The Role of the Laity In the Administration and Governance of Ecclesiastical Property: Canons of the Eastern Orthodox Church

By Christos Linardakis

This edition focuses on the “Role of the Laity in the Administration and Governance of Ecclesiastical Property”, specifically, in the Greek Orthodox Archdiocese of America. Its focus is on what grounds, if any, exist for the laity and local church parishes to pursue legal action against the Church when it comes to disputes over Church property. The present study analyzes the development, in recent years ,of disputes on the administration and governance of Church property by the laity and the avenues by which disputes may be resolved.

• Language: English
• Publisher: Lulu Publishing Services
• Release date: Mar 1, 2018
• ISBN: 9781483481265

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LINARDAKIS

Copyright © 2018 Christos Linardakis.

All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of the author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.

This book is a work of non-fiction. Unless otherwise noted, the author and the publisher make no explicit guarantees as to the accuracy of the information contained in this book and in some cases, names of people and places have been altered to protect their privacy.

Scripture taken from the King James Version of the Bible.

ISBN: 978-1-4834-8127-2 (sc)

ISBN: 978-1-4834-8128-9 (hc)

ISBN: 978-1-4834-8126-5 (e)

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

Any people depicted in stock imagery provided by Getty Images are models, and such images are being used for illustrative purposes only.

Certain stock imagery © Getty Images.

Lulu Publishing Services rev. date: 02/15/2018

DEDICATION

I wish to acknowledge and thank all my professors at the Antiochian House of Studies, Saint Stephen’s School, and the University of Balamand, for the opportunity to learn, study and research under some of the best, and brightest, scholars in Eastern Orthodox Theology. Their efforts, devotion and commitment to teaching students in theology, and ensuring we continue down this sacred and righteous path, has been invaluable, and for that, I am forever grateful.

Most importantly, I dedicate this work to my parents and my beloved Θείος (uncle), Dr. Lewis Patsavos, who has been my inspiration for the past three decades in studying the Eastern Orthodox Church, the Patristics, and the Canons.

Lastly, our late beloved Metropolitan Iakovos of Chicago, who I had the honor and privilege to speak to regarding this topic, blessed this study as worthy of educating and enlightening the laity to the importance of the Canons and the importance of publishing this research. May his memory be eternal.

Photo%201%20Dedication%20Page.jpgPhoto%202%20Dedication%20Page.jpg

These photos were taken in September 2015, in our village of Petrokephalo, Crete and in the church where our father sang as a ψάλτης (Cantor). One of his few remaining friends, explained to me, that our father stood in this Cantor pew, as they sung the hymns together every Sunday.

ABSTRACT

The principal aim and goal of this study is to demonstrate the Role of the Laity in the administration and governance of Ecclesiastical property, specifically, in the Greek Orthodox Archdiocese of America. This will entail focusing on what grounds, if any, exist for the laity and local church parishes to pursue legal action against the Church when it comes to disputes over Church property. If legal action does exist, then, by which mechanisms, whether it be Civil/Secular Courts or Spiritual/Ecclesiastical Courts, that such disputes must be resolved.

The present study will analyze the development in recent years of disputes on the administration and governance of Church property by the laity and the avenues by which disputes may be resolved. Such cases include, Pappas et al v. the Greek Orthodox Archdiocese of America and Kedroff v. St. Nicholas Cathedral, both of which could be considered classic cases of Church and State. The primary sources and research by which this thesis will be supported, are based, first and foremost, on Holy Scripture, which is the foundation upon which the Church is built. In addition, this thesis will demonstrate the relationship of how Church property is to be administered, based on the Canons of the Holy Apostles, the Patristic writings of the Holy Fathers, Decisions of the Ecumenical and Provincial Synods, the Orthodox Canon Laws, and the role of the Bishop in such matters.

A multitude of research on the Canons of the Church will demonstrate that the role of the laity is clearly defined by, not only the relationships identified above, but, by the applicability of certain Canons (laws) to both the laity and the Bishop, in the administration of Church property. The results of this thesis will (a) allow the reader to determine the rights of the laity in the administration and trust of Church property, (b) the legal basis and procedures, both in civil and in Spiritual/Ecclesiastical courts by which the laity may file suit, (c) the primary sources by which the administration of Church property is governed, (d) the role and authority of the Archdiocese in addressing disputes between the Church and the laity/parishes. Lastly, and of utmost importance, will be the role of the Bishop and his rights and responsibilities, based on Scripture and Canon law, in the administration of such property.

CHAPTER I

Introduction

In recent years, not only has the Greek Orthodox Church experienced internal disputes between itself and its parishes, but so have almost all of the other jurisdictions, such as Episcopal, Presbyterian, Lutheran, Evangelical and the Catholic, on the issue of what rights exist in the local parishes and laity, in administering Church property when disputes arise. The question of whether laity and congregations are mere "custodians" of Church property has been, unfortunately, debated in secular courts, with several having reached the U.S. Supreme Court.

The single most important case that has faced the Greek Orthodox Archdiocese of America is Pappas et al., which was decided in 2007 by the U.S. Supreme Court, and has been the subject of intense discussions between the Church and the Clergy-Laity. Yet, we must ask ourselves, how could a congregation and local parish go to the extent of taking its Mother Church to court, let alone into a civil and secular court, and on what basis are such actions founded? In order to answer this question and the issues at hand, one must work backwards to determine

Reviews for The Role of the Laity In the Administration and Governance of Ecclesiastical Property

[Prena Grishaj · Rating: 5 out of 5 stars]

This is an interesting find and maybe someday I will actually read the entire thing from cover to cover while searing for more cases on this topic in the court system