- The Washington Times - Thursday, August 18, 2022

A federal appeals court has ruled that a Russian Orthodox priest can sue the people he claims libeled him and tarnished his reputation in that faith community.

A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit ruled Wednesday that the Rev. Alexander Belya can sue the Russian Orthodox Church Outside of Russia (ROCOR), saying the religious group is not exempt from being sued for defamation.

“[S]imply having a religious association on one side of the ‘v’ does not automatically mean a district court must dismiss the case or limit discovery,” Judges Denny Chin, Raymond Joseph Lohier Jr. and Beth Robinson said in their ruling.

Earlier, the U.S. District Court for the Southern District of New York also had ruled against the defendants associated with ROCOR, including its then-regional leader Metropolitan Hilarion, 18 months after the suit had been filed. (ROCOR is based in New York City and Metropolitan Hilarion died in May.)

Individuals within the Russian Orthodox Church had challenged Father Belya’s election to Bishop of Miami in 2019, circulating letters and social media posts claiming he had forged documents to gain the position.

Father Belya, who was suspended pending an internal investigation, left ROCOR for a position in the Greek Orthodox Church. He sued Metropolitan Hilarion, ROCOR’s Eastern American Diocese, ROCOR’s Synod of Bishops and eight individuals connected with the church, claiming defamation.

The defendants claimed the “ministerial exception,” which blocks courts from settling disputes involving the employment of ministers by a church, and the “church-autonomy doctrine,” which shields religious organizations from having courts decide the operations of a congregation. The move blocked the priest’s claims from going forward.

Father Belya’s attorneys at Americans United for Separation of Church and State argued that the doctrines “usually apply in employment discrimination cases,” not defamation. To apply those principles in his case, they said, “would represent a substantial expansion” of how courts have previously applied them.

Americans United President Rachel Laser said in a statement that the 2nd Circuit ruling is important for religious liberty.

“The court’s decision … is a win for the rule of law and a critical step in our fight to halt the weaponization of religious freedom,” Ms. Laser said. “Neither Father Belya nor anyone else should be forced to tolerate public defamation and the destruction of their reputation by a religious organization with no legal recourse. There must be equal justice under law.”

ROCOR’s U.S. office did not immediately respond to a request for comment.

• Mark A. Kellner can be reached at mkellner@washingtontimes.com.

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