NY Religious Corporations Law

Will Linden wlinden at panix.com
Fri Mar 13 17:59:53 PDT 2009


Does any of this relate to the marriage legislation references to 
"spiritual leaders" and "deputy spiritual leaders" which were challenged in 
COG vs Dinkins?

At 11:29 AM 3/13/09 -0400, you wrote:
>Will - While not wishing to prolong this, thread, that exactly is my point -
>Section 200 of the  RCL has an exception for decisions in the province of a
>"spiritual officer" while there is no such carve out under the NPCL.
>Arguably, a board of directors ( or a court) of a congregation incorporated
>under the NPCL may therefor override decisions of the "spiritual officer."
>
>
>SAMUEL M. KRIEGER,ESQ.
>Krieger & Prager LLP
>39 Broadway, Suite 920
>New York, NY 10006
>.
>----- Original Message -----
>From: "Will Linden" <wlinden at panix.com>
>To: "Law & Religion issues for Law Academics" <religionlaw at lists.ucla.edu>
>Sent: Thursday, March 12, 2009 10:42 PM
>Subject: Re: NY Religious Corporations Law
>
>
> > >
> >>  In a message dated 03/11/09 15:55:44 Central Daylight Time,
> >> smkrieger at verizon.net writes:
> >>    Marc and Marci - If a congregation registers under the Not for Profit
> >> Corporation law , does that thereby allow ecclesiastical decisions to be
> >> subject to approval by lay governance or review by the courts? Are we
> >> elevating form over substance??
> >>
> >>
> >>    Can the lay board of directors direct that the Rabbi of an Orthodox
> >> Jewish congregation allow a female cantor to officiate or that he hold
> >> Sabbath sevices on Sunday ??  I would submit not - Davis v Scher , 97
> >> N.W.2d 137, 356 Mich. 291 (1959). What happens if on the other hand the
> >> Rabbi wamts to introduce these practices over board or membership
> >> opposition.? see,.  Katz v Singerman 241 La. 103, 127 So.2d 515. (1960).
> >
> >  And in any case, the rabbi is a "spiritual officer".
> >
> > Will Linden  wlinden at panix.com
> > http://www.ecben.net/
> > Magic Code: MAS/GD S++ W++ N+ PWM++ Ds/r+ A-> a++ C+ G- QO++ 666 Y
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