In New
York all not for profits need to secure the approval of
a Supreme Court justice for the sale of real estate –at least if it is a
major asset. For reasons that are now obscure, New York allows religious corporations to incorporate
either under the religious corporation law or the not for profit corporation
law. The Religious Corporation law contains specific provisos for each faith .It
may well be unconstitutional, and from time to time there is talk of making it
more neutral, but too much property and other things are under this code ands
no one wants to deal with all the fall out that would arise if the rules were
changed.
Unfortunately, the problem of fraud –or
exploitation by officers- in the sale of buildings by houses of worship (often
almost defunct houses of worship) is no chimera. It is a common phenomenon.
Marc
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Will Linden
Sent: Thursday, October 14, 2004
1:07 PM
To: Law
& Religion issues for Law Academics
Subject: "Religious
Corporation" laws
As president of a church ("Call this 'organized religion'?
I'LL give them organized religion!") I recently had to sign a contract for
the sale of real property. We were advised that our attorney has to get court
approval for the sale under New York's
Religious Corporations Law, which we are told was created to
"protect" churches against unscrupulous cliques or something. As I
muttered "So why don't secular organizations need to be 'protected'",
I thought to ask:
Is imposing additional requirements on organizations classed as religious a
form of "viewpoint discrimination"?
If the judge goes around the bend, could we bring a RLUIPA claim on the ground
that fiscal survival is essential to our mission?
Does anyone have some hard history about this law?
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