Proposing a Risky Legal Stategy

Conservative churches that have severed ties with The Episcopal Church over doctrinal issues have chosen two courses of action regarding their church's property. Some have given up the land and buildings and looked for other places to worship. Others have mounted legal challenges to keep their property.

Those that have chosen the latter course have used varying legal strategies. For example, attorneys for two historic churches in northern Virginia, Truro Church and Falls Church, cite the 1867 Virginia Religious Freedom Act which they argue gives them the right to keep church property. So far, the churches have prevailed.

But I would like to see the leaders of at least one church go before a court and argue they're not the ones that have left the church. And I would like to see them make that case theologically. Granted, that strategy would be risky. Courts don't like to get involved in doctrinal matters. But here's why I think it might work.

Since 1801, The Articles of Religion has formed the framework of belief in The Episcopal Church. Click here for a copy of the historic document that traces its roots to the English Reformation in the 1500s. It's not that long and well worth reading. Conservative Episcopalians are proud of the document and hold to the biblical truths it affirms. Many liberal church leaders, however, would probably just as soon their parishioners ignore it because they don't believe much of what it says.

For example, Article 18 states, "For Holy Scripture sets out to us only the name of Jesus Christ, whereby men must be saved."

Some liberal Episcopal church leaders don't believe there is only one path to eternal life and have said so publicly. Nor do they believe the Bible is the inerrant and infallible word of God. Some deny the doctrine of Original Sin and even the notion that Christ rose bodily from the dead.

Imagine a courtroom setting where an attorney representing one of the breakaway churches asks a denominational leader under oath whether they believe these foundational truths of the Christian faith.

Again, I know it would be a risky legal strategy. But the truth is many of these so-called breakaway churches haven't left anything. They've remained loyal to God and His Word. It's the denomination that has left.