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''Serbian Orthodox Diocese v. Milivojevich'', 426 U. S. 696 (1976), is a United States Supreme Court case in which the Court held that the judicial determination of the Illinois Supreme Court violated the First Amendment and Fourteenth Amendments. In matters of dispute within hierarchal religious organizations, the Establishment Clause precludes intervention by civil courts regarding internal disputes of church governance. Per the Establishment Clause, decisions imposed by hierarchal religious organizations are binding in civil courts. == Background == The bishop of the Serbian Eastern Orthodox Diocese of the United States and Canada was defrocked after being investigated for claims of misconduct. The mother church located in Belgrade, Yugoslavia made this decision and in doing so, also divided the American-Canadian contingent into three distinct dioceses. Bishop Dionsije sued the Mother Church and requested that the courts declare him the ‘true diocesan bishop’ of the undivided diocese. The Illinois Supreme Court determined that the Mother Church was in violation of its own procedures, and internal regulations. The court further concluded that the diocese could not be divided. This finding rendered the church’s decision arbitrary and invalid. The United States Supreme Court reversed the ruling of the Illinois Supreme Court holding that the lower courts had violated the First Amendment by interpreting and drawing conclusions about church law. The headquarters and home of the Serbian Eastern Orthodox Diocese at the time of this case was based in Belgrade, Yugoslavia. There are two governing bodies: The highest executive branch of the church is the Holy Synod. This branch includes the Patriarch and four diocesan bishops elected by the Holy Assembly. The Holy Assembly possesses the legislative, judicial, ecclesiastical and legislative authority and is composed of all Diocesan Bishops. 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. In the early 1900s, a small independent diocese of the church was founded by Serbian immigrants, and headquartered in Illinois. A Father Mardary established what became known as the American-Canadian Diocese of the Serbian Eastern Orthodox Church. This was the only diocese of the church to create its own constitution. This allowed relative autonomy from the Mother Church while working within the constructs of the hierarchy. Several not-for-profit organizations were created and purchased properties in the states of Illinois, New York, Pennsylvania and California. These assets would later be considered in litigation of property rights within the church. Bishop Dionisije Milivojevich was appointed bishop of the American-Canadian Diocese by the Mother Church in 1939, and under his leadership the diocese grew substantially over the years. Years later, he requested support from the mother church to more efficiently manage the affairs of the growing diocese. Although the diocese had grown, complaints had been filed against Dionisije during his tenure. The response to Dionisje's request for additional staff support resulted in a delegation arriving to investigate diocesan needs, but also the claims against him. As a result of their investigation, the Mother Church endeavored to divide the American-Canadian Diocese into three separate dioceses, and appointed three of the investigators as bishops of the new dioceses. The delegation also suspended and eventually defrocked Dionisije due to canonical findings of misconduct. 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. Dionisije refused to recognize his suspension, or the rulings held by the Mother church and continued officiating in his role as bishop. While he refused to accept the holding of the Holy Synod, he also refused to participate in intra-church litigation. Dionisije rallied the Diocesan National Assembly refuting the Mother Church and declared the diocese completely autonomous from the mother church. Dionisije also filed with the circuit court in Illinois proclaiming his post, and continued control of assets and properties owned by his diocese. 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. In effect, the court determined that Dionisije should be reinstated to his former position. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Serbian Orthodox Diocese v. Milivojevich」の詳細全文を読む スポンサード リンク
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