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Religion & Law

: Religion Clause

California Buddhist Temple In Comlex Litigation Over Control of Assets

By Howard M. Friedman

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Saturday's Long Beach (CA) Press-Telegram reported on the complicated litigation in a battle between two factions for control of Wat Vipassanaram, a Long Beach Cambodian Buddhist temple. The problems began last January when a dissident group, alleging mistreatment of the wat monks and abuse of authority sought an election to replace the board of the Khmer Buddhist Association that controls the temple. (Press-Telegram, Jan. 25). When the group moved ahead with the election of three new officers, opponents, including the temple's monks, went to court. (Press-Telegram, Feb. 15).

On July 2, a Superior Court judge appointed a receiver to manage the finances of the Khmer Buddhist Association, but the temple leadership refused to turn over assets or records to the receiver. On July 8, Siphann Tith, president of the Khmer Buddhist Association, told the receiver that most of the assets had been donated him to a newly formed organization called "Wat Khmer Vipassaram" and had been put under the supervision of the Church of Revelation, a Gnostic church in Orange. (Press-Telegram, July 15).

On Saturday the Press-Telegram reported that the Church of Revelation filed suit in federal court alleging that the court-appointed receiver, David Pasternak, and ten others attempted to improperly seize the assets that were donated to it by the Buddhist temple. The suit challenges the order of the state Superior Court judge that threatened contempt charges if the temple's assets are not turned over to the receiver. The federal lawsuit argues that the temple's donation of assets to the church is protected under First Amendment's Free Exercise clause. The complaint alleges that by divesting itself of all its assets, the temple's board was following the teachings of its religion's founder, Siddhartha Gautama.

Full post as published by Religion Clause on July 28, 2008 (boomark / email).

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