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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

 

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