Lay it Down

From Matt Maher:

Update from the Diocese of Virginia Annual Council

Intrepid is on the scene.  Here is his report:

Bishop Shannon Johnston

"We are so blessed by a generous and godly heritage ..."

Bishop Shannon Johnston began with a discussion of the benefits of the size of the diocese and the ministry of the Diocesan system. He offered a strong call to a greater diocesan and institutional ministry.

"We have greater financial resources available to supply the needs of diocesan ministry ... So we can better meet the common needs and expectations ... We have ample resources to do greater ministry through our diocesan ministries ... We simply must do this, there is no reason or excuse not to ..."

He continued, "The work of the commissions and committees is strong and reaches to all  people in the diocese ... We have a much larger critical mass of people to step up and serve ... We don't have to depend on just a few to do all the diocesan ministries require."

The Bishop then mentioned that the diocese has 59 persons in formation to become ordained ministers, and another 40 people in the exploratory phase. He was very pleased that there were 99 people in this process. It left me wondering if we did not have more people in this system than the Diocese needed considering the size and number of our congregations. And it was a bit odd to think we have more people involved in the ordination process than what must be the median average congregation in the Diocese.

The Bishop then gave a report on how connected the Diocese of Virginia is to the rest of the Anglican Communion. "We are the most outward looking diocese than any other I know of."  He explained that 75 congregations are connected to 40 other churches internationally. He added, "But it's not about quantity but about the quality of relationships in mission." The goal was then given to us for more to become involved. "I am so committed to the Anglican Communion I have set the goal of having relationships with every province in the entire Anglican Communion."

Only one has to wonder about the quality of our diocesan relationships with the Anglicans in ACNA ... I am still amazed at the brash answer I received years ago from Virginia's Bishop Suffragan David Jones. I asked him why the Diocese was not willing to give letters dimissory to priests who wished to depart from the Episcopal Church but remain in the Anglican Communion. Bishop Jones explained to me that there was a "Gentleman's Agreement" among the members of the House of Bishops that no such letters would be given to those who were not actually leaving the diocese/country to take up residence in a church far away. It seemed petty at the time. But as we know, the agreement is still in force, making it hard to see how well connected we are to the rest of the AC. It also is a sad commentary on the quality of our relationships ...

The Diocese of Virginia Annual Council meets in Reston.

The Bishop continued, "Our diocese is under worldwide scrutiny ... In considering the return of Episcopal properties to the ministry of the diocese it is a big mistake to refer to this as a legal battle. It is about theology ... What is a stake is our polity, our ancient and defining order of being the church ... It is a matter of no less than our faithfulness ... And it will take more than the courts to settle things ..."

"Despite the recent court ruling in our favor we simply do not know what the future holds ... We have reason to believe our properties will be returned. For nearly two years we have considered and discussed this positive outcome. We will be fully prepared for any eventuality ... just as we have been able to sustain our case ... I strongly believe that we will be able to do what it takes over the next months and years to be faithful to the church's mission in respect to each of the properties involved. We do have what it takes ... We have the critical mass to move forward. In my mind there can be no doubt we can be up to the task ahead ..."

"We are bristling with possibilities. It is not overstating the case that this is one of the defining moments in our over 400 year history."

The Bishop also announced the creation of a new super committee called Daysprings which will have three working groups ...

• Vision and strategy for the use of the returned properties,
• Resources for funding them and,
• Messaging to communicate inside the diocese and to the world

The Bishop will announce the membership of these groups in the near future. To sum up this section of the address, the Bishop then added, "There must be a spirit of graciousness wherever and whenever possible ... No community of faith or ministry program will be thrown out of its current place." The Bishop said he was open to generous provision, creative solutions and a sense of mutuality, "while protecting the integrity of our own witness."

And he said, "I want to have a witness to the world, particularly the Anglican world, not just an outcome in the court." we wait to see to what that is a witness, but it would seem first and foremost to be a witness to the institution of the diocese and those who minister in it to make things happen. Less was said about individuals or individual parish ministry.  At times the Bishop sounded more like a man trying to get us on board than anything else. He certainly has a great love for the church as an institution. I wonder though about the value of clinging to what may soon be outmoded structures and mission priorities. Especially when the "integrity of our witness" has to do with property disputes.

And I wonder ... Should the return of properties after an expensive court battle truly be the defining event in an over 400 year history as a Diocese. I shudder to think that could be true.

Intrepid is a member of the Diocese of Virginia Annual Council now underway at the Reston Hyatt at Reston Town Center, Virginia.

UPDATE: Bishop Shannon Johnston's pastoral address is now online.  Here is an excerpt:

As all of you know, the matter of our size, resources and abilities has been–over the past five years–under worldwide scrutiny. Our diocese is navigating a complex set of circumstances regarding our effort to return Episcopal properties to the mission and ministry of the Episcopal Church in the Diocese of Virginia. It would be a big mistake to characterize this simply as a “legal” battle. Rather, at its core, this is (make no mistake about it) about theology, meaning who we are as a Church in relationship with Christ and the world. At stake is our polity, that is, our ancient and defining order of our being the Church. Thus, it is altogether a matter of nothing less than our very faithfulness. It will therefore take more than the courts to settle things. So far, our legal efforts are bearing abundant fruit, but that fruit at hand is making ecclesial life even more complex! Despite the recent court ruling in our favor, we simply don’t know now what the future holds. Nonetheless, we have reason to be more confident than ever that our properties will be returned. For nearly two years, we have considered and discussed such a positive outcome, and now we must move to put contingency plans in place. We will be fully prepared for any eventuality...

This is exactly on point in my overall theme here of the advantages of being a large diocese. The bottom line is that just as we have been able to sustain our case throughout a lengthy and expensive legal process, I strongly believe that we will be able to do what it takes over the next months and years to be faithful to the Church’s mission with respect to each one of the properties involved. And, as I’ve here been making the case, we do, in fact, have what it takes–that “critical mass”–when we all put our shoulders to the wheels. To be sure, what’s ahead will take all of us working together as a diocesan Church and ministry. We are faced quite squarely with many questions and challenges right now, but in my mind there can be no doubt: we are up to them. 

Read it all here.

Now at the Cafe: Hold Us Together

Church of England takes steps forward in building bridges with the Anglican Church in North America

The Archbishop of Canterbury and the Archbishop of York have formally released the report to the General Synod of the Church of England of their study on the continuing relationship of the Church of England (CoE) and the Anglican Church in North America (ACNA).  At the February 6-9, 2012 sessions of the Church of England Synod, Archbishop Rowan Williams and Archbishop John Sentamu reported on their findings as requested by the February 2010 Church of England Synod resolution that recognized and affirmed the ACNA's desire to remain in the Anglican family of churches.

UPDATE FROM THE ACNA from here including comments from Archbishop Bob Duncan:

Church of England General Synod Report Encourages “Open-Ended Engagement” 

The General Synod, the national assembly of the Church of England, released a report this week providing further clarity on its working relationship with the Anglican Church in North America, and encouraged an “open-ended engagement with ACNA on the part of the Church of England and the (Anglican) Communion.”

“We are encouraged by the desire of the Church of England to continue to embrace the Anglican Church in North America and remain in solidarity with us as we proclaim the Gospel message and truth as revealed in Scripture in the way it has always been understood in Anglican formularies,” said Archbishop Duncan.

The Church of England General Synod report can be viewed here.

“As we have demonstrated successfully to the GAFCON primates, the Anglican Church in North America remains committed to our growing relationships with Anglican provinces outside of North America. Our biblical orthodoxy and ministries are strengthening our bond to our Anglican brothers and sisters around the globe. We are gratified that we are already in a relationship of full communion with many Anglican Provinces and look forward to expanding that circle.”

“In that regard, we appreciate the work of the Faith and Order Commission of the Church of England, whose report and recommendations to the Archbishops of Canterbury and York form the basis of the document now released for General Synod, and whose content substantially advances the same ends with the Church of England,” concluded Archbishop Duncan.

In July 2009, a resolution was brought forth to the Church of England’s General Synod to recognize its common faith and fellowship with the growing Anglican Church in North America. The following February, 2010, representatives and ecumenical friends of the Anglican Church in North America shared directly with the General Synod the vision of the church for reaching North America with the transforming love of Jesus Christ.  At the 2010 meeting, the General Synod first affirmed the Anglican Church in North America’s desire “to remain within the Anglican family.” 

Read it all here.


Key sections are this:

15. Where then do matters currently stand concerning ACNA on each of these three issues, namely relations with the Church of England, relations with the Anglican Communion and the ability of ACNA clergy to be authorised to minister in the Church of England?

16. The Synod motion rightly began by referring to “the distress caused by recent divisions within the Anglican churches of the United States of America and Canada.” That distress, in which we share, is a continuing element in the present situation and is likely to remain so for some considerable time.

17. Wounds are still fresh. Those who follow developments in North America from some distance have a responsibility not to say or do anything which will inflame an already difficult situation and make it harder for those directly involved to manage the various challenges with which they are still grappling.

18. We would, therefore, encourage an open-ended engagement with ACNA on the part of the Church of England and the Communion, while recognising that the outcome is unlikely to be clear for some time yet, especially given the strong feelings on all sides of the debate in North America.

19. The Church of England remains fully committed to the Anglican Communion and to being in communion both with the Anglican Church of Canada and the Episcopal Church (TEC). In addition, the Synod motion has given Church of England affirmation to the desire of ACNA to remain in some sense within the Anglican family.

20. Among issues that will need to be explored in direct discussions between the Church of England and ACNA are the canonical situation of the latter, its relationship to other Churches of the Communion outside North America and its attitude towards existing Anglican ecumenical agreements.

21. Where clergy from ACNA wish to come to England the position in relation to their orders and their personal suitability for ministry here will be considered by us on a case by case basis under the Overseas and Other Clergy (Ministry and Ordination) Measure 1967.

This is a very positive development.  No door is closed, no windows are locked.  We are asked to deal gently with one another and there are those within our Episcopal and Anglican communities who are very good at speaking truth gently but firmly and building trust.  That does take time.  We do recognize, as Jesus said, that our peacemakers are blessed, and in their work they shall be called the children of God.  A sobering thought indeed.  The conversation is not over, which means the relationship is not over. It's realistic to understand that we do not know the outcome - this is indeed a walk of faith.  The topics on the table are good ones and with malice toward none and charity toward all, by the grace of God we may find a way.  


Have not yet receive official response from Presiding Bishop Katharine Jefferts Schori of The Episcopal Church.  ENS based at the NY offices of the Presiding Bishop does have a story on the report here but no official reaction yet from TEC.


Below is the entire statement from here:

GENERAL SYNOD
The Church of England and the Anglican Church in North America

Church of England Synod

1. On 10 February 2010 the General Synod debated a Private Members Motion concerning the Anglican Church in North America (ACNA). The Motion passed by the Synod, incorporating an amendment moved by the Bishop of Bristol on behalf of the House of Bishops, was as follows:
   „That this Synod, aware of the distress caused by recent divisions within the Anglican churches of the United States of America and Canada,
   
   1. (a)  recognise and affirm the desire of those who have formed the
      Anglican Church in North America to remain within the Anglican
      family;
      
   2. (b)  acknowledge that this aspiration, in respect both of relations with
      the Church of England and membership of the Anglican Communion, raises issues which the relevant authorities of each need to explore further; and
      
   3. (c)  invite the Archbishops to report further to the Synod in 2011
      
2. This note constitutes our response to the request in the final part of the Synod motion. It is necessarily a report on work in progress since the consequences of the establishment of ACNA some two and a half years ago are still emerging and on a number of issues any assessment at this stage must necessarily be tentative.
   
3. We are grateful to the Faith and Order Commission (FAOC) for devoting some time to studying the relevant issues and drawing together for us a range of resources on the underlying ecclesiological questions.
   
4. As was explained in the background note prepared for the Synod debate (GS 1764B), there are at least three different sorts of question, which arise for the Church of England in considering the implications of the creation of ACNA:
   
   •   What is the range of relationship with other Christian churches that is possible for the Church of England?
     
   •   How does a particular local Church become accepted as part of the Anglican Communion?
     
   •   In what circumstances can the orders of another Church be recognised and accepted by the Church of England so that someone ordained in that church can be given archiepiscopal authorisation for ministry here?
     
5. The location of responsibility for determining each of these questions is distinct.

6. Thus, it is for the decision making bodies of the Church of England to determine the nature of its relationship with other Christian churches. Since the creation of the General Synod in 1970 the mind of the Church of England on such matters has been discerned in the General Synod, which, because issues of theology and ecclesiology are involved, necessarily looks for guidance to the House of Bishops.
   
7. This has been the case whether the issue has been about the Church of England entering into communion with another Church, as with the Porvoo Churches in the 1990s, or whether it has concerned a formal agreement of a different kind, such as the Covenant with the Methodist Church in 2003.
   
8. In relation to the second question, the concept of membership of the Anglican Communion is not entirely straightforward. The Communion itself (in common with the Church of England) has no legal personality. In addition (and unlike the Church of England) it does not have a set of canons which set out its core beliefs and regulate aspects of its internal governance.
   
9. Thus, from the time of the first Lambeth Conference in 1867, those Churches whose bishops have been invited by the Archbishop of Canterbury of the day to attend, participate fully and vote in the deliberations of the Conference have been regarded as part of the Anglican Communion.
   
10. The creation of a new legal entity in the 1960s – the Anglican Consultative Council (ACC) – created the need for a more formalised basis for membership of that body. Under the ACC‟s constitution a Church can be added to the ACC schedule of membership by decision of the Standing Committee of the Communion and with the assent of 2/3 of the primates of the Churches already listed in the schedule.
    
11. The third question- how a judgement is made over whether someone‟s orders are recognised and accepted by the Church of England- is not dependent on whether the Church from which that person comes is in communion with the Church of England or a member of the Anglican Communion.
    
12. The criteria set out in a report of 1980 from the Faith and Order Advisory Group on Episcopi Vagantes remain helpful namely:
    “. . . that the minister of ordination must be a bishop, himself validly consecrated, the recipient must have been baptised, the right matter must be used which is the laying on of hands, and the right form which consists of words of prayer referring to the special gift and showing the object of the laying on of hands.”
    
13. Thus, those ordained in other churches which accept the historic episcopate- for example the Roman Catholic Church and the Orthodox Church- may be received into the Church of England and authorised to minister, as may clergy from the Church of England in South Africa.
    

14. Authorisation by the Archbishop of the Province is considered on a case by case basis and will take a number of relevant considerations into account. It is not the case, therefore, that ordination in another Church of this kind confers any entitlement to minister here. But it does involve the conferring of orders which the Church of England is able to recognise and accept.
    
15. Where then do matters currently stand concerning ACNA on each of these three issues, namely relations with the Church of England, relations with the Anglican Communion and the ability of ACNA clergy to be authorised to minister in the Church of England?
    
16. The Synod motion rightly began by referring to “the distress caused by recent divisions within the Anglican churches of the United States of America and Canada.” That distress, in which we share, is a continuing element in the present situation and is likely to remain so for some considerable time.
    
17. Wounds are still fresh. Those who follow developments in North America from some distance have a responsibility not to say or do anything which will inflame an already difficult situation and make it harder for those directly involved to manage the various challenges with which they are still grappling.
    
18. We would, therefore, encourage an open-ended engagement with ACNA on the part of the Church of England and the Communion, while recognising that the outcome is unlikely to be clear for some time yet, especially given the strong feelings on all sides of the debate in North America.
    
19. The Church of England remains fully committed to the Anglican Communion and to being in communion both with the Anglican Church of Canada and the Episcopal Church (TEC). In addition, the Synod motion has given Church of England affirmation to the desire of ACNA to remain in some sense within the Anglican family.
    
20. Among issues that will need to be explored in direct discussions between the Church of England and ACNA are the canonical situation of the latter, its relationship to other Churches of the Communion outside North America and its attitude towards existing Anglican ecumenical agreements.
    
21. Where clergy from ACNA wish to come to England the position in relation to their orders and their personal suitability for ministry here will be considered by us on a case by case basis under the Overseas and Other Clergy (Ministry and Ordination) Measure 1967.
    

Rowan Cantuar: December 2011

Sentamu Ebor: 

Read it all here.

Today at the Cafe: At Last

Etta James (1938-2012)

Today at the Cafe: The Road Goes Ever On

Bob Dylan pays tribute to filmmaker Martin Scorsese

Bob Dylan now IS the smokey blues.

Wit and Wisdom from the Vicar of Baghdad

An amazing thing happened this past Sunday at Truro.   Canon Andrew White preached at Truro.  Scheduled far in advance, the visit of the man known as the "Vicar of Baghdad," was simply an extraordinary event, following days after the ruling by the Fairfax Circuit Court awarding the church property back to The Episcopal Church.  His message was simple, that we reach out with the love of Jesus to all.  One should be careful of those seemingly simple messages - they can be life changing.  Canon White must walk out his talk every day of his life in one of the most frightening places on the planet and he exhorted us with humor and pathos to go deep into the love of God, to reach out to those with whom we are different, those with whom we disagree, those that have hurt us, those who are unreconciled and reach out in love and marvel at what God can do when all seems lost.

Listen to his 8:30 a.m. service talk at Truro here or click below:




Also, he has done an interview in Canada and it's a must watch.  It's two parts, and the first part has all ready posted.  When Part 2 comes up I will put that up as well. 

UPDATE: Here is Part 2!

He is Risen!

BREAKING NEWS: Fairfax Circuit Court rules for The Episcopal Church and the Diocese of Virginia ...

The Fall Church, Falls Church

‘Here we stand. So help us God. We can do no other.’

Seven Anglican congregations in Virginia that are parties to the church property case brought by The Episcopal Church and the Episcopal Diocese of Virginia are reviewing today’s ruling by the Fairfax County Circuit Court that the property should be turned over to the Episcopal Diocese.

The Circuit Court heard the case last spring after the Virginia Supreme Court remanded it in June 2010. The congregations previously had succeeded in their efforts on the Circuit Court level to defend the property that they bought and paid for.

“Although we are profoundly disappointed by today’s decision, we offer our gratitude to Judge Bellows for his review of this case. As we prayerfully consider our legal options, we above all remain steadfast in our effort to defend the historic Christian faith. Regardless of today’s ruling, we are confident that God is in control, and that He will continue to guide our path,” said Jim Oakes, spokesperson for the seven Anglican congregations.

Truro Church, Fairfax

The Rev. John Yates, rector of The Falls Church, a historic property involved in the case, stated, “The core issue for us is not physical property, but theological and moral truth and the intellectual integrity of faith in the modern world. Wherever we worship, we remain Anglicans because we cannot compromise our historic faith. Like our spiritual forebears in the Reformation, ‘Here we stand. So help us God. We can do no other.’”

The seven Anglican congregations are members of the newly established Diocese of the Mid-Atlantic, a member diocese within the Anglican Church in North America. Bishop John Guernsey of the Diocese of the Mid-Atlantic has expressed to leaders of the seven congregations, “Our trust is in the Lord who is ever faithful. He is in control and He will enable you to carry forward your mission for the glory of Jesus Christ and the extension of His Kingdom. Know that your brothers and sisters in Christ continue to stand with you and pray for you.”

Church of the Apostles, Fairfax

The Fairfax Circuit Court ruled that the Episcopal Church and the Diocese of Virginia have “a contractual and proprietary interest” in each of the church properties.

The court ordered that all property subject to its ruling be turned over to the Episcopal Diocese of Virginia.

Those properties are: The Falls Church, Falls Church; Truro Church, Fairfax; St. Paul's Church, Haymarket; Church of the Apostles, Fairfax; St. Margaret's Church, Woodbridge; St. Stephen's Church, Heathsville; and Church of the Epiphany, Herndon.


UPDATE: Ruling is here.

Here is coverage from The Washington Post:

Truro Church

 Virginia judge has ruled against seven conservative congregations that broke away from the Episcopal Church in 2006, rejecting their argument that they should be able to keep valuable church property that the national denomination also claims.

The case has drawn worldwide attention because it involves a cluster of large, prominent churches with well-known conservative pastors and because the issues at hand — particularly the Episcopal Church’s continued acceptance of same-sex relationships as equal to heterosexual ones — are roiling much of organized religion. Various Protestant congregations, in particular, have wound up in litigation across the country.

The 113-page ruling was handed down Tuesday by Fairfax County Circuit Court Judge Randy Bellows. It was not immediately clear whether the seven congregations would appeal. They are part of a movement called the Anglican Church in North America, and all believe that they — not the Episcopal Church — represent true Anglicanism on the continent.

If they decide not to appeal, the seven congregations would have to vacate their churches, including some of the largest and most prominent in the region. Among them are The Falls Church and Truro Church in Northern Virginia, where thousands of people worship.

When the congregations voted in 2006 and 2007 to separate from the Episcopal Church, almost all their congregants sided with the conservatives. Just four, much smaller groups who did not want to leave the Episcopal Church remained together as congregations. They have been worshiping in basements and other temporary spaces during the litigation.

“The core issue for us is not physical property, but theological and moral truth and the intellectual integrity of faith in the modern world,” said Rev. John Yates, rector of The Falls Church. “Wherever we worship, we remain Anglicans because we cannot compromise our historic faith. Like our spiritual forebears in the Reformation, ‘Here we stand. So help us God. We can do no other.’ ”

Bellows was charged in this phase of the case with deciding whether the diocese or the congregants owned the property under Virginia real estate law. Evidence included questions about who paid for the property, who maintained it and whose names were on the deeds, among other issues.

According to a news release from the Diocese of Virginia, one of the largest Episcopal dioceses in the country, Bellows ruled that the national denomination and the diocese have “a contractual and proprietary interest” in each of the properties subject to the litigation. The court ordered that all property subject to its ruling be turned over to the Diocese, the release said.

“Our goal throughout this litigation has been to return faithful Episcopalians to their church homes and Episcopal properties to the mission of the Church,” the Rt. Rev. Shannon S. Johnston, Episcopal bishop of Virginia, said in a statement late Tuesday night.

Read it all here.

And from the Associated Press (AP):

The Falls Church

A judge has ruled that the Episcopal Church should be restored as the owner of several historic churches in Virginia, years after the denomination was essentially evicted by local congregations dismayed with Episcopals' liberal theology.

The judge on Tuesday reversed a ruling he made in 2008 giving custody to the conservative congregations. The Virginia Supreme Court overturned that ruling and ordered a new trial.
At issue is ownership of seven Virginia churches, including two historic congregations that trace their roots to George Washington: Truro Church in Fairfax and The Falls Church, for which the city of Falls Church is named.

The congregations voted to leave the Episcopal Church in 2006 following the Episcopals' consecration of an openly gay bishop and other theological disputes.

The conservative congregations are considering an appeal.

Anglican Curmudgeon has first thoughts here.  He writes:

The opinion is remarkable for its exhaustive consideration of every possible Virginia statute and previous case (including an unreported one) that could bear on the issues at stake. Along the way, it notably holds that the Dennis Canon (and its local diocesan equivalent) were ineffective per se to create a trust interest in favor of the diocese or national Church. But the bulk of the opinion appears (on a very quick first read) to be devoted to arriving at the same result (i.e., as if the Dennis Canon and its local equivalent had established a trust) by other means. It reaches its conclusion in favor of ECUSA and its diocese by drawing upon a minutely detailed analysis of the course of conduct between the parishes in question and the former entities over more than a hundred years (and in the case of Falls Church and a few others, for many more years than that -- but in the case of the Church of the Epiphany, on a course of conduct extending for just the first twenty of the last twenty-four years).

In doing so, however, the court ends up equating what it terms a "proprietary and contractual interest" of the diocese in individual parish property to the functional legal equivalent of an express or implied trust in favor of the diocese (and the national Church). And since it recognizes that Virginia law does not allow express or implied trusts in favor of denominations, the marvel is that Judge Bellows can still conclude, by drawing heavily upon his interpretation of a Virginia statute (§ 57-16.1), that the parishes effectively controlled their own properties only for so long as they remained constituent members of the Episcopal Church (USA) -- which is exactly what the Dennis Canon states, in haec verba.

The result is a carefully-crafted holding that appears (at first blush, at any rate) to be insulated against any federal constitutional grounds for overturning it -- unless it can be argued that the "proprietary and contractual interest" which the court found to be decisive is simply the inherent byproduct of being affiliated with what the Virginia Supreme Court already deemed (without any distinctions) to be a "hierarchical church." If that is the net effect of this decision, one has to wonder whether or not Judge Bellows has given the Episcopal Church (USA) an unassailable preference by the back door, and so thereby "established" it as a specially preferred type of church for purposes of resolving property disputes, in violation of the First Amendment.

Read it all here.  Curmudgeon will update with a closer reading soon.

Here is a summary of the ruling from the Court's opinion:

St. Paul's Church, Haymarket

1. TEC and the Diocese have a contractual and proprietary interest in each of the seven Episcopal churches that are the subjects of this litigation. Specifically, the Court finds for TEC and the Diocese in their Declaratory Judgment actions and, among other relief, orders that all real property conveyed by the 41 deeds, as well as all personal property acquired by the churches up to the filing date of the Declaratory Judgment actions (on or about January 31, 2007 or February 1, 2007) are to be promptly conveyed to the Diocese. (Additional instructions are provided at the conclusion of this Letter Opinion.) 

St. Stephen's, Heathsville

2. The CANA Congregations‟ Amended Counterclaims are denied in their entirety. Specifically, the Court finds that the CANA Congregations, in that they are not Episcopal Congregations, do not possess either contractual or proprietary interests in the property of the seven Episcopal Churches at issue. They are, therefore, enjoined from further use or control of these properties and must promptly relinquish them to the Diocese. Moreover, the Court finds no merit in the CANA Congregations‟ claims for unjust enrichment, quantum meruit, and constructive trust and grants TEC‟s and the Diocese‟s motions to strike these claims.    

3. The vestry empowered to elect directors to the Falls Church Endowment Fund is the vestry recognized by the Diocese as the Episcopal vestry of The Falls Church, that is to say, the Continuing Congregation.



The Diocese of Virginia's press release is here:

St. Margaret's Woodbridge

Tonight, the Fairfax Circuit Court issued its ruling in favor of the Diocese of Virginia and the Episcopal Church in litigation seeking to recover Episcopal church property.

“Our goal throughout this litigation has been to return faithful Episcopalians to their church homes and Episcopal properties to the mission of the Church,” said the Rt. Rev. Shannon S. Johnston, bishop of Virginia.

 The court ruled that the Episcopal Church and the Diocese of Virginia have “a contractual and proprietary interest” in each of the properties subject to the litigation. The court ordered that all property subject to its ruling be turned over to the Diocese.

Church of the Epiphany, Herndon

“We hope that this ruling will lead to our congregations returning to worship in their church homes in the near future, while finding a way to support the CANA congregations as they plan their transition,” said Henry D.W. Burt, secretary of the Diocese and chief of staff.

Bishop Johnston added, “While we are grateful for the decision in our favor, we remain mindful of the toll this litigation has taken on all parties involved, and we continue to pray for all affected by the litigation.”

Hast thou not known?  
Hast thou not heard, 

that the everlasting God, 

the LORD, the Creator 

of the ends of the earth, 

fainteth not, neither is weary? 

There is no searching 

of His understanding.

He giveth power to the faint, 

and to them that have no might 

He increaseth strength.

Even the youths 

shall faint and be weary, 

and the young men 

shall utterly fall;

but they that wait 

upon the LORD 

shall renew their strength; 

they shall mount up with wings 

as eagles, 

they shall run 

and not be weary, 

and they shall walk 

and not faint.

Isaiah 40:28-31

UPDATE: The local "Patch" - an online newspaper - sent a reporter to last night's Prayer & Worship service at Truro and did an amazing job covering what we all know is a complex case. From here:

The Rev'd Tory Baucum

Truro Church members huddled in small groups to pray for the unity and preservation of their congregation Wednesday night. They asked for support for their vestry, the church's staff and the congregation's children in light of the latest ruling in their long-fought battle to keep the church they've cultivated for over a century.

Fairfax County Circuit Court Judge Randy Bellows told Truro and six other congregations in the Northern Virginia area on Tuesday to give their church property to the diocese they divorced years ago.

The ruling comes after almost five years of litigation and hundreds of thousands of dollars in congregation-donated defense funds.

Now Truro is stuck in a limbo of sorts. The "unfortunate and ungodly" litigation, as described by Rector Tory Baucum, is coming to a close, and not on a good note for Truro's members.

"I was not happy yesterday," Baucum said. "But I was not devastated. I do have complete confidence that we are walking with the Lord."

Truro leadership urged its members to stay positive and show mercy and grace in dealing with the likely loss of their church. Bishop John Guernsey, of the Diocese of the Mid-Atlantic, a branch of the Anglican Church of North America, dropped by the service with a few positive words for members.

"I love you, I love Truro, and you are all so dear," he said. "I'm so thankful we're in this together. Our diocese changed overnight and I can't wait to see what [God] does with us."

What follows is a summary of what convinced Truro and the other congregations to separate from The Episcopal Church (TEC) and what the court decision means for them.

There is more - read it all here. It was a very special informal Evening Prayer service - there will be a time for questions and answers this Sunday at the Rector's Forum.

Jeff Walton writes an informative piece on where things stand right now in anticipating a decision not to appeal Judge Bellows opinion. From here:

The Falls Church main worship space

A recent court ruling in a dispute between current and former Episcopalians has awarded all church properties to the Episcopal Diocese of Virginia. Reports have focused on the theological disputes precipitating the legal battle. Less covered has been the cost of the conflict, both in finances and church attendance.

If the departing congregations decide not to appeal, the Episcopal Church has won a major legal victory – but one that may prove to be pyrrhic.

Who's moving in?

Framing their litigation as “seeking to recover Episcopal Church property,” diocesan officials have stated that their goal is to “return faithful Episcopalians to their church homes and Episcopal properties to the mission of the Church.”

A majority of members in the seven Anglican churches in 2006-2007 voted to sever their ties to the Episcopal Church and the diocese following disputes over the redefinition and reinterpretation of Scripture. These churches became part of The Convocation of Anglicans in North America (CANA) under the authority of the Anglican Church of Nigeria. They included some of the diocese's largest and fastest growing churches. In some cases, it’s unclear what Episcopalians will now reclaim evacuated church buildings.

The congregations of Church of the Apostles and Truro Church, both in Fairfax, Virginia, departed in their entirety; there are no continuing Episcopal congregations to inherit these buildings.

Other parishes, such as The Falls Church, in the city of Falls Church, and Church of the Epiphany in Herndon, Virginia, have seen small continuing Episcopal congregations separate from the much larger departing groups. These continuing congregations have meanwhile been meeting in nearby rented facilities. The state of these continuing congregations – often by their own admission – can be described as at best poorly prepared to maintain and operate large church properties, or at worst, teetering on the edge of being non-viable.

With an annual budget of approximately $6 million and an average weekend attendance of about 2,000, The Falls Church (Anglican) will be displaced by a continuing Episcopal congregation with an average 2010 attendance reported as 74 persons. Figures provided in the annual report of the continuing congregation list a budget of $249,406 that has the congregation operating in a deficit and receiving special grant money from the diocese.

“It is clear that this deficit cannot be sustained as we move forward,” wrote Jim Councilor, the Episcopal congregation’s treasurer. “Without increased income, our Vestry will need to make some difficult operational decisions to ensure that we operate within our means.”

Since the release of the annual report, the congregation’s priest-in-charge has left to assist at another congregation and has not been replaced. The former assistant now serves as the only paid staff.
While the continuing Episcopal congregation from The Falls Church currently pays $9,000 a year in facility costs to Falls Church Presbyterian Church for worship and office space, the Anglican congregation expends approximately $750,000 a year to maintain and operate the much larger home church campus.

Despite running a deficit, the continuing congregation in Falls Church seems downright stable compared to the continuing Episcopal congregation of Church of the Epiphany. This congregation quickly cycled through three different priests since the split, while a fourth (who serves part-time) is working with a consultant on “refocusing the sustainability of the parish.”

Before the split, Church of the Epiphany reported $800,000 in annual plate-and-pledge income and average weekend attendance of 380. The continuing Episcopal parish now reports plate-and-pledge income of approximately $50,000 and an attendance average of fewer than 20 persons in 2010. The most recent treasurer’s report listed that the church has $36,542 cash-on-hand.

The Epiphany continuing Episcopal congregation has “…fewer people than most people might consider viable…” according to the parish report of the current priest-in-charge.

In a position to subsidize?

Truro Church campus

The Episcopal Diocese of Virginia has itself faced difficult decisions related to finance. At a recent diocesan council, officials reported that they had drawn from a line of credit to fund litigation. Listing the expected sale of “non-consecrated” properties as a method of repayment, the officials implied that they would be selling structures other than worship houses awarded in their litigation against departing churches.

According to officials on both sides of the dispute cited in the Fairfax Times, both the Anglican group and Episcopal Diocese have spent in excess of $3 million each in litigation costs.

“Non-consecrated” properties owned by the churches could include rectories, administrative or education buildings. Both Truro Church and The Falls Church own such downtown properties, which could conceivably generate enough to pay down litigation fees. One-time property sales would not ensure ongoing operating income long-term, however.

While the diocese has provided small grants to the continuing Episcopal congregations, it is not in a position to subsidize them long-term, especially with increasing operating costs that come with church properties. Past Bishop of Virginia Peter Lee began retirement three months early, citing the need to reduce expenses for the diocese. Similarly, current Bishop Shannon S. Johnston has expressed dissatisfaction at the relatively low contribution from parishes in the diocese. According to the bishop, the average percentage of parish funds set aside for the diocese is among the lowest in the Episcopal Church.

It isn’t just a reduced level of giving that the Diocese of Virginia is facing. According to self-reported statistics, the diocese has lost 26 percent of its attendance in the past decade and has ceased planting new churches, despite significant population growth in Virginia. With the rapid increase of the median age of Episcopalians, there may not be "a future generation of Episcopalians" to worship in these properties.

A way forward?

Tens of thousands of dollars were spent in snow removal in '09.

With continuing Episcopal congregations either ill-prepared to maintain properties or altogether nonexistent, paired with a diocese that is stretched thin financially, there are few options for stewarding church properties awarded by courts. With the diocese indicating that the sale of non-consecrated properties will go to paying off legal costs, the only source of long-term revenue is either to grow the size of the continuing Episcopal parishes or to lease their consecrated property to others.

Having abandoned the practice of church planting, Virginia Episcopalians seem unlikely to grow their financially vulnerable congregations. The Falls Church continuing Episcopal congregation lists only an increase of 10 attendees in the past three years, with few baptisms and confirmations. Diocesan officials may be hoping that a large number of former Episcopalians will stay tethered to the property, thus returning to the Episcopal fold. If only 5 percent of the Anglican congregation remains with the property, it would more than double the attendance at the Episcopal parish.

In a press release issued immediately after the court ruling, diocesan officials may have indicated their own short-term proposal for the properties:

“We hope that this ruling will lead to our congregations returning to worship in their church homes in the near future, while finding a way to support the CANA congregations as they plan their transition,” said Henry D.W. Burt, secretary of the Diocese and chief of staff.

“Support” for the CANA (departing) congregations has not been a stated concern of the diocese in the past. In seeking to avoid both the public relations discomfort of empty buildings and the financial burden of maintaining such properties, the diocese may seek to enter into short term lease agreements with the Anglican parishes.

Other departing parishes that entered into earlier legal settlement with the diocese, including Church of Our Savior near Leesburg, Virginia, were given the option of leasing their existing spaces from the diocese in exchange for disaffiliation with the Anglican Church in North America (ACNA). It remains to be seen if such an option would be presented to the other departing parishes, or if they would accept. It also remains to be seen if the diocese ultimately attempts to sell consecrated properties. Collectively, the value of all properties for the departing parishes has been estimated to be worth as much as $40 million.

Read it all here.



 



Bishop John Guernsey writes to the seven churches affected by the ruling.  
From here:

To the Clergy, Vestries and People of:

Church of the Apostles
Church of the Epiphany
The Falls Church
St. Margaret’s Anglican Church
St. Paul’s Church
St. Stephen’s Anglican Church
Truro Church

Dear Friends,
Grace and peace to you in Jesus Christ our Lord.

As many of you have already heard, Judge Bellows found against our churches and in favor of The Episcopal Church and the Episcopal Diocese of Virginia in the lawsuits that TEC and the Diocese filed against the congregations.

I want to convey to all of you who are affected by last night’s court ruling how profoundly moved I am by your bold stand for the Gospel. You are a witness to many as you remain steadfast in your faith in Jesus Christ.

The ruling stirs many deep feelings, yet we know that our Lord is mightily at work. The Apostle Paul knew great hardship and disappointment and loss, but he knew a greater reality, as well. He knew the transforming power of Jesus Christ in the midst of adversity. He testified to that when he wrote, “We rejoice in our sufferings, knowing that suffering produces endurance, and endurance produces character, and character produces hope, and hope does not put us to shame, because God’s love has been poured into our hearts through the Holy Spirit who has been given to us.” (Romans 5:3-5)

As we’ve said all along, the real issue is not property, but our commitment to the truth of the Scriptures and the Lordship of Jesus Christ. Our trust is in the Lord who is ever faithful. He is in control and He will enable you to carry forward your mission for His glory and the extension of His Kingdom.

Be assured that your brothers and sisters in this Diocese and in the Anglican Church in North America continue to stand with you and pray for you.

“Now to him who is able to do immeasurably more than all we ask or imagine, according to his power that is at work within us, to him be glory in the church and in Christ Jesus throughout all generations, for ever and ever! Amen.” (Ephesians 3:20-21)

Faithfully yours in Christ,

The Rt. Rev. John A. M. Guernsey
Bishop, Diocese of the Mid-Atlantic

Read it all here.

Today at the Cafe: Lind, Hielsen, Fuentes & Holm

This week's episode of Anglican Unscripted concludes with this song by four singers from Norway.  Their lament of Hallelujah is haunting and a fitting soundtrack to recent events in the Anglican world.

BREAKING NEWS: Archbishop of Uganda Henry Orombi calls for successor; will step down later this year as leader of one of the largest provinces in the Anglican Communion

Archbishop Henry Orombi, a major leader in the Anglican Communion will step down later this year. He has called for the election of a successor.

From here:

Archbishop Henry Orombi

Archbishop Henry Orombi has called for the election of a successor as primate of the Church of the Province of Uganda.

In an address to a meeting of the Ugandan House of Bishops on 7 Jan 2012, Archbishop Orombi said he would step down by year’s end, just short of year before his mandatory retirement at age 65.

In a statement given to Anglican Ink by the Church of Uganda, Archbishop Orombi said he was taken an early retirement to allow him to focus on pastoral ministry. “I want to use my retirement to preach the Gospel single-heartedly. This has been my single passion and I want to fulfill the call while I can still do it."

Archbishop Orombi confirmed the announcement in Ntungamo on 8 January, during the consecration and enthronement of the new Bishop of South Ankole Diocese, the Rt. Rev. Nathan Ahimbisibwe.

Educated at Bishop Tucker Theological College, the predecessor of Uganda Christian University and St John's College, Nottingham, Archbishop Orombi was ordained in 1978 and served as a diocesan youth minister from 1979 to 1986. In 1987 he was appointed Archdeacon of Goli and in 1993 elected Bishop of Nebbi.

In 2003 he was elected to a ten year term as Archbishop and Primate of Uganda and translated to the Diocese of Kampala, and was installed in office on 25 Jan 2004. Under Ugandan canon law the primate serves for a ten year term of office, or until his 65th birthday.

As Primate, Archbishop Orombi oversaw the rapid expansion of dioceses and communicants in the Church of Uganda, the building of a new cathedral for Kampala, and a high profile role in the international councils of the Anglican Communion. The archbishop emerged as one of the principal leaders of the Global South group of primates and one of the founding primates of GAFCON movement.

The House of Bishops will elect a new archbishop at their June meeting, with a tentative consecration set for December 2012.

Read it all here.

Today at the Cafe: Here I am

Breaking News: Make or break meeting set for Churck Murphy and the Archbishop of Rwanda; will meet in Nairobi today

From here:

Bishop Chuck Murphy

The leader of the Anglican Mission in America, Bishop Chuck Murphy, will meet with the Primate of Rwanda today to seek a resolution to the split that has seen nine AMiA bishops quit the province and the Anglican Communion.

The Archbishop of Kenya, Dr. Eliud Wabukhala will host the 4 Jan 2012 meeting between Bishop Murphy and Archbishop Onesphore Rwaje in Nairobi.  Other African and North American church leaders are expected to attend the meeting as well.


Read it all here.

Thad Barnum and the AMiA: Why I Decided to Stay in Rwanda

From here:

Bishop Thad Barnum

On December 5, my last COB conference call, I learned of a conversation that would eventually take root and change the course of AMIA altogether. Our Chairman reported that in June, at some point during or after the turbulent House of Bishops meeting in Rwanda, retired Archbishop Kolini said to our Chairman that he believed it was time for AMIA to leave Rwanda.

And with that, vision was born.

By mid-summer, our Chairman met in London with AMIA's retired and founding archbishops. It was here, as I understand it, that the concept of a new AMIA Missionary Society took shape out of a perceived concern that AMIA was suddenly vulnerable to the leadership changes in Rwanda. As this meeting took place, the vision of the Missionary Society -- a real, tangible "option" -- was as yet completely unknown to, and outside the counsel of, our own Rwandan Archbishop, Onesphore Rwaje.

But it had momentum and strength. It connected the AMIA with our past because our three retired founding archbishops now put their full weight of support behind the vision. And I realized then, even when I first heard of this plan in late August, I knew that the possibility of leaving Rwanda and starting a new Missionary Society was more than just an "option."

To me, it felt like a done deal.

A deal I knew would divide us. Or at least me. For I actually believed that we, in AMIA, at our very core, were more than canonically resident in Rwanda. We were in relationship with them, and them with us, and if the day ever came for us to be released into something different, something new, it would be have to be done together in prayer, over time, and by the unity and peace that comes from the Holy Spirit.

No, for me, I personally could not take the journey out of Rwanda.


Read it all here at SF.

Remembering the journey on the Canterbury Trail

For all of you dear friends who come and stay a while here at the Cafe - We hoist a few, we tip a few, we throw a few, and every so often someone goes crashing through the door.  But all are treasured, yes every one and as we begin a new year we celebrate here at the Cafe that we're still here, still passing the butterbeer, singing into the sky, and sharing the stories of our journey down the Canterbury Trail.  God bless you all. You are loved.