Church property bill derailed in Va. legislature after AU, clergy protests.

Legislation that would have made it easier for dissenting congregations to keep their property after splitting from their denominations was derailed in Virginia after protests by Americans United and religious groups.

The bill, introduced by Sen. William C. Mims, a Loudoun County Republican, would have allowed a dissenting church to leave its denomination and keep church property, unless a deed or other binding document specifically prohibited it.

SB 1305 was widely seen as an under-the-radar attempt to give support to Episcopal churches that are unhappy with a decision by the national leadership of that denomination to consecrate an openly gay bishop.

Religious leaders from different faith groups were quick to protest after word of the bill got out. Many labeled it an unwelcome state intrusion into internal church matters.

"It seems as though the bill's patrons are trying to trump church law," Doug Smith, executive director of the Virginia Interfaith Center for Public Policy, told the Associated Press.

Critics also said Mims may have been moved to act because his own congregation, the Church of the Holy Spirit in Ashburn, Va., has joined a network of conservative Episcopalians who oppose the gay bishop, Gene Robinson.

Americans United also spoke out against SB 1305.

"I can't remember a more blatant attempt by, a state government to meddle in the internal affairs of a church," said the Rev. Barry W. Lynn, executive director of Americans United. "The lawmakers behind this ill-conceived bill apparently have little understanding of the First Amendment's religions liberty clauses. The First Amendment clearly protects churches from this type of intrusion by the government."

In a Feb. 1 letter to Virginia senators, Lynn urged them to oppose the bill. "Virginia," he wrote, "has a proud history of respecting and preserving religious freedom.... It is against Ibis backdrop that the Senate should consider the profound negative implications of SB1305. This bill would have the Virginia legislature intrude into the internal governing affairs of the church itself, which is prohibited by both the Free Exercise and Establishment Clauses of the First Amendment to the U. S. Constitution."

The bill passed a Senate committee on a unanimous vote, but once religious groups learned of it and began mobilizing, lawmakers backed off. In early February, clergy from around the state descended on the General Assembly Building in Richmond to express their opposition. Many wore clerical garb.

One opponent, Sen. R. Edward Houck, a Spotsylvania County Democrat, remarked, "If there's one thing that we've learned from [this bill], it should be this: There are some things we should just stay away from."

With opposition growing, Mims requested that the bill be sent back to a committee for further study, a move that effectively killed the measure. He said he may reintroduce the measure next year.