Category: Orthodoxy in the Americas

Ecumenical Patriarch denied appeal of Bishop Dionisije

Well, this is interesting. Lately, I've been looking at the Supreme Court case Serbian Diocese v. Milivojevich, which pitted the representatives of the Serbian Church against the incumbent American bishop, Dionisije, who had been defrocked by the Serbian Holy Assembly. The big question, which the Court answered in the negative,...

Neutral Principles of Law and the Problems of Deference

So far, we've been discussing the role of civil courts in church property disputes in the context of the "deference" approach: that is, the courts will defer to the decisions of the highest church authorities. This was the position taken by the Supreme Court in both of its major Orthodox cases, Kedroff v. St. Nicholas Cathedral...

Serbian Diocese v. Milivojevich, Part 1: Justice Brennan’s majority opinion

We've introduced the first major Supreme Court case dealing with Orthodoxy, Kedroff v. St. Nicholas Cathedral (1952). Today, we'll begin an analysis of the other landmark case, Serbian Eastern Orthodox Diocese v. Milivojevich (1976). Justice Brennan's majority opinion includes a lengthy historical background on the case, and I won't go...

1965 Yale Law Journal article on the Moscow-Metropolia Supreme Court case

In May 1965, the Yale Law Journal published a paper entitled, "Judicial Intervention in Church Property Disputes: Some Constitutional Considerations," by Dennis E. Curtis. (For the lawyers reading this, the citation is 74 Yale L.J. 1113.) This paper focuses primarily on Kedroff v. St. Nicholas Cathedral, which we've been discussing...

Atlas of American Orthodox Christian Churches now available

The newly-published Atlas of American Orthodox Christian Churches, edited by Alexei Krindatch, is now available for purchase via Holy Cross Bookstore. The price is $19.95. SOCHA advisory board member and renowned historian Fr. John Erickson authored a history of American Orthodoxy, and I contributed the historical census data, an article on ten interesting...

NY Times article on Moscow-Metropolia Supreme Court case

From the New York Times, November 25, 1952, page 31: U.S. COURT VOIDS ACT ON RUSSIAN CHURCH State Law to End Communist Sway in Orthodox Cathedral Here Is Upset by Ruling RELIGIOUS FREEDOM CITED 8-to-1 Decision Holds Action Violated 14th Amendment -- Jackson Lone Dissenter BY CLAYTON KNOWLES WASHINGTON, Nov....

Moscow v. the Metropolia, part 4: initial impressions

To read my previous articles on the 1952 Supreme Court case Kedroff v. St. Nicholas Cathedral, click here. For the full text of the Supreme Court opinions, click here. In my last four articles, I summarized the majority, concurring, and dissenting opinions in Kedroff v. St. Nicholas Cathedral. Here, I will...