I'm thinking 815 loyalists are likely going to have a bad day today. By way of consolation, I'd like to point out that this case will almost certainly be appealed, possibly even to the Virginia Supreme Court.
The bad news is that it's my personal opinion that 1) the statute was complied with, 2) there has been a division and 3) it is constitutional. Were I a betting man, I'd be wagering against the Episcopal Church here. That doesn't mean that the Anglican case is a slam dunk. Just that the odds are in their favour.
Addendum: The ENS has released an article on the subject. I found it curious that the first and last sentences of the article are all about property.
2 comments:
Is there any material significance to this? Other than that the Virginia Anglicans don't have to vacate the property for now, or that the court has established what lying sacks of dung work at/for 815?
Lindy
yes. It's not any kind of precedent for any of the suits outside of Virginia.
For the Virginia cases, this is pretty big. The court has to decide first whether there has been a division within the meaning of the statute. The court just decided there was. Next the court will have to decide if the statute is constitutional. That will happen later this year. Finally, if the court decides the statute is constitutional, then it will have to decide if the statute was properly followed.
So it's the necessary first step. But, the Anglican Diocese of Virginia had the burden of proof on the first step. For the second step, the burden shifts to the Episcopal Diocese of Virginia and 815.
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