6 Other Denominations Support Episcopal Church in VA Suit

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.

[from South Florida]

The court may (and probably should) decide simply to adjudicate the dispute on the laws of VA only, and disregard all theological arguments since they all raise constitutional problems and are likely grounds for appeal.

This outcome would favor the parishes, however, since the diocese and national church's claim to title of these properties rests on a theological grounds ("TEC is a hierarchical church") and ecclesiastical rulings (the Dennis Canon) which the Circuit Court can not entertain or enforce without repeating the same potential problem as with 57-9, violating the constitutional separation of church and state.

[bookguybaltmd]

from South Florida wrote:

The court may (and probably should) decide simply to adjudicate the dispute on the laws of VA only, and disregard all theological arguments since they all raise constitutional problems and are likely grounds for appeal.
This outcome would favor the parishes, however, since the diocese and national church's claim to title of these properties rests on a theological grounds ("TEC is a hierarchical church") and ecclesiastical rulings (the Dennis Canon) which the Circuit Court can not entertain or enforce without repeating the same potential problem as with 57-9, violating the constitutional separation of church and state.

Such an interpretation would be contrary to all previous precidents.

[Think Again]

Alan wrote:

It would be nuts if the Episcopal Church let them have any money so they can set up shop across the street and compete with the Episcopal Church. It's just like if some McDonald's franchisees tried to set up a bunch of competing "McRonald's" restaurants. You can bet McDonald's would sue them in a New York minute. No well-run business would ever let its franchisees run off and set up competing businesses. I hope we're suing them for copyright and intellectual property theft and the whole kitchen sink. That's all part of good stewardship -- you keep what you have and try to make more money, which, in fact is what Jesus taught in the story about the talents.

1 Corinthians 6: 4-8 (NIV)
Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers!
The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers.