FAIRFAX, Virginia (AP) – Eleven conservative church congregations seeking to break away from the Episcopal Church in a dispute over sexuality and other theological issues have won a preliminary victory in a closely watched lawsuit that will decide who controls church property.

A Fairfax County judge ruled late April 10 that he will decide the case under a Virginia law governing religious divisions that dates back to the Civil War era in the mid-19th century. The language in that law is favorable to the departing congregations because it allows each congregation to realign by a simple majority vote.

The judge is still a long way from deciding who ultimately controls church property.

He still must rule on the constitutionality of the state law and must decide whether the departing congregations conducted their realignment votes properly.

The dispute began in 2003 when the Episcopal Church – a denomination with more than 2 million members in the United States and a part of the 77-million member worldwide Anglican Communion – consecrated an openly gay bishop, V. Gene Robinson of New Hampshire. The dispute grew to include questions about key theological issues of Scriptural interpretation and theological orthodoxy.

The departing congregations voted to break away but refused to recognize the split and sued to reclaim church property.

In issuing his ruling, Circuit Court Judge Randy Bellows rejected arguments by the Episcopal Church that the dispute between the congregations and the denomination was so minor that Virginia’s “division statute” should not apply.

The Episcopal Church has argued that individual members are free to leave the denomination, but that church property is held in trust and must remain in Episcopal hands.

Hearings on the constitutionality of the Virginia division statute are scheduled for May.