Peter James Lee "We remain hopeful that the court will recognize the right of the Episcopal Church . . . to govern ourselves."

A Virginia judge is handing an early victory to 11 conservative parishes that bolted the Episcopal Church to protest the ordination of gay people, taking with them millions of dollars in land, buildings and stocks.

Judge Randy I. Bellows of the Fairfax County Circuit said in a procedural ruling late Thursday that he will decide the property-ownership issue under a Reconstruction-era statute considered favorable to the breakaway Northern Virginia parishes.

The closely watched case has religious and political overtones, spotlighting the fissure among the nation's Episcopalians over the installation in 2003 of an openly gay bishop, V. Gene Robinson, and the blessing of same-sex unions.

Further, Attorney General Bob McDonnell, a Republican candidate for governor with close ties to religious conservatives, wants to intervene in the case, defending the 19th-century law that would allow parishes that break with a parent church to retain assets.

The Episcopal Diocese of Virginia says it should keep the property, but that individual parishioners are free to leave the church.

Bellows will hear arguments on May 28 on the constitutionality of the 1867 law, written by the Virginia legislature in response to church splits over slavery and secession. Bellows is expected to consider property claims this fall.

The rebel parishes, which left in 2006 and 2007 for the Anglican District of Virginia, welcomed Bellows' decision as a sign that ultimately -- perhaps through a settlement with the Episcopal Diocese -- they can retain their assets.

"We are pleased with this initial victory," Jim Oakes, district vice chairman, said in a written statement yesterday. "Let us choose healing over litigation and peaceful co-existence over lawsuits."

Peter James Lee, bishop of the Diocese of Virginia, released a letter to Episcopalians in which he said, "We remain hopeful that the court will recognize the right of the Episcopal Church -- and all churches -- to govern ourselves according to our faith and doctrine."

The Virginia Interfaith Center for Public Policy said the Bellows decision is a threat to all hierarchical religious denominations -- among them, Episcopalians, Methodists, Presbyterians and Roman Catholics -- because it augurs state intervention in church affairs.

"While the ruling in this case is not final, this preliminary ruling amounts to a governmental intrusion into a denomination's right to self-governance and reaches far beyond the Episcopal Church and issues of property," said the Rev. C. Douglas Smith, the center's executive director.
Contact Jeff E. Schapiro at (804) 649-6814 or jschapiro@timesdispatch.com.