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Outcome of Step one of the Lawsuit filed

Outcome of Step one of the Lawsuit filed

Bishop Longin did not file a response
to the initial lawsuit filed
THE MEMBERS OF THE
NEW GRACANICA METROPOLITANATE


Instead he attempted to have it blocked by the federal court. 
A ruling of Judge Zagel was issued on December 6, 2010. 

Judge Zagel granted the request of
THE MEMBERS OF THE  NEW GRACANICA METROPOLITANATE

Download and read the actual Court Document HERE


What does this mean?


Bishop Longin attempt to use the First and Fourteenth Amendments of the United States constitution to claim that the courts do not have jurisdiction in a religious matter has failed.

In his attempt,
“On July 19, 2009,…Bishop Longin Kroc, the Bishop of Metropolitanate state publically that a reorganization of the Metropolitanate has occurred and that there was no longer a division between the Metropolitanate and the Belgrade Church. “

Judge Zagel rejected this assertion on the basis that:

Neither the 1986 constitution nor the Metropolitanate Assembly authorized such reorganization.

As a result Judge Zagel ruled that:
"the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States."

This means that this is a civil matter and as such rejected Bishop Longin’s attempted to impose a new constitution by claiming that there was no longer a division.

The Serbian Orthodox Metropolitanate of New Gracanica-Diocese of the United States of America and Canada (“Metropolitanate”’) is valid in accordance with the 1986 Constitution.

The bottom line – the” new” Constitution Serbian Orthodox Church of the North and South America is NOT binding on the Metropolitanate as it was not adopted by a general assembly “SABOR” of the Metropolitanate. 

There will be major fallout of this. 
The reorganization has no legal basis until such time as The Serbian Orthodox Metropolitanate of New Gracanica-Diocese of the United States of America and Canada approve it by a vote at a general assembly “SABOR”

THE MEMBERS OF THE  NEW GRACANICA METROPOLITANATE, now have the option of pursuing to take control of the METROPOLITANATE and to continue on as an independent religious organization or to try to resolve the dispute through a new round of negotiations.

The Members have clearly state that the “new” Constitution as written is NOT acceptable and as such MUST be revised to take into account the concerns raised. 

According to the ruling the Metropolitanate Assembly MUST approve any changes.

Serving the Serbian Orthodox community in the Americas