You are here: / / Dispute Within a Religious Organization Could Not Be Decided by Application...
,

Dispute Within a Religious Organization Could Not Be Decided by Application of Neutral Law But Rather Would Require Looking Behind an Ecclesiastical Determination, An Inquiry Prohibited by the Establishment Clause

The First Department, in a full-fledged opinion by Justice Gische, over an extensive dissent, determined that the courts could not intervene in a dispute which had arisen within a Buddhist organization called the China Buddhist Association (CBA).  The court determined the dispute could not be decided by the application of neutral law, but rather would have required deciding whether petitioners had been properly excommunicated, an entirely religious inquiry:

The Establishment Clause of the First Amendment of the United States Constitution, which is binding on the states by the Fourteenth Amendment, guarantees religious bodies “independence from secular control or manipulation — in short, power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine” … . Consequently, courts are forbidden from “interfering in or determining religious disputes, because there is substantial danger that the state will become entangled in essentially religious controversies or intervene on behalf of groups espousing particular doctrines or beliefs” … . Only when disputes can be resolved by neutral principles of law may the courts step in … . The issues before us, however, cannot be resolved through the application of “neutral principles of law” but entail an inquiry into the validity of petitioners’ excommunications. Because this is an entirely ecclesiastical matter, we are forbidden from such an inquiry … . * * *

It is impermissible for a court to look behind an ecclesiastical determination or act to examine the subjective reasons for which it was undertaken … . Matter of Ming Tung v China Buddhist Assn, 2014 NY Slip Op 07777, 1st Dept 11-13-14

 

You might also like
ABUTTING PROPERTY OWNER HAS A NON-DELEGABLE DUTY TO MAINTAIN THE SIDEWALK WHICH IS NOT DIMINISHED BY HIRING AN INDEPENDENT CONTRACTOR TO WORK ON THE SIDEWALK, PROPERTY OWNER’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE PROPERLY DENIED (FIRST DEPT).
IN THIS CLASS-ACTION-CERTIFICATION PROCEEDING ALLEGING FAILURE TO PROVIDE NOTICE OF PAY RATE AND PAY DAY AS REQUIRED BY LABOR LAW SECTION 195(1), THE COURT SHOULD NOT HAVE GRANTED CERTIFICATION FOR THE CLAIM FOR LIQUIDATED DAMAGES AND SHOULD NOT HAVE GRANTED THE REQUEST FOR THE SOCIAL SECURITY NUMBERS OF CLASS MEMBERS WHOSE CLASS-ACTION NOTICE WAS RETURNED AS UNDELIVERABLE (FIRST DEPT).
THE DENIAL OF DEFENDANT’S REQUEST FOR COUNSEL OF HIS CHOICE, ASSIGNED COUNSEL’S DISPARAGING REMARKS, AND ASSIGNED COUNSEL’S FAILURE TO INFORM DEFENDANT DEPORTATION WAS MANDATORY, AMOUNTED TO A DEPRIVATION OF DEFENDANT’S RIGHT TO COUNSEL; GUILTY PLEA WITHDRAWN AND VACATED (FIRST DEPT).
PLAINTIFF’S LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED; PLAINTIFF FELL ATTEMPTING TO USE AN INVERTED BUCKET TO STEP UP TO AN ELEVATED PLATFORM (FIRST DEPT).
COMMENTS ALLEGEDLY MADE BY A JUROR DURING DELIBERATIONS EXPRESSING ETHNIC BIAS REQUIRED A HEARING AND FINDINGS WHETHER DEFENDANT’S CONSTITUTIONAL RIGHTS, BOTH FEDERAL AND STATE, WERE VIOLATED (FIRST DEPT).
NO OBLIGATION TO CONTINUOUSLY MOP UP TRACKED IN WATER.
INADMISSIBLE TESTIMONIAL HEARSAY, PROSECUTORIAL MISCONDUCT, AND JUDGE’S ACTIONS TO COERCE THE JURY TO REACH A VERDICT DEPRIVED DEFENDANT OF A FAIR TRIAL.
Releases Effectively Prohibiting Decedent’s Exercise of a Power of Appointment In Favor of Decedent’s Wife Were Not Procured by Constructive Fraud

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Transmission Line from Hydroelectric Power Facility in Canada to Queens Properly... Claimant Excluded from Eligibility for Unemployment Insurance Benefits by Labor...