Yesterday in the Commonwealth of Virginia, the Fairfax Circuit Court ruled in favor of the Diocese of Virginia and the Episcopal Church in litigation to recover church property from seven congregations that left the Episcopal Church. These congregations, which became affiliated with the Convocation of Anglicans in North America (CANA) did not, however, vacate the buildings. The ruling states that the CANA congregations “must promptly relinquish control over the properties to the Diocese.” This is good news for many of my old friends there.
You can read the entire ruling here, but there’s one section that really caught my attention, making me both laugh a bit and wanting to order a Big Mac for lunch:
(8) CANA disputes the Diocese’s assertion that vestries are agents for the church. Rather, CANA argues that “[a] closer analogy” of the relationship between the denomination and a local congregation is that between a “franchisor and a franchisee.” Thus, “McDonalds may dictate the restaurant’s accounting practices, layout, menu, promotions, prices, employee uniforms, employee training, and placement of the golden arches,” and a “franchisee [that] fails to do business in a prescribed manner … may be enjoined from continuing to operate in any manner that suggests an affiliation with the franchise,” but that does not mean “a disaffiliating franchisee will forfeit any land it purchased with its own money in furtherance of the franchise relationship.” (CANA Brief #2 at 35-36.)
This analogy is not apt at any level. The nature of the relationship between a hierarchical denomination, its diocese, and a local congregation is not analogous to that between a hamburger company and a hamburger outlet. The contributions made by a diocese to a local church, especially one which begins as a diocesan mission, and the contributions made by a local church to its diocese, is not analogous at any level to the fast food industry or its franchisees. The constitutional and canonical requirements for serving as a rector or a member of a vestry, and the requirements governing the alienation and encumbrance of consecrated and unconsecrated properties, and the role that lay leaders in a congregation may play in the governance of the Diocese and even of the denomination, simply do not compare to the business of running a McDonald’s franchise. While it is true that “placement of the golden arches” may be no more complicated than the placement of a street sign announcing the presence of an Episcopal Church, what lies behind that sign is infinitely more complex.
Reading those words reminded me of this clever poster by the good folks at the Church Ad Project. It features a photograph of a couple of communion wafers beside a wine-filled chalice. The title says, “Over 10 Trillion Served,” and the last sentence at the bottom says, “We don’t have a drive thru, but we always have room at the Lord’s Table.” That’s true, and we’re also open on Sundays!
