Drell’s Descants

The Episcopal Church and Diocese of Virginia Seek to Sue More Unpaid Volunteers of Virginia Churches

FAIRFAX, Va. (June 29, 2007) – Counsel for the eleven churches, including their rectors, vestries and, in some instances, their trustees, which have been sued by The Episcopal Church and the Diocese of Virginia, filed a memo opposing the denomination’s motion to add more volunteer trustees and lay leaders (known as “vestry membersâ€) as defendants in the lawsuit (Multi-Circuit Property Litigation, Case No. CL-2007-0248724, Fairfax County Circuit Court).

If granted, The Episcopal Church’s and the Diocese’s motion would automatically add 76 additional unpaid church volunteers to the lawsuit and anyone else who might volunteer to serve as a Vestry member or Trustee of any of the local churches in the future.

“We remind The Episcopal Church and the Diocese that these unpaid volunteer Vestry members and Trustees have made no individual claims to the church property, and Virginia law grants complete immunity from civil liability to those who serve religious organizations without pay. The Episcopal Church and the Diocese have already sued almost 100 unpaid church volunteers who are immune from being sued, and now they want to add more. It is unfortunate that they feel the need to involve these volunteers in the court battle when they have nothing to gain by doing so,†said Jim Oakes, vice-chairman of the Anglican District of Virginia, an association of Anglican congregations in Virginia and a part of the Convocation of Anglicans in North America (CANA). All 11 churches named in the lawsuit are members of ADV.

“It is hard to understand The Episcopal Church’s and the Diocese’s motivation for attacking these volunteers and our churches. The motivation appears to be intimidation, but we remain open to negotiating a reasonable solution. We are simply remaining steadfast in our faith and have chosen to stay in the worldwide Anglican Communion.

“At the core of this case is that The Episcopal Church and the Diocese claim they have a ‘trust’ interest in the congregations’ properties. But the Virginia courts have held time and again that denominations cannot claim an ‘implied trust’ in member congregations’ property. The Episcopal Church even admitted in its complaint that it does not hold title to any of these eleven churches and that the churches’ own trustees hold title for the benefit of the congregations.â€

The Anglican District of Virginia (ADV), incorporated on December 5, 2006, is an association of Anglican congregations in Virginia and part of the Convocation of Anglicans in North America (CANA). ADV members are in full communion with constituent members of the Anglican Communion through their affiliation with CANA, a missionary branch of the Anglican Church of Nigeria, a constituent member of the Anglican Communion. ADV members are thus a part of the worldwide Anglican Communion, a community of 77 million people.