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Various Links RE: Constitutionality of Va. Code § 57-9(A)

Judge Bellows' Ruling:   Letter Opinion on the Constitutionality of Va. Code § 57-9(A) Judge Bellows' Ruling:   Letter Opinion on the Court's Five Questions Anglican District of Virginia:  Anglican Churches Win on Constitutional Grounds The Falls Church:         Judge Bellows' Latest Decision Episcopal Diocese of Virginia:  Court Issues Opinion on Division Statute Constitutionality and Other Statutory Issues Episcopal Church HQ:  Virginia court rules application of 'Division Statute' is constitutional Christianity Today:       Virginia judge sides with breakaway Episcopal churches Richmond (VA) Times-Dispatch/Associated Press:  Breakaway Episcopal churches win round  Los Angeles Times/Associated Press:  Virginia Judge Lets Episcopal Congregations Secede  New York Times/Associated Press:  Legal Victory for Breakaway Churches Washington Post Article:            Episcopal Church Loses in Court Washington Times Article:         Va. judge: church secession law is constitutional Washington Times Article:         Virginia Judge Affirms Parish Property Rights WTOP/Fairfax County Times:    Fairfax Judge Rules in Episcopal Property Dispute News Daily/Reuters:                  U.S. Episcopal Church Dissidents Win Court Ruling Time Magazine/CNN:               An Anglican Schism: Heading for US?

Quote of the day (from the Washington Post, June 28, 2008) from someone who was apparently not happy with Judge Bellows' ruling:

"This is much bigger than the property," said Robin Fetsch, a member of the Falls Church for 27 years and now part of the group meeting in the Presbyterian space. "It's about who is true to the Episcopal faith, and the people I worship with now really are the ones. Those who believe in the grace of Jesus, but also that homosexuality is not a brokenness, not an illness."

"The Episcopal Faith".  I think that this is the crux of the problem!

[image][image][image] Posted by: UncleDino on 6/30/2008 5:02:22 PM , 0 comments

Virginia Judge Rules 'Division Statute' is Constitutional

Judge Randy Bellows has issued an opinion that the Virginia  'Division Statute' is in fact Constitutional.

This is very good news for the CANA congregations in Virginia!

Check back with Baby Blue, MCJ, Titus One-Nine and David Virtue for more details.

Thanks be to God!

A link to the opinion is HERE.

Here is Judge Bellow's concluion:

Conclusion

Today, this Court finds that 57-9(A), as applied, is constitutional. Specifically, this Court finds that the statute, as applied in the instant case, does not violate the Free Exercise or Establishment Clauses of the First Amendment, nor does it violate the Equal Protection Clause of the Fourteenth Amendment, nor does it violate the Takings Clause of the Fifth Amendment.

For 141 years, the Commonwealth of Virginia has had a statute available to congregations experiencing divisions for the purpose of resolving church property disputes. 57-9(A) did not parachute into this dispute from a clear blue sky. Its existence cannot have been a surprise to any party to this litigation, each of whom is charged with knowledge of its contents and, more significantly, its import.

That the Commonwealth of Virginia, in enacting and reenacting a "division" statute, may be unique among our fellow states is of no considerable moment, for in a federalist system each State is free to determine its own path for the resolution of church property disputes within constitutional boundaries. Whether 57-9(A) would be constitutional absent the ability of a church to hold property in forms that would place such property beyond the reach of 57-9(A) is a hypothetical question which this Court need not address; the Code of Virginia most certainly does provide for such alternative forms of church property ownership.

That the Diocese availed itself of this alternative ownership in some cases but chose not to do so in others (and not in the instant cases) does not turn a constitutional statute into an unconstitutional one. Nor is the statute rendered unconstitutional because it requires this Court to make factual findings in a matter involving religious organizations. It is not mere semantics to observe that there is a difference-a constitutionally significant difference-between a finding involving a religious organization and a religious finding.

While it is true of course that 57-9(A) requires the Court to make factual findings involving religious entities, each of those findings are secular in nature. Hence, for this and all the other reasons cited in this Opinion, 57-9(A) is constitutiona1.

 

[image][image][image] Posted by: UncleDino on 6/27/2008 12:58:01 PM , 0 comments

Just Another Round of Golf in Southern California

With all the stuff going on in the Episcopal Organization and now in the Organization of England, nothing makes me feel better than watching Tiger Woods accomplish the impossible.  I almost lost my vocal chords today during the third round of the US Open Golf Championship while Tiger gritted it out through knee pain to take the lead at the end of the day. 

Wow!

Update:

And then on Sunday, when he HAD to make the putt on the 18th green for a birdie ....

Tiger Woods reacts after sinking a birdie putt on the 18th green forcing a playoff against Rocco Mediate during the fourth round of the US Open championship at Torrey Pines Golf Course on Sunday, June 15, 2008 in San Diego. (AP Photo/Chris O'Meara) 

[image][image][image] Posted by: UncleDino on 6/15/2008 9:19:06 PM , 0 comments

Gay activists shut down APA panel

It is obvious to me that Gene Robinson and his homosexual activist friends want absolutely nothing to do with anyone who disagrees with them. 

Take this report from Julia Duin of the the Washington Times, for example:

The American Psychiatric Association suddenly canceled an upcoming workshop on religion and homosexuality during its annual conference here after gay activists campaigned against the two evangelicals slated to appear on the panel.

Planners of the symposium, "Homosexuality and Therapy: The Religious Dimension," originally slated for 2 to 5 p.m. Monday at the Washington Convention Center, at first ignored calls from some gays to cancel the event.

But when its star panelist, the openly gay New Hampshire Episcopal Bishop V. Gene Robinson, dropped out last week, plans for the symposium collapsed amid an avalanche of criticism from gays.

"It was a way to have a balanced discussion about religion and how it influences therapy," said David Scasta, a former APA president and a gay psychiatrist in charge of assembling the panel. "We wanted to talk rationally, calmly and respectfully to each other, but the external forces made it into a divisive debate it never intended to be."

An April 24 article on www.gaycitynews.com called the event "junk science on stage" and "psychiatrists allow ex-gay end run." A Wednesday piece in the Washington Blade, a gay newspaper, said the panel could legitimize "homophobic views."

"Conservatives, particularly Focus on the Family, were going to use this event to draw credibility to the so-called reparative therapy movement," the Blade quoted Bishop Robinson as saying. "It became clear to me in the last couple of weeks that just my showing up and letting this event happen ... lends credibility to that so-called therapy."

A furious Mr. Scasta said the bishop never spoke with him before quitting.

"I got one e-mail from him saying he thought I was being used by the other side, such as Focus on the Family," Mr. Scasta said, calling the reaction from gay groups over-the-top and self-defeating.

"This was supposed to reduce polarization, which has hurt the gay community. They are blocked into this bitchy battle and they are not progressing. They are not willing to do missionary work and talk to the enemy. They have to be willing to listen and change themselves."

"Anything But Straight" author Wayne R. Besen, who is also founder of the pro-gay TruthWinsOut.org, called news of the cancellation "terrific."

"This was a platform for conservatives to get the APA to reconsider its position on homosexuality," he said. "Scasta was being used by the religious right to offer them credibility."

In 1973, the APA removed homosexuality from its list of mental disorders. It condemned reparative therapy in 2000 and endorsed same-sex marriage in 2005.

One of the two evangelical panelists was the Rev. Albert Mohler, president of Southern Baptist Theological Seminary in Louisville, Ky., who was slated to speak on "A Pastoral Approach for Gay & Lesbian People Troubled by Homosexuality." He made headlines in March 2007 when he said on his site that gay people may not choose their homosexuality, a rare stance for a Baptist cleric.

The other was Warren Throckmorton, a psychology professor at Grove City College, an evangelical institution in western Pennsylvania. Mr. Throckmorton, who was to speak on "Practice Framework for Managing Sexual Identity Conflicts," also has a private counseling practice that mainly services married bisexual men who are conflicted about their sexual feelings.

Although he does not teach therapy geared to changing sexual orientation, he is sympathetic to it, "if it is compatible with the value system of the client."

"The APA program committee approved this six months ago," Mr. Throckmorton said. "But when gay activists learned about it, they felt my views on homosexuality are conservative and they didn't agree with them. So they threatened to protest."

Mr. Mohler said he was disappointed that the panel was canceled, adding that he was asked specifically to talk on whether homosexuals can change orientation.

"From a Christian perspective, it is impossible to answer the question 'no,' " he said. "But it is not a simple answer. I would have liked the opportunity to present this in a calm but respectful dialogue what millions of Christians believe about the reality of homosexuality and the power of the Gospel.

"It is clear which side of the argument unwilling to show up for this conversation," he said. "It is a tragedy the APA cannot hold a conversation on a matter of this importance without facing such internal political pressure that it becomes impossible for this symposium to be held."

Robinson is on record as desiring that 'all voices' be at the table to discuss this issue.  Oh, really?

[image][image][image] Posted by: UncleDino on 5/2/2008 4:55:49 PM , 0 comments

Catholic Church's Approach to Property Ownership

I saw this in the Washington Times on April 19, 2008:

Parishes ready for independence

PORTLAND, Ore. — The Roman Catholic Archdiocese of Portland is handing over property deeds to its parishes in a move to make them legally independent, part of a bankruptcy settlement the archdiocese reached last year with victims of sex abuse by priests.

Each parish will be reorganized into a nonprofit "member corporation" with a five-person board of directors.

The archdiocese argued in federal bankruptcy court that church real estate belonged to the parishes, not the archdiocese. The reorganization will spell that out legally.

The victims argued the real estate could be sold to meet settlement claims against the archdiocese.

Very Interesting!

[image][image][image] Posted by: UncleDino on 4/20/2008 7:21:15 PM , 0 comments

Virginia Judge Finds That There IS a Division - 57-9 Applicable

From Truro:
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Judge Bellows has ruled that the Virginia statute which determines property rights after the division of a church is applicable to our situation because such a division had occurred by the time we held our congregational vote.

The judge found that,

"ECUSA/Diocese argue that the historical evidence demonstrates that it is only the "major" or "great" divisions within 19th- century churches that prompted the passage of 57-9, such as those within the Presbyterian and Methodist Churches. ECUSA/Diocese argue that the current "dispute" before this Court is not such a "great" division, and, therefore, this is yet another reason why 57-9(A) should not apply.
 
The Court agrees that it was major divisions such as those with in the Methodist and Presbyterian churches that prompted the passage of 57-9.
 
However, it blinks at reality to characterize the ongoing division within the Diocese, ECUSA, and the Anglican Communion as anything but a division of the first magnitude, especially given the involvement of numerous churches in states across the country, the participation of hundreds of church leaders, both lay and pastoral, who have found themselves "taking sides" against their brethren, the determination by thousands of church members in Virginia and elsewhere to "walk apart" in the language of the Church, the creation of new and substantial religious entities, such as CANA, with their own structures and disciplines, the rapidity with which the ECUSA's problems became that of the Anglican Communion, and the consequent impact-in some case the extraordianry impact- on its provinces around the world, and, perhaps most importantly, the creation of a level of distress among many church members so profound and wrenching as to lead them to cast votes in an attempt to disaffiliate from a church which has been their home and heritage throughout their lives, and often back for generations.
 
Whatever may be the precise threshold for a dispute to constitute a division under 57-9(A), what occurred here qualifies."

The judge will now hold hearings on whether 57-9 is constitutional. However, an appeal is likely and may delay the final resolution of this case.
 
**************************************************************
 
Judge Bellows' Ruling HERE
 
ADV News Release HERE
 
AAC Press Release HERE
 
Diocese of Virginia responds HERE
 
Washington Times reports HERE
 
Richmond Times-Dispatch/AP article HERE
 
Washington Examiner/AP article HERE
   
NY Times Article HERE
 
LA Times/Reuters Article HERE
[image][image][image] Posted by: UncleDino on 4/5/2008 6:34:04 PM , 0 comments

Not Exactly A Bible Study at NatCat

From HERE:

Film Screening: Rumi Returning
Thursday, March 6, 7 pm (FULL)
Friday, March 7, 7 pm

Free, but due to limited seating, reservations required by e-mailing
cgjrirp@ cathedral.org or by calling (202) 537-2357. An e-mail will be sent confirming your reservation.

Rumi Returning outlines the key events in the of Sufi mystic and poet, Rumi. The film beautifully illustrates the life of the best-selling poet in the United States and richly communicates Rumi’s messages of love, tolerance and passion for God (who he calls “the Beloved.â€) Sufism and the Islamic world of the Middle Ages are brought to life through portrayals of Muslim architecture, art, clothing and dance. A question and answer period follows the screening.

[image][image][image] Posted by: UncleDino on 3/7/2008 7:29:29 AM , 0 comments

Peter Lee of Diocese of Virginia Pleads: "SEND MONEY!"

The  Washington Times  reports today that Mr. Lee bad-mouthed his churches for being cheapskates.  Seems that the money is just not coming in.  Maybe the change in the Diocese of Virginia's religion has something to do about it.

And to top it off, the diocesan treasurer said that the $70,000 needed to service the $2 million line of credit is coming out of an endowment fund. As we remember, the $2 million is used to fund the lawsuits against my parish and others.

If THAT doesn't have the faithful-departed endowment-givers rolling over in their graves, I don't know what will.

[image][image][image] Posted by: UncleDino on 1/26/2008 8:58:17 PM , 0 comments
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