FAIRFAX, Virginia—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 could decide who controls church property.

A Fairfax County judge said April 3 that he would 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 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 departing congregations voted in 2006 and 2007 to break away from the Episcopal Church and realign under conservative Anglican bishops from Africa as part of a newly created Anglican District of Virginia. The Episcopal Church has refused to recognize the split and sued to reclaim church property.