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" <wlin...@panix.com> To: "Law & Religion issues for Law Academics" <religionlaw@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, >> smkrie...@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 wlin...@panix.com > http://www.ecben.net/ > Magic Code: MAS/GD S++ W++ N+ PWM++ Ds/r+ A-> a++ C+ G- QO++ 666 Y > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
