million line of credit to further finance those suits. Although
$30 million to $40 million of property is at stake, (an amount on the scale offered in exchange for the Ambassador College Pasadena campus) for those
$3 million, and the countless hours of time the suits will require from bishops, priests, and laity, the Diocese of Virginia could fund charitable activities rather than line the pockets of those with a "dog in the fight." (AW kudos to Gavin)
Andrews and Kurth, a well-respected Washington, DC firm with international offices, filed an amicus brief on behalf of the Worldwide Church of God. This law firm doesn't come cheap, either. While what money Tkach is paying for such stellar legal counsel is another WCG undisclosed unknown, starting first year associates at the firm are paid at least $160,000 plus perks, which should translate into some hefty legal fees by the partners when billing Tkach for their services. Thomas E. Starnes, is senior counsel on the WCG amicus brief. His biographical experience includes having "been hired as
counsel to defend claims asserted against—and especially to enforce the property rights of—some of the country’s largest and most established religious denominations, including The United Methodist Church; the African Methodist Episcopal Zion Church and the African Methodist Episcopal Church. He has been retained as counsel on litigation matters by the General Council on Finance and Administration of The United Methodist Church; on personnel issues by the General Board of Church and Society of The United Methodist Church; and he currently is honored to serve as Chancellor of the Baltimore-Washington Conference of The United Methodist Church."
Attorney Starnes is undoubtedly quite capable of qualifiedly and aggressively representing Tkach's position in these denominational property matters. In fact, he could be retained as outside counsel to protect and enforce property rights of the Worldwide Church of God or on other potentially litigious matters.
Leaving the WCG denomination? Evidently,
Tkach is worried about his locally chartered churches leaving the WCG fold. Tkach takes the comforting position the WCG is hierarchically organized, with the Pastor General at the highest summit of the unincorporated church association board of elders pyramid he personally appoints, and whose votes he actually controls. The most analogous governmental hierarchy would be that the unelected, lifetime Pastor General is in some ways the equivalent of the elected Pope in the Roman Catholic church.
Reading between the bylaws made public and briefs filed, Tkach is taking the position the denominational hierarchy (meaning Glendora HDQ) are ultimately the real owners in fact of the real estate and personal property of the locally chartered WCG church. Should a locally chartered church decide to disaffiliate itself with the WCG, Tkach believes all of the real estate, buildings and personal property the local church accumulated ultimately belongs to the WCG and must be returned to the control of the Pastor General. Supporting this notion of WCG property rights over the local ministry, a motion for leave to file brief of amici curiae on behalf of the WCG filed in the circuit court of Fairfax County states, quoting the motion filed, "The
Worldwide Church of God is a hierarchically organized Christian denomination of churches with hundreds of congregations located throughout the United States. Like other such denominations, i
t has an interest in protecting denominationally owned or controlled property in circumstances where a
local group chooses to leave the denomination."
The amici curiae brief argues the Virginia Statute on Religious Division, Va. Code 57-9(A), is constitutionally violative of the First Amendment by requiring civil courts to conduct and extensive inquiry into, and then resolve, fundamentally religious questions. It also takes the position 57-9(A) could not withstand constitutional review should the court apply a strict scrutiny standard of constitutional review to the statute, within bounds of the establishment and free exercise clauses of the First Amendment.
The amici brief can be read in full
here. Regardless of how the Fairfax County Circuit Court cases are resolved initially, it will likely be appealed up to the highest courts willing to grant such a hearing; and with Tkach hoping to feather his own nest, by using his WCG bank account dollars to help finance more church litigation to his own favor.
