VIRGINIA: Episcopal Sect to Sue Unpaid Volunteers of Va. Anglican Churches

Virtue Online

CR DailyOnline
http://www.thecronline.com/news_article.php?nid=2713&ndate=02/07/2007
July 2, 2007

The Episcopal Church and the Diocese of Virginia are seeking to add more unpaid volunteers to the list of defendants in the case against 11 breakaway Virginia churches. If the Episcopal Church is granted this motion it 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.

Counsel for the 11 churches filed a memo opposing the denomination's motions to add more volunteer trustees and lay leaders (known as "vestry member") as defendants in the lawsuit. Currently, the lawsuit includes rectors, vestries and, in comes cases, trustees.

Jim Oakes: "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 (ADV), 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.

"At the core of this case is that The Episcopal Church and the Diocese claim they have a 'trust' interest in the congregations' properties," continued Oakes. "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."

Oakes doesn't understand why the Episcopal Church and the Diocese wants to add more individuals to the lawsuit.

"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."