17 Cited authorities

Serbian Orthodox Diocese v. Milivojevich
426 U.S. 696 (1976) Cited 878 times 3 Legal Analyses
Holding that the principle articulated in Presbyterian Church "applies with equal force to church disputes," like the present one, "over church polity and church administration"
Kedroff v. St. Nicholas Cathedral
344 U.S. 94 (1952) Cited 567 times 2 Legal Analyses
Holding that legislation transferring control of Russian Orthodox churches from Patriarch of Moscow to convention of North American churches is unconstitutional interference with the free exercise of religion
Maryland & Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, Inc.
396 U.S. 367 (1970) Cited 224 times 2 Legal Analyses
Holding that a court's resolution of a church property dispute did not involve an inquiry into religious doctrine when the court had assessed the language in deeds, the terms of corporate charters, and the terms of a church's constitution
Gonzalez v. Archbishop
280 U.S. 1 (1929) Cited 202 times
Holding that a secular court may not decide competing claims to a chaplaincy, because "the appointment is a canonical act, it is the function of the church authorities to determine what the essential qualifications of a chaplain are and whether the candidate possesses them"
Congregation Yetev v. Kahana
2007 N.Y. Slip Op. 9068 (N.Y. 2007) Cited 45 times
No. 142. Argued October 16, 2007. Decided November 20, 2007. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered July 11, 2006. The Appellate Division affirmed so much of an order and judgment of the Supreme Court, Kings County (Melvin S. Barasch, J.; op 5 Misc 3d 1023[A], 2004 NY Slip Op 51515[U]), as had dismissed the petition in a proceeding pursuant to Not-For-Profit Corporation Law § 618 to determine the
Episcopal Diocese v. Harnish
2008 N.Y. Slip Op. 7991 (N.Y. 2008) Cited 35 times
Holding that parish held real property in trust for general church based upon parish's agreement to abide by constitution and canons of general church upon incorporation in 1927 or upon recognition as parish in 1947 together with language of Dennis Canon establishing express trust in favor of general church
Blaudziunas v. Egan
2011 N.Y. Slip Op. 8962 (N.Y. 2011) Cited 11 times
2011-12-13 Mindaugas BLAUDZIUNAS et al., Appellants, v. Edward Cardinal EGAN, as Cardinal of the Archdiocese of New York and as Trustee of Our Lady of Vilna Church, et al., Respondents. Law Office of Harry Kresky, New York City (Harry M. Kresky of counsel), for appellants. Leahey & Johnson, P.C., New York City (Peter James Johnson, Jr., Peter James Johnson, Joanne Filiberti and Gabriel M. Krausman of counsel), for respondents. Chief Judge LIPPMAN and Judges CIPARICK Law Office of Harry Kresky, New
Ram v. Lal
906 F. Supp. 2d 59 (E.D.N.Y. 2012) Cited 9 times
Holding that the AIA does not bar a First Amendment claim where the "Plaintiffs have made out a cognizable Section 1983 claim"
Burgess v. Rock Creek Baptist Church
734 F. Supp. 30 (D.D.C. 1990) Cited 33 times
Holding that plaintiff's claims of outrageous conduct based on church's actions in preventing the plaintiff from exercising rights of members when she was no longer a member were inextricably linked to the claims that her membership was wrongfully terminated and thus not justiciable
Watson v. Jones
80 U.S. 679 (1871) Cited 361 times 7 Legal Analyses
Holding that courts may not decide purely ecclesiastical questions in a case involving a property dispute between a Presbyterian organization and local churches of the organization
Section 1651 - Writs
28 U.S.C. § 1651 Cited 10,968 times 60 Legal Analyses
Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

In the Matter of Ming Tung, et al., Appellants,v.China Buddhist Association, et al., Respondents.

17 Cited authorities

Holding that the principle articulated in Presbyterian Church "applies with equal force to church disputes," like the present one, "over church polity and church administration"

Holding that legislation transferring control of Russian Orthodox churches from Patriarch of Moscow to convention of North American churches is unconstitutional interference with the free exercise of religion

Holding that a court's resolution of a church property dispute did not involve an inquiry into religious doctrine when the court had assessed the language in deeds, the terms of corporate charters, and the terms of a church's constitution

Holding that a secular court may not decide competing claims to a chaplaincy, because "the appointment is a canonical act, it is the function of the church authorities to determine what the essential qualifications of a chaplain are and whether the candidate possesses them"

Holding that the AIA does not bar a First Amendment claim where the "Plaintiffs have made out a cognizable Section 1983 claim"

Holding that plaintiff's claims of outrageous conduct based on church's actions in preventing the plaintiff from exercising rights of members when she was no longer a member were inextricably linked to the claims that her membership was wrongfully terminated and thus not justiciable

Holding that courts may not decide purely ecclesiastical questions in a case involving a property dispute between a Presbyterian organization and local churches of the organization

Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"