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New York court skips inter-religious conflicts.


Courts in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 say the constitutional separation of church and state
See also: .
Separation of church and state is a political and legal doctrine which states that government and religious institutions are to be kept separate and independent of one another.
 prevents them from intervening in internal disputes in religious groups.

In recent months, appeals courts there have turned away a lawsuit by Greek Orthodox Adj. 1. Greek Orthodox - of or relating to or characteristic of the Eastern Orthodox Church
Eastern Orthodox, Russian Orthodox, Orthodox

faith, religion, religious belief - a strong belief in a supernatural power or powers that control human destiny; "he
 congregants over changes to the religious group's charter and a case involving a family feud between two Hasidic rabbis.

Supreme Court Justice Ira Gammerman ruled that parishioners of the Greek Orthodox Archdiocese of America The Greek Orthodox Archdiocese of America, headquarted in New York City, is an eparchy of the Church of Constantinople. Its current primate is His Eminence Archbishop Demetrios (Trakatellis) of America.  could not challenge in civil court amendments to the religious organization's 1977 charter.

Last year, 34 congregants sued the archdiocese arguing that alterations made in 2003 to the church's charter had not been correctly approved by the Ecumenical Patriarch of Constantinople
This article is on the office of the Ecumenical Patriarch of Constantinople. For information on the institutional church itself, see Ecumenical Patriarchate of Constantinople.
. According to Religion News Service, the changes included modifications to the rules governing vacancies for archbishop and qualifications for archbishop candidates.

The parishioners' lawsuit "must be dismissed because it involves a question of internal governance of a hierarchical church," Gammerman wrote in Pappas v. The Greek Orthodox Archdiocese of North and South America for the state Supreme Court Appellate Division.

Gammerman concluded that "courts simply do not have the authority to interfere with the manner in which churches organize the titles of their clerics, to determine the eligibility criteria for candidates for archbishop or bishop, to oversee monasteries, or to inject the state judicial authority into the other matters raised by this action."

In July, the Appellate Division of the State Supreme Court also refused to involve itself in a dispute between two brothers vying to become grand rabbi of the Yetev Lev lev-,
pref See levo-.
 D'Satmar congregation. The New York Times reported that Zalmen and Aaron Teitelbaum are engaged in a bitter battle over the position formerly held by their father Moses, who died in spring.

The appellate division ruled 3-1 that the dispute "cannot be decided by application of neutral principles of law" and "would necessarily involve impermissible im·per·mis·si·ble  
adj.
Not permitted; not permissible: impermissible behavior.



im
 inquires into religious doctrine and the Congregation's membership requirements." (In the Matter of Congregation Yetev Lev D'Satmar v. Kahana).
COPYRIGHT 2006 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Greek Orthodox Archdiocese of America
Publication:Church & State
Geographic Code:1U2NY
Date:Sep 1, 2006
Words:327
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