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January 23, 2007

Episcopalians begin legal property battle over gay clergy

by Cheryl Heckler
Ecumenical News International 

OXFORD, OH — The Episcopal Church USA’s diocese of Virginia is preparing for an all-out legal battle over the ownership of the property in 11 parishes that broke away from the denomination over its tolerance of homosexual clergy. The case involves two of the oldest, largest and most prominent parishes in Virginia and pits church members against the diocese in a struggle over property valued at about $25 million. 
 
     In December, members of the 11 parishes, including the historic Truro Church and The Falls Church, where founding U.S. president George Washington once worshipped, voted to leave the Episcopal Church and affiliated themselves with the (Anglican) Church of Nigeria. 
 
     The diocese and the parishes, however, agreed to delay legal action for 30 days. That agreement expired Jan. 17. 
 
     The following day, Bishop Peter Lee and the executive board of the diocese of Virginia declared the land and buildings held by the 11 parishes to be legally “abandoned” and said they would go to court to recover and protect the property. 
 
     The denomination’s presiding bishop, Katharine Jefferts Schori, released a statement on Jan. 21 saying that parishes “cannot unilaterally disestablish themselves or remove themselves from a diocese. By canon law, property of all sorts held by parishes is held and must be used for the mission of the Episcopal Church through diocesan bishops and governing bodies.” 
 
     She also said the Church of Nigeria has no claim to the property. “Ancient precedent in the Church requires bishops to respect diocesan boundaries, and to refrain from crossing into or acting officially in dioceses other than their own,” Jefferts Schori said.