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Court Adjudicates Competing Claims For Control Of Baptist Church

By Howard M. Friedman

In ema href="http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09899.htm"Premiere Eglise Baptiste Haitienne de Manhattan (First Haitian Baptist Church of Manhattan) v. Joseph/a,/em (NY App. Div., Dec. 18, 2008), a New York state appellate court rejected a claim by George Joseph that he had authority over a congregation's temporal affairs by reason of a power of attorney given to him by his father, a former pastor of the church. Under a stipulation growing out of prior litigation, Joseph's father (now deceased) was made merely a "counseling pastor" with only advisory powers. Thus he lacked the authority to transfer church control to his son. The court also upheld the trial court's injunction prohibiting Joseph, whose membership in the church had been terminated, from disturbing worship services. The court held that as a Baptist church, the congregation has control over spiritual matters, including termination of membership for violation of church discipline. span style="font-size:78%;" [Thanks to J.J. Landa for the lead.]/span

Full post as published by Religion Clause on December 20, 2008 (boomark / email).