Top court decides it can't rule on religious elections

Albany, USA - After many years of dispute, it remains unclear who is the appropriate successor of an ultra-Orthodox Jewish sect, despite two rulings issued Tuesday by the state's highest court.

The state of New York Court of Appeals said they could not rule on religious elections and ecclesiastical matters, and that members of the Satmar Hasidic sect's congregation must resolve the issues themselves.

"The First Amendment forbids civil courts from interfering in or determining religious disputes, because there is substantial danger that the state will become entangled in essentially religious controversies or intervene on behalf of groups espousing particular doctrines or beliefs," according to the court opinion written by Judge Eugene Pigott Jr.

The two opposing factions sought to have the court determine which of two separate elections for "true officers," or business leaders, was valid, but at the heart of the dispute is who is the appropriate Satmar leader, or "grand rabbi."

In his will, Rabbi Moses Teitelbaum, who died last year at the age of 91, recognized Zalmen Teitelbaum, the third of his four sons, as the next rebbe, or grand rabbi.

But the decision, announced by the Satmars' Rabbinical Court, has pitted Zalmen Teitelbaum, against the eldest brother, Rabbi Aron Teitelbaum of Kiryas Joel, which is in the Town of Monroe in upstate New York.

The brothers have been feuding over the issue for years and each has a set of followers. As a result, the split Brooklyn congregations each elected their own board of directors and officers. Without a decision from the court, it remains unclear who controls about $6 million in assets.

"This simply leaves the status quo intact," said Richard Mahon, an attorney for the Kiryas Joel faction of the Satmars. "I think all sides were looking for clearer direction and this did not provide that direction."

The followers of Zalman Teitelbaum said they considered the decision a victory because they felt it resolved the legal parameters of the dispute over succession and control over the congregation, and left the ultimate resolution of disputes up to religious authorities.

A statement from his followers said "The dispute arose out of a challenge to the previous grand rabbi's authority. Challenging the grand rabbi's decisions and authority is a direct assault on the basic tenets of Jewish law. Turning to secular courts for the resolution of intra-community disputes is an assault on ancient religious traditions."

Judge Judith Kaye and three judges concurred with Pigott's opinion. Judge Robert Smith dissented and Judge Thomas Jones took no part.

In a separate but related ruling, the court decided the division of the sect's cemetery did not serve the congregation's best interest, but instead was plainly designed to advance one of the two rivaling factions.

The Court of Appeals upheld a decision by the Appellate Division to reject arguments that half of a cemetery owned by the Yetev Lev D'Satmar sect could be transferred by one of the two rival factions in Brooklyn.

The cemetery central to the debate is in Kiryas Joel, which is in the Town of Monroe. It contains the grave of the Grand Rabbi Joel Teitelbaum _ the founder of the Satmar movement. The cemetery holds considerable religious significance for all Satmars.

It was conveyed to the Congregation Yetev Lev D'Satmar, Inc. in Brooklyn in 1988, and was operated by both the Brooklyn and Monroe congregations.

The opinion was written by Pigott, five justices and Chief Judge Judith Kay concurred. Jones took no part.

Moses Teitelbaum led the Satmar congregation in Brooklyn after the death of Grand Rabbi Joel Teitelbaum in 1979. He helped guide the fast-growing Satmar Hassidim in Brooklyn, Israel and other spots around the world.

The Satmar Hasidic sect has between 65,000 to 75,000 disciples in the United States, with almost all of them living in New York state. The biggest congregations are in Williamsburg and the town of Kiryas Joel, about 45 miles northwest of New York City.

The Satmars emphasize tradition and adhere to a strict dress code _ long skirts for women, long black coats, black hats and long beards for men. Marriages are arranged and married women must keep their heads covered.