Who Really Owns a Church’s Property in the Wake of a Religious Split within a Hierarchical Church?
McElroy, Meghaan, “Possession is Nine Tenths of the Law: But Who Really Owns a Church’s Property in the Wake of a Religious Split within a Hierarchical Church?” . William & Mary Law Review, Vol. 50, 2008 Available at SSRN: http://ssrn.com/abstract=1152842
Courts across the country face a perplexing legal issue regarding the ownership of church property. In the wake of the ordination of an openly gay bishop in 2003, local congregations have broken away from the Protestant Episcopal Church in the United States of America, leading to contentious property disputes over both the real and personal property of the churches. The problem that arises in adjudicating this legal issue is the sparse continuity in court decisions addressing property ownership in the wake of a religious “divorce.” With limited guidelines articulated by the Supreme Court, the states are free to craft their own arsenal for handling church property disputes. Virginia provides a perfect starting point for crafting a bright-line rule that all states should eventually follow, considering the existence of a post- Civil War statute meant to handle such religious property disputes . . .