The Society for Orthodox Christian History in the Americas
Posts tagged Bulgarian
Neutral Principles of Law in a Bulgarian parish dispute
11 months ago
Today I’ll be discussing Aglikin v. Kovacheff, a 1987 Illinois appellate court case involving a dispute over control of St. Sophia Bulgarian Orthodox Church in Chicago. The key question, in this case, concerns the extent of the diocesan bishop’s authority over the local parish. The bishop had dismissed certain members of the parish board of trustees — did he have the authority to do this? The Illinois court (both the majority and the dissent) applied neutral principles analysis to the case. (To read the full opinions, click here.)
St. Sophia was a part of the Bulgarian patriarchal jurisdiction. It was incorporated in 1946, and its articles of incorporation indicate that it is “administratively and canonically” an “inseparable organic part of the Bulgarian Eparchy in America and under its jurisdiction.”
The bylaws of the Bulgarian Orthodox Church grant diocesan control over local parish boards — according to the bylaws, if parish board members fail in their duties, the diocese can dismiss the board and appoint a commission to run the church. These Bulgarian Church bylaws also stipulate that the “organization and administration” of the American diocese will be determined by a special synodical order sanctioned by the Bulgarian Ministry of Foreign Affairs — but, the court says, “[n]o such order appears in the record before us.” The lack of such an order was a major part of the dismissed trustees’ argument against the bishop’s authority.
The Bulgarian diocese in America was founded in 1969, and its bylaws provide for “absolute control” of church property by the local church, administered by the parish board. The diocesan bishop must bless the election of board members, but the bylaws are silent about any diocesan control over the board once it is in office. Unlike in the patriarchal bylaws, there’s no indication in the diocesan bylaws that the bishop can dismiss board members.
The trial court had applied strict deference in this case, and found that since the local parish is subordinate to the diocesan bishop, it is bound by his decisions. On this basis, the trial court granted summary judgment in favor of the diocesan commission. (Summary judgment means that the case didn’t go to trial — the trial judge decided that there was no “genuine issue of material fact,” and that one side was entitled to “judgment as a matter of law.”) The appellate court disagreed, holding that neutral principles, rather than strict deference, should be employed. Why? “Our preference for a neutral principles approach, rather than the strict deference approach, is based on our conclusion that court entanglement in ecclesiastical doctrine is less likely to occur in the application of neutral principles.”
Deference, said the court, presumes that a local church has totally submitted to a hierarchical authority — but it’s not always that simple. In fact, strict deference may discourage local parishes from affiliating with a diocese, since they would be subject to the whims of the diocesan authority. Citing Justice Rehnquist’s dissent in Serbian Diocese v. Milivojevich, the court observed that strict deference also runs the risk of establishing religion.
Neutral principles analysis isn’t always possible. According to the appellate court, it works in disputes over ownership or control. In this case, both sides agreed that the dispute wasn’t about doctrine or polity — it was about control of property.
Applying neutral principles, the appellate court found that there was a genuine issue of material fact in this case: namely, the extent of diocesan authority. St. Sophia’s articles of incorporation place it under the Bulgarian Church, but they don’t specify the extent of that subordination. Nothing in the articles says that the bishop controls parish property or can dismiss a parish board. Likewise, the diocesan bylaws don’t help. The Bulgarian Orthodox Church bylaws do give the bishop that kind of authority… but that brings us back to that special synod order I mentioned above. There was no such order, at least not that anyone could produce, which led the court to question whether the Bulgarian patriarchal bylaws applied to its American diocese.
This isn’t to say that the patriarchal bylaws don’t apply to America, but it’s enough for the court to find a “genuine issue of material fact” sufficient to send the case to trial. Because of this, and because the trial court erroneously (so says the appellate court) employed strict deference rather than neutral principles, the case was sent back to the lower court. The appellate court reasoned,
We note that the trial court impermissibly extended its jurisdiction by declaring that St. Sophia will be “governed by the dictates” of the bishop. While civil courts have subject-matter jurisdiction over church property disputes, they may decide only issues relating to the parties’ civil and property rights. [...] By according the bishop plenary authority over St. Sophia’s affairs, the trial court failed to restrict itself to deciding who controls St. Sophia’s property and assets. Civil courts lack the power to confer ecclesiastical authority.
[Emphasis mine.]
In dissent, Justice Jiganti actually agreed that neutral principles analysis was appropriate in this case, but he reached a very different conclusion. Neutral principles is the right approach, he says, but here there simply is no geninue issue of material fact. “The only issue in this case is whether St. Sophia submitted to the jurisdiction of the regional diocese and the Bulgarian Orthodox Church. Although the majority finds a question of fact with regard to this issue, I believe that it is foreclosed by the statement in St. Sophia’s Articles of Incorporation that St. Sophia was ‘administratively and canonically’ under the jurisdiction of the ‘Bulgarian Eparchy in America.’”
These articles of incorporation, says Justice Jiganti, should be analyzed just like a contract — the plain meaning of the words is paramount. And those words plainly subject the local parish to the jurisdiction of the Bulgarian Church. Yes, the parish has some level of choice in certain respects, but it’s still subordinate to the American diocese and the Church of Bulgaria. The fact that the diocesan bishop can replace the parish board doesn’t take control over church property away from the parish — it just changes the identity of the parish leaders. “St. Sophia will still operate as St. Sophia, but under a new leadership.”
Both sides in this case make some good points, but my initial reaction is that the majority’s decision hinges on a technicality. No, there wasn’t that special synod order, but how important is that? Does the absence of a special order mean that the American diocese isn’t subject to the bylaws of the Mother Church? It would be nice to get some more information about just what the special order is, but we aren’t given any details. We’re just told by the majority that there wasn’t such an order. I didn’t discuss it above, but the majority also found some significance in an affidavit by the former president of the parish board, claiming that St. Sophia retained “administrative independence” when it joined the American diocese. The dissent points out that, since we have reasonably clear official documents like the articles of incorporation, that affidavit doesn’t carry a lot of weight.
In defense of the majority, on the other hand, I would point out that they didn’t say that the former parish board wins the case — they just said that there’s enough of a factual dispute that the case should go to trial. They may be right. At the very least, I would think that a trial would reveal the content and significance of those “special orders.”
The most interesting thing about this case is the fact that justices applying neutral principles can still reach very different outcomes in the same case.
This article was written by Matthew Namee.
The census record of Fr. Misael Karydis
1 year ago
by Matthew Namee
in American South
Fr. Misael Karydis' name in the 1900 US Census. His surname isn't clear; any ideas what the census worker wrote? (Click for a larger image.)
Fr. Misael Karydis is one of many odd, mysterious figures from early American Orthodox history. We’ve discussed him at length in past articles. He was the longtime pastor of Holy Trinity Church in New Orleans, from 1881 until his suicide in 1901, and besides his pastoral work, he was apparently something of an inventor. Among the unexpected facts of Karydis’ life is that he was reportedly neither Greek (the dominant ethnicity in the New Orleans parish) nor Russian, nor Syrian, nor Serbian. According to all the sources I’ve seen, he was, of all things, Bulgarian — a nationality that, even today, represents a minuscule proportion of American Orthodoxy. Needless to say, if Karydis was, in fact, from Bulgaria, he represents the first Bulgarian priest ever to set foot in America.
Recently, I stumbled onto the 1900 US Census record containing Karydis’ information. (And just to be thorough, he was in the 6th Ward of New Orleans, Supervisor’s District 1, Enumeration District 60, Sheet 7, Line 74.) Fr. Misael’s last name (another ambiguity, as it’s listed in various sources as “Karydis” and “Kalitski”) is reported in the census as something like “Rache” or maybe “Kachi.” Or something else — the census entries are handwritten, and the census employee who recorded Fr. Misael’s name didn’t have the best penmanship. (See the above image.)
According to the census, Fr. Misael was indeed born in Bulgaria, of Bulgarian parents, in October of 1847 — making him 53 at the time of his death. He came to America in 1880, but never obtained US citizenship. His occupation is listed simply as “priest.”
[This article was written by Matthew Namee.]
American Orthodox demographics, 1906-1936
2 years ago
by Matthew Namee
in Statistics
Every ten years, from 1906 to 1936, the US Census Bureau compiled a Census of Religious Bodies. These censuses are gold mines of information on early American Orthodoxy. Also, unlike so many of the inflated numbers that you’re likely to see floating around, the census data is reliable. With its considerable resources, the Census Bureau was able not only to work with the jurisdictions themselves, but to contact individual parishes for precise information. The result is a thorough, well-researched, and generally unbiased collection of statistics and other information.
What can we learn from the censuses? Loads of things. For instance, we can track the growth of the various Orthodox groups and jurisdictions in the United States:
The Russian spike in 1916 was most likely caused by Uniate conversions. Overall, the Orthodox population grew from about 130,000 in 1906 to almost 350,000 thirty years later:
- 1906: 129,606
- 1916: 249,840
- 1926: 259,394
- 1936: 348,025
As you can see, the 1916-1926 period was rather stagnant; in fact, aside from the Albanians and Romanians, every jurisdiciton declined in that period. World War I probably had something to do with it, as well as the new immigration quotas imposed by the US government in 1924. It’s also likely that the various jurisdictional schisms of the 1920s – Russy-Antacky, Royalist-Venizelist, Metropolia-Living Church — affected the ability of the Census Bureau to collect data. (That is, there were probably more Orthodox than were reported in 1926.)
One of the things I’ve found most interesting about the census data are the gender ratios. In 1906, men represented 85% of all American Orthodox Christians. That is, for every woman, there were almost six men. Here are the percentages of women in each year:
- 1906: 15%
- 1916: 28%
- 1926: 40%
- 1936: 46%
By 1936, every group was between 42 and 51 percent female. For most of this period, the Greeks were the most overwhelmingly male jurisdiction (with female percentages from 1906-36 of 6, 17, 34, and 43 percent). Until ’36, the Syrians were the most balanced group, with 40% women in 1906, and 45, 49, and 47 percent in the years that followed.
The Serbian male population actually declined considerably from 1906-26, due most likely to the Balkan Wars and then World War I, but the female population (not just the percentage) increased dramatically:
- 1906: 2,228 women (14%)
- 1916: 3,301 women (23%)
- 1926: 6,421 women (47%)
The census also kept data on Sunday schools. In 1906, there were just 7 Sunday schools in all of American Orthodoxy. By 1916, there were 162 (of which 126 were Russian). The Russians actually closed a lot of their Sunday schools in the next decade (dropping to 90), but the Greeks and Romanians added a lot more, pushing the total number up to 198 by 1926. By 1936, there were 294 Orthodox Sunday schools in the United States, of which 129 were Greek and 101 were Russian.
I’ve barely scratched the surface of what’s available in the censuses. In the future, we’ll continue to unpack the data.
Language in American Orthodoxy, 1916 (reposted from 8/21/09)
2 years ago
To our New Calendar readers: Christ is born!
The following article was originally published on August 21, 2009. If you’re interested, you might check out the comments to that original posting. We’ll be back with brand-new material on Monday, December 28.
As you might expect, most American Orthodox parishes in 1916 used foreign languages. From that year’s Census of Religious Bodies, conducted by the U.S. Census Bureau, we find the following unsurprising information:
- Both of the Albanian parishes used exclusively Albanian.
- The four Bulgarian parishes used Bulgarian and Slavonic.
- The 87 Greek parishes used exclusively Greek.
- Both of the Romanian parishes used exclusively Romanian and Slavonic.
- 166 of the 169 Russian parishes used exclusively Slavonic. Of the other three, two used a combination of Slavonic and English, and one used exclusively English.
- 11 of the 12 Serbian parishes used exclusively Slavonic and/or Serbian. One Serbian parish used exclusively English.
In total, there were 276 parishes in the United States in 1916, not counting the Syrians. 272 of those 276 (98.55%) worshipped entirely in foreign languages, and just two used English only.
None of this should come as a surprise. The vast majority of American Orthodox Christians in 1916 were either immigrants, or the children of immigrants. And the vast majority of American Orthodox clergy were also immigrants, most of whom had been educated and ordained in the Old World.
Now we come to the Syrians… and as we’ve seen before, the Syrians are an outlier. This is what the 1916 Census has to say:
Of the 25 organizations, 13, with 4,361 members, reported services conducted in English only; and 12, with 7,230 members, reported services conducted in foreign languages alone or with English. Of these, 4 organizations, with 1,230 members, reported the use of Arabic alone or with English; 5, with 2,900 members, Arabic, Greek, and English; and 3, with 3,100 members, Arabic, Greek, Russian, and English. In 1906 all the organizations then represented reported the Syro-Arabic language only.
This is stunning. Ten years earlier, in 1906, the Syrians were like everybody else, worshipping exclusively in their native tongue. In 1916, everybody else was pretty much the same — 98.55% foreign. But in just a decade, the Syrians had changed dramatically. By 1916, at least 21 of the 25 Syrian parishes (84%) used at least some English in their church services, and over half (13 of 25) were entirely in English.
How on earth did this happen? I don’t have a clear answer; however, there is one clue. In 1905, an Episcopal priest named Ingram Irvine converted to Orthodoxy. He was ordained by Ss. Tikhon and Raphael, took the name “Fr. Nathaniel,” and for about two years, he served in the Russian Mission. His purpose was “English work.” He wrote articles in English, published a couple of small books, and conducted an English-language Vespers service on Sunday nights. He also helped St. Tikhon with English-language administrative work, and advised him on Anglican-Orthodox relations.
Irvine is one of my favorite figures in American Orthodox history, and we’ll talk about him in great detail in the future, but for now, it’s enough to know that he transferred to St. Raphael’s jurisdiction after St. Tikhon returned to Russia in 1907. And Irvine’s transfer also meant the transfer of the “English work.” Now, his English articles appeared in the otherwise all-Arabic Al Kalimat (The Word). He made it his special mission to reach out to the English-speaking children of Arabic immigrants to America. He taught Sunday School, ghostwrote letters for St. Raphael, and generally promoted the use of English in the Syrian Mission. He did this at the direction and with the encouragement of St. Raphael; when St. Raphael died in 1915, Irvine wrote, “With Bishop Raphael’s death ended the initiatory Chapter of English Orthodox Church work in America.”[*]
I don’t think Irvine alone was responsible for the great proliferation of English in the Syrian Mission in the years 1906-1916, but he must have played a major role. Just thinking out loud, another factor may have been the weaker national identification with Orthodoxy among the Syrians. What I mean is this: to be a Russian, a Greek, or a Serb was to be Orthodox. National identity and religious affiliation were intimately intertwined, to the point that they were one and the same. But it was not so among the Syrians. They came, not from their own nation-state, but from the Ottoman Empire. And they also came from a region of great religious pluralism — back in Syria, they lived alongside Melkites, Maronites, Muslims, and Druze. In other words, while Slavonic, Greek, and Serbian culture (and language) was closely identified with Orthodoxy, the same could not be said of Syro-Arab culture and language. And it’s possible (though I can’t prove it) that this distinction was a major factor in the spread of English among the Syrians, while the rest of American Orthodoxy was still firmly attached to foreign languages.
Finally, Fr. John Erickson offered this comment upon seeing the language data:
In light of the very large number of parishes St Raphael’s Syrian mission that used only English or predominantly English, another question that might be interesting to explore would be the extent to which, in the years immediately following, the “Antacky” advocated the use of Arabic or otherwise resorted to identity politics.
At present, I don’t have any idea whether the Russy-Antacky divide involved language, but it is a question I will have to explore (and if anyone wants to help, please let me know!)
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[*] Ingram N.W. Irvine (Fr. Nathaniel), “Bishop Raphael, In His Relation to the English Work of the Archdiocese of North America,” Russian Orthodox American Messenger 19:5 (March 15, 1915), 72.
The Bulgarian Diocese in Exile
2 years ago
Abp. Kyrill Yonchev, 1964-2007
The longest-serving hierarch in American Orthodox history was Abp. Kyrill Yonchev (1964-2007), until late this past June, when his record tenure of nearly 43 years was exceeded by Metr. Philip Saliba of the Antiochian Archdiocese. Kyrill was well-known and well-loved as the OCA’s diocesan bishop for Western Pennsylvania as well as its Bulgarian diocese. What is perhaps less well-known is how the OCA came to have a Bulgarian diocese.
The OCA’s Bulgarian diocese, like one of its other ethnically defined dioceses (the Romanian), had its origins in a schism within the American jurisdiction of an Orthodox church based in a then-Communist nation. In both cases, there were factions dedicated to remaining within the canonical purview of the mother churches, but there were also factions who felt that such a stance represented capitulation to Communism, which had, to one extent or another, compromised the church authorities in the homeland. Communism split not only the Bulgarians and Romanians in America, but also the Russians and Serbs. (Of these, only the Serbs have subsequently reunited.)
In the case of the Bulgarian diocese, the dissent against Metr. Andrei Petkov, the bishop aligned with the homeland, was led by one of his clergy, an archimandrite named Kyrill Yonchev. During World War II, Andrei broke relations with authorities in Bulgaria, and then in the late 1950s petitioned the Russian Metropolia (itself then on bad terms with its mother church) for admission, but was rebuffed. In 1964, he regularized his relations with the homeland. This latter move stirred significant rancor in the Bulgarian-American ranks, and Kyrill broke relations with the aging Andrei and persuaded several parishes to follow him.
Kyrill was subsequently consecrated by the ROCOR, renowned for its anti-Communist feelings, to serve as the head of the Bulgarian Diocese in Exile. His career as a ROCOR bishop came to an abrupt end, however, when in 1976 he led his diocese of nine parishes into the OCA, where he served until his death in 2007, acquiring a second diocese (Western Pennsylvania) in 1978. At the time of this development, in the wake of the Metropolia’s reconciliation with Moscow and subsequent independence as the OCA, ROCOR/OCA animosity was perhaps at its apex.
In 1976, the energy from the OCA’s newly-proclaimed autocephaly was still flowing freely, and the entry of the Bulgarian Diocese in Exile into its ranks was regarded as another sign of the inevitability of the OCA as a catalyst for American Orthodox unity, particularly at the OCA’s Fifth All-American Council that year, which also elected Theodosius Lazor to be the new OCA primate.
St. George Bulgarian Orthodox Cathedral, Toledo, Ohio
Since Kyrill’s death, the OCA’s Bulgarian diocese has been without an appointed hierarch, and the Bulgarian parishes under the Patriarchate of Bulgaria remain as their own jurisdiction, whose numbers were nearly doubled in 2000 with the reception of a number of parishes of the former Christ the Saviour Brotherhood. While the two Romanian jurisdictions in America have had ongoing talks regarding reunification, there has not been a parallel development in Bulgarian-American Orthodoxy.
Update Dec. 26, 2009: Fr. Alexander Lebedeff writes with some corrections to this post:
Archbishop Antony (Sinkevich) of the ROCOR was consecrated Bishop of Los Angeles in August 1951 and served until he was retired in 1995. He reposed July 31, 1996. He was a bishop for 45 years.Of course, Metropolitan Vitaly (Oustinoff) of the ROCOR was made bishop in 1951 and retired in 2001 after celebrating 50 years as a bishop (he reposed in 2006). However, he did not come to North America until 1955. Still, 1955-2001 is 46 years. There are those in offshoots of the ROCOR who consider him to have continued being First Hierarch of the ROCOR up to the point of his repose. In any case he was a bishop for 55 years and a bishop in North America for 51.
