Serbian Orthodox Diocese v. Milivojevich
| Serbian Orthodox Diocese v. Milivojevich | |
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| Argued March 22, 1976 Decided June 21, 1976 |
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| Full case name | Serbian Eastern Orthodox Diocese for the United States of America and Canada, et al. v. Dionisije Milivojevich, et al. |
| Citations | 426 U.S. 696 (more) |
| Prior history | 60 Ill. 2d 477, 328 N. E. 2d 268 (1975) |
| Holding | |
| The United States Supreme Court overturned the decision of the Illinois Supreme Court declaring that the court had infringed upon the First Amendment and Fourteenth Amendment. | |
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| Case opinions | |
| Majority | Brennan, joined by Stewart, White, Marshall, Blackmun, Powell |
| Concurrence | White |
| Concurrence | Burger |
| Dissent | Rehnquist, joined by Stevens |
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.
Bishop Dionisije (Milivojevich) 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.
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