GREEK ORTHODOX ARCHDIOCESE OF AMERICA 8-10 East 79th St. New York, NY 10021 Tel: (212) 570-3530 Fax: (212) 774-0215 Web: http://www.goarch.org Email: communications@goarch.org
For Immediate Release July 6, 2006
Contact: Fr. Frank Marangos Tel: 212-570-3547
Email: communications@goarch.org
Appellate Division of New York Supreme Court Unanimously Dismisses Lawsuit Against the Greek Orthodox Archdiocese of America
New York, NY - On June 22, 2006, the New York Appellate Division, First Department, unanimously affirmed the decision of Justice Ira Gammerman dismissing a lawsuit brought against the Greek Orthodox Archdiocese of America by several individuals concerning the granting of the Archdiocese's 2003 Charter. "It must be dismissed," the Court wrote referring to the lawsuit, "because it involves a question of internal governance of a hierarchical Church." The ruling of this Appellate case firmly supports long-established decisions and is consistent with recent judgments on the hierarchical nature of the Greek Orthodox Church by appellate courts in Pennsylvania and Texas.
The Court ruled that the First Amendment of the United States Constitution prohibits courts from interfering with doctrinal and ecclesiastical affairs of a hierarchical church, including matters of internal church governance. The Court relied on two United States Supreme Court decisions, Serbian Eastern Orthodox Diocese for the USA. v Milivojevich, 426 US 696 (1976) and Maryland & Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, 396 U.S. 367 (1970). The Court reasoned that if the suit were allowed to continue, the trial court would be required to decide whether the Ecumenical Patriarch had the authority unilaterally to grant the 2003 Charter, which is "clearly a religious matter." The Court further stated, "on the very basis of the charter on which the plaintiffs rely, they cannot successfully dispute the hierarchical character of the Greek Orthodox Church."
The complaint was originally brought against the Greek Orthodox Archdiocese of America on September 16, 2004. The Greek Orthodox Archdiocese has incurred costs in excess of $320,000 for its legal defense.
The Court's memorandum decision is posted at the Archdiocese website at http://www.goarch.org/en/archdiocese/documents/.
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