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Satmar Leadership Dispute Again Ruled Non-Justiciable

By Howard M. Friedman

For six years, two factions within the Orthodox Jewish Chasidic Satmar community have, through three separate lawsuits, been attempting to get New York courts to decide which of the two sons of the late Grand Rebbe Moses Teitelbaum has inherited his leadership role. Recently a New York trial court has issued another decision in the case, reiterating that the dispute is not justiciable because deciding it would require the court to impermissibly entangle itself in religious doctrine. In Frankel v. Congregation Yetev Lev D'Satmar, (NY Kings Co. Sup. Ct., Aug. 22, 2008), the court denied a request for a preliminary injunction. One faction had argued that it was entitled to relief based on language in a prior decision stating that "the court leaves intact the status quo in terms of the day-to day operation of the Congregation and its institutions". The court disagreed, stating:

At bottom, all three cases mask a continued effort on the part of the split congregation to have the court make a determination as to who should be in control of the Congregation. This is what Justice Barasch, the Appellate Division and the Court of Appeals have said a civil court cannot do.... The Injunction action is nothing more than another disingenuous attempt by one of the factions to obtain relief which is beyond the reach of the court.

(See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

Full post as published by Religion Clause on September 05, 2008 (boomark / email).