Serbian Orthodox Diocese v. Milivojevich

Bishop Dionisije (Milivojevich) of the Serbian Eastern Orthodox Diocese of the United States and Canada was defrocked after being investigated for claims of misconduct.The hierarchal authority of the church reserves the right, and holds in its power the ability to manage and control properties, finances, and the appointment or removal of clergy.Dionisije refused to recognize his suspension and petitioned the Patriarch arguing the Mother Church had not worked within the parameters of their own penal code or the American-Canadian Serbian Orthodox constitution.The case went to the Illinois Supreme Court who held that the Holy Synod had in fact acted in violation of their own penal code, and the American-Canadian constitution when reorganizing the diocese.The holding by the Illinois Supreme Court was in violation of the First and Fourteenth Amendments which prohibit secular legal interference in rulings determined by hierarchical religious tribunals.Justice Rehnquist disagreed with the majority opinion stating that he found that there was no constitutional indisposition with regard to First Amendment infringement by the Illinois Supreme Court.Rehnquist believed that the Illinois court was simply expected to determine the correct choice of law and apply it to the canonical dispute through its own interpretation.He suggested that common sense must be applied in decisions where majority rule displaces an attempt by the minority to usurp documented policies and procedures – much the same as it would be in a non-sectarian intra-organizational dispute.He does however agree that the First Amendment prohibits government from displacing free choice of the citizens of the United States by placing bias on one religious organization over another.
Supreme Court of the United StatesL. Ed. 2dU.S. LEXISN.E.2dUnited States Supreme CourtIllinois Supreme CourtFirst AmendmentFourteenth AmendmentWarren E. BurgerWilliam J. Brennan Jr.Potter StewartByron WhiteThurgood MarshallHarry BlackmunLewis F. Powell Jr.William RehnquistJohn P. StevensFourteenth AmendmentshierarchalEstablishment Clausecivil courtsDionisije (Milivojevich)Orthodox DioceseBelgradePatriarchecclesiasticaldioceseMardarije Uskokovićnot-for-profit organizationsdefrockedJustice BrennanPresbyterian Church v. Hull Churchcanon lawJustice Rehnquistneutral principlesWatson v. JonesProQuestU.S. Supreme CourtFirst Amendment to the United States ConstitutionMarsh v. ChambersLynch v. DonnellyBoard of Trustees of Scarsdale v. McCrearyCounty of Allegheny v. American Civil Liberties UnionVan Orden v. PerryMcCreary County v. American Civil Liberties UnionPleasant Grove City v. SummumSalazar v. BuonoTown of Greece v. GallowayAmerican Legion v. American Humanist AssociationWalz v. Tax Comm'n of the City of New YorkBob Jones University v. United StatesEstate of Thornton v. Caldor, Inc.Corp. of Presiding Bishop v. AmosTexas Monthly, Inc. v. BullockCity of Boerne v. FloresCutter v. WilkinsonEverson v. Board of EducationFlast v. CohenLemon v. KurtzmanTilton v. RichardsonCommittee for Public Education v. NyquistValley Forge Christian College v. Americans United for Separation of Church & StateMueller v. AllenAguilar v. FeltonWitters v. Washington Department of Services for the BlindZobrest v. Catalina Foothills School DistrictBoard of Ed. of Kiryas Joel Village School Dist. v. GrumetAgostini v. FeltonMitchell v. HelmsZelman v. Simmons-HarrisLocke v. DaveyArizona Christian Sch. Tuition Org. v. WinnTrinity Lutheran Church v. ComerEspinoza v. Montana Department of RevenueCarson v. MakinOklahoma Statewide Charter School Board v. DrummondMcCollum v. Board of EducationZorach v. ClausonEngel v. VitaleAbington School District v. SchemppEpperson v. ArkansasStone v. GrahamWallace v. JaffreeEdwards v. AguillardWestside Community Board of Ed. v. MergensLee v. WeismanSanta Fe Ind. School Dist. v. DoeElk Grove Unif. School Dist. v. NewdowKennedy v. Bremerton School Dist.Lamb's Chapel v. Center Moriches Union Free School Dist.Capitol Square Review & Advisory Board v. PinetteRosenberger v. Univ. of VirginiaGood News Club v. Milford Central SchoolShurtleff v. City of BostonUnited States v. BallardHein v. Freedom From Religion FoundationBlue lawsMcGowan v. MarylandBraunfeld v. BrownTorcaso v. WatkinsMcDaniel v. PatyHarris v. McRaeLarkin v. Grendel's Den, Inc.Bowen v. KendrickTrump v. Hawaii