Bishop Must Testify in Divorce Case with Millions of Dollars at Stake

L.M. v. M.A., (NY County Sup. Ct., Feb. 6, 2023), is a decision by a New York state trial court refusing to quash a subpoena that orders a Coptic Orthodox Church Bishop to testify in a divorce action.  At issue is whether the parties to the divorce action were ever married. If they were, the wife may share in millions of dollars of assets in her claims for equitable distribution of marital property and spousal support. The court explains:

The parties here disagree about whether they were married in 2017, with plaintiff stating that they were married, and defendant stating that the Bishop "blessed" their relationship, but did not marry them. The parties agree that their infant son was baptized, as planned.... The parties also agree that Plaintiff mother L.M., who had previously been baptized by another church ... was then baptized in front of many witnesses in the church in an unplanned ceremony immediately following the child's baptism. What occurred next is the crux of the parties' dispute. Defendant father M.A. asserts that the Bishop, the subject of the instant subpoena, who had conducted the two baptisms, then proceeded to perform a family blessing. Plaintiff mother, on the other hand, claims that the Bishop offered to marry the parties ... and that he then performed the parties' previously unplanned wedding ceremony....  The Bishop performed the ceremonies in a combination of the English, Arabic and Coptic languages and most of the guests, all of whom had only been invited to the child's baptism, were not sure whether or not the final ceremony was a marriage ceremony....

As the Bishop has refused to testify as to which ceremony he performed, allegedly because his religious conviction prevents him from testifying in a civil action involving church members, and the parties and their witnesses have testified to diametrically conflicting views as to which ceremony took place, the Court and the parties have all asked the Bishop to testify. Defendant served a valid subpoena upon the Bishop and the Bishop ... has moved to quash the subpoena, stating through counsel and an affidavit from a Coptic theologian, that it is contrary to the tenets of the religion for the Bishop to testify in civilian court "brother against brother."

The court however refused to quash the subpoena, saying in part:

[T]he Court does not have a sufficient factual basis to find that either (i) Bishop A.B. personally has a religious belief that he cannot come into a civilian court to testify "brother against brother," or that (ii) even if he had such a belief, that it is applicable here, where he is not being asked to testify against a co-religionist but instead to describe a public factual event, and both parties (the only people who could plausibly be considered to be a person "against" whom he is testifying) are instead asking him to testify about those facts.....

In a lengthy discussion, the court went on to say that even if this did pose a 1st Amendment issue, there was no violation here.

Church Cannot Remove Cremated Remains Over Objections Of Families

In Church of the Holy Spirit of Wayland v. Heinrich, (MA App., May 5, 2022), a Massachusetts state appellate court held that a church which had sold its property was not free to relocate cremated remains buried in its churchyard over the objections of families of those buried there. In the case, an Episcopal parish that had ceased operating sold it church building and attached burial ground to a Coptic church.  The Coptic church wanted to develop the land; it also had religious objections to cremation. The court said in part:

[I]n the absence of a governing statute, common law trust principles apply to the disinterment of human remains from a dedicated burial ground until the families of the deceased have abandoned the remains or the burial ground is no longer recognizable as such....

It is uncontested that the Coptic church has a sincerely held opposition to cremation on religious grounds. The next question, however, is whether judicial relief in favor of the families would substantially burden the Coptic church's exercise of its religious beliefs.... [W]e fail to see how a judicial order preventing the Coptic church from removing those remains would constitute government interference with that church's free exercise of religion rights. And it bears noting that the unilateral disinterment of the remains potentially might implicate the families' own free exercise of religion rights.

The court also concluded that allowing two parties who had purchased burial rights for their own remains to be buried in the churchyard next to remains of their families would not infringe the free exercise rights of the Coptic church:

[I]t simply would prevent the Coptic church from interfering with rights that the individuals themselves hold in the property. Nor has the Coptic church demonstrated that such a judicial order could be seen as compelling it to endorse cremation.

First Coptic Christian Picked As Head Of Egypt's Supreme Constitutional Court

 AP reports that Egyptian President Abdel Fattah al-Sisi has appointed Boulos Fahmy, a Coptic Christian, as Chief Judge of Egypt's highest court, the Supreme Constitutional Court. This is the first time a Christian has headed the Court.  According to AP:

President Abdel Fattah el-Sissi picked the 65-year-old Fahmy from among the court’s five oldest of 15 sitting judges, as is prescribed by law.

Egypt Passes Church Construction Law

Egypt's Parliament yesterday approved a new law governing the building and renovation of Christian churches. 10% of Egypt's population is Coptic Christian.  Reuters reports that the law allows provincial governors (instead of the security services) to approve or deny church building and renovation permits. Coptic Church officials see then new law as progress, but Christian activists would have preferred a unified law governing both mosque and church construction. Restrictions in the new law are still more extensive than those which apply to mosque construction.   In the past, suspected Christian church building has led to sectarian riots.

Two Popes Impact Delicate International Decisions

Pope Francis yesterday spoke in Narobi, Kenya to a group of  United Nations officials (full text of speech) urging action at two upcoming international conferences. Focusing on COP21, the meeting beginning Nov. 30 in Paris on climate change, the Pope said in part:

In a few days an important meeting on climate change will be held in Paris, where the international community as such will once again confront these issues.  It would be sad, and I dare say even catastrophic, were particular interests to prevail over the common good and lead to manipulating information in order to protect their own plans and projects....

I express my hope that COP21 will achieve a global and “transformational” agreement based on the principles of solidarity, justice, equality and participation; an agreement which targets three complex and interdependent goals: lessening the impact of climate change, fighting poverty and ensuring respect for human dignity.

The Pope also spoke about the upcoming 10th Ministerial Conference of the World Trade Organization scheduled to meet in Narobi in a few days:

It is my hope that the deliberations of the forthcoming Nairobi Conference will not be a simple balancing of conflicting interests, but a genuine service to care of our common home and the integral development of persons, especially those in greatest need.  I would especially like to echo the concern of all those groups engaged in projects of development and health care – including those religious congregations which serve the poor and those most excluded – with regard to agreements on intellectual property and access to medicines and essential health care.  Regional free trade treaties dealing with the protection of intellectual property, particularly in the areas of pharmaceutics and biotechnology, should not only maintain intact the powers already granted to States by multilateral agreements, but should also be a means for ensuring a minimum of health care and access to basic treatment for all.

Meanwhile, Israeli and Arab sources differ on the political importance of a gesture by Egypt's Coptic Pope Tawadros II who yesterday left with a delegation of bishops for Jerusalem to take part in the funeral of Archbishop Anba Abraham, the Archbishop of Jerusalem.  This is the first visit of a Coptic pope to Jerusalem since 1832.  In 1979, the previous Coptic Pope barred Copts from traveling to Jerusalem, insisting they will only enter together with Muslims. The Jerusalem Post speculates that Tawadros' trip will make it increasingly difficult to maintain the ban on other Copts making a pilgrimage to Jerusalem. Zvi Mazel, a former Israeli ambassador to Egypt said that Tawadros probably got approval from Egypt's President Abdel Fattah al-Sisi who is maintaining close intelligence ties with Israel in the fight against ISIL in Sinai.

However, Gulf News quotes a Coptic Church spokesman who said that Tawadros' visit to Jerusalem, which the Church considers occupied territory, does not change the Church's position:

The Pope’s visit came as an exception. It is for offering condolences and nothing more.  Pope Tawadros II will not make any visits in the Holy Land, and he will return to Cairo immediately following the funeral prayers. Copts will only go to Jerusalem with their Muslim brethren.

Egyptian President Visits Coptic Pope To Extend Greetings For Orthodox Christmas, Celebrated Today

Today, Orthodox Christians, including the Coptic Christian community in Egypt, celebrate Christmas. (As explained by Al Ahram, the difference in dates from Western Christianity results from continued use of the Julian calendar by Orthodox Christians.) According to Catholic News Service, on Sunday Egypt's interim President Adly Mansour visited Coptic Pope Tawadros II at the papal seat in St. Mark's Coptic Orthodox Cathedral in Cairo to personally extend Christmas greetings and appreciation to the Coptic community which has continued to suffer attacks since the military takeover of the government. This is the first visit of an Egyptian president to the Cathedral in over 40 years.

House Hearing Focuses On Human Rights Concerns of Copts In Egypt.

Yesterday two subcommittees of the U.S. House Foreign Affairs Committee held a joint hearing on Human Rights Abuses in Egypt. Taking place on Human Rights Day, the hearing focused particularly on the plight of the Coptic Christian minority in Egypt.  Video of the hearings and the full text of prepared statements by the five witnesses who testified are available on the Committee's website.