Courts Uphold Church Autonomy In Clergy Disputes, Lawyer Says

Key Takeaways:

• Armavir regional courts terminated civil proceedings brought by former priests Stepan Asatryan (formerly Father Aram) and Aramayis Takhmazyan (formerly Father Tadeh) who sought to invalidate Pontifical Decrees defrocking them and to be reinstated as spiritual pastors.
• The courts accepted the Mother See of Holy Etchmiadzin’s position that defrocking decisions are governed by the Church’s internal canon law and fall outside civil procedure, while also lifting interim measures that had allowed the former priests to continue serving.
• The rulings reinforce the constitutional autonomy of the Armenian Apostolic Church, affirming that state courts cannot intervene in ecclesiastical hierarchical governance or determine the canonical status of clergy, consistent with an earlier similar termination of proceedings involving defrocked Bishop Gevorg Saroyan.
• Decisions by an Armavir regional court on lawsuits filed by two former priests have reaffirmed that spiritual service cannot automatically be equated with employment relationships and that the internal affairs of the Armenian Apostolic Church are protected from state interference, lawyer Ara Zohrabyan stated on Facebook.

Judges S. Abovyan and H. Melkonyan of the Armavir Regional Court of First Instance of General Jurisdiction terminated civil proceedings initiated by former priests of the Aragatsotn Diocese, Stepan Asatryan (formerly Father Aram) and Aramayis Takhmazyan (formerly Father Tadeh).

The former priests had asked the court to invalidate the Pontifical Decrees issued by the Catholicos of All Armenians defrocking them and to reinstate them as spiritual pastors of St. Hovhannes Monastery and the Talin region, respectively.

In both cases, the courts accepted the legal position of the Mother See of Holy Etchmiadzin that matters concerning the defrocking of clergy are governed by the Church’s internal canon law and are not subject to examination under civil procedure.

“Both rulings also provide for the lifting of previously imposed interim measures that had required the Mother See to ensure the former priests could continue serving in their positions.

“These decisions are significant not only for the specific court cases but also for protecting the constitutional guarantees of the Armenian Apostolic Holy Church’s autonomy and hierarchical governance.

“The separation of church and state means that state bodies, including courts, cannot assume the functions of ecclesiastical authorities or determine the canonical status of clergy through secular legal regulations.

“At the same time, internal Church matters must be resolved in accordance with Church canons and the procedures established by them.

“Protecting the Church’s autonomy also means protecting freedom of religion and the principles of the rule of law,” the post reads.

Earlier, it became known that the Armavir Regional Court of First Instance of General Jurisdiction, presided over by Judge Edgar Hovhannisyan, had terminated proceedings in a lawsuit filed by defrocked clergyman Arman Saroyan, formerly Bishop Gevorg Saroyan, seeking reinstatement as Primate of the Masyatsotn Diocese. Saroyan had demanded that the court invalidate the Pontifical Decree issued by the Catholicos of All Armenians removing him from his position as diocesan primate and reinstate him to that office