Call to Action: GOARCH’s New York Power Grab — No More AG Oversight!!

PHOTO: The GOARCH headquarters on 79th Street.  Get ready to demonstrate right there and kick the Phanariots back to Turkey – before they steal everything five generations of Greek-Americans have built!!!

ΕΑΝ ΠΡΟΤΙΜΑΤΕ ΕΛΛΗΝΙΚΑ ΠΑΤΗΣΤΕ ΤΗ ΣΗΜΑΙΑ ΣΤΟ ΚΑΤΩ ΜΕΡΟΣ ΤΗΣ ΟΘΟΝΗΣ

New York has quietly passed a law giving the Greek Orthodox Archdiocese unprecedented power. Unlike every other church in the state, GOARCH no longer needs Attorney General approval to buy, sell, or mortgage parish properties. Even more shocking, the law makes the Archbishop’s consent a legal requirement — stripping parishes of their independence and placing their future entirely in the hands of one man. Time to kick the Phanariots out of here!! Enough is enough!!

By Nick Stamatakis

Unbelievable. Outrageous. Unconstitutional.

New York has just handed the Greek Orthodox Archdiocese of America a privilege no other church in the state enjoys: the right to sell, mortgage, or lease its properties without oversight from the Attorney General. Even worse, the law gives the Archbishop himself a legal veto over every single parish transaction. One man, backed by state law, now controls the future of every church property in America’s largest Greek Orthodox community.

A Law That Breaks the Rules

Every other religious group in New York must follow the rules. They need court or Attorney General approval before they sell or mortgage property. Why? To prevent abuse. To protect communities. To make sure assets built by parishioners don’t disappear overnight.

But GOARCH? Albany just wrote them a blank check.

• Equal Protection shattered: The law favors one denomination over all others. That’s unconstitutional.

• Church and State entangled: New York law now enforces the Archbishop’s control. That’s a violation of the separation of church and state.

• Parish rights stripped: Trustees and parish councils can’t act without the Archbishop’s consent. Civil law has locked in top-down rule.

This is not reform. This is a power grab.

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HERE IS THE TEXT OF THE LAW THAT WAS JUST SIGNED BY GOVERNOR HOCHUL (HERE IN PDF LAW FOR GOARCH PROPERTIES SALE OR PURCHASE) AND BELOW THE BASIC TEXT

Introduced by Sen. GIANARIS — read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the religious corporations law, in relation to the court
approval process for the sale, mortgage and lease of real property of
a religious corporation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d-1) of subdivision 1 of section 2-b of the religious corporations law, as amended by chapter 193 of the laws of 1985, is amended to read as follows:

(d-1) Notwithstanding any provision of this chapter or the not-for-profit corporation law, any church referred to in subdivision two, three, four, five, five-a, five-b, five-c, five-d or six of section twelve of this chapter shall not be required to give notice to the attorney general of any application required by subdivision one of section twelve of this chapter or any application or petition required under section five hundred ten or section five hundred eleven of the not-for-profit corporation law.
Section 12 of the Religious Corporations Law is amended by adding a new subdivision 5-d to read as follows:
5-d. The trustees of the Greek Orthodox Archdiocese of America shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent of its archbishop.
§ 3. Subdivision 6 of section 12 of the religious corporations law, is amended by chapter 381 of the laws of 1985, is amended to read as follows:
6. The petition of the trustees of an incorporated Protestant Episcopal church or Roman Catholic church shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with.
EXPLANATION–Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11305-01-5
S. 6991 2
The petition of the trustees of an incorporated African Methodist Episcopal Zion church shall in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the
trustees of an incorporated Presbyterian church in connection with the General Assembly of the Presbyterian Church (U.S.A.), shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also
been complied with. The petition of the trustees of an incorporated United Methodist church shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the trustees of an incorporated Greek Orthodox Archdiocese of America church shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with.

§ 4. This act shall take effect immediately.

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PHOTO: Do NOT VOTE for Mike Giannaris EVER again!! Five generations of Greek-Americans gave their lives to build the Church properties, and he opened the door for the known abusers of GOARCH to steal the properties!!!

Senator Gianaris’s Responsibility

The architect of this law was Senator Michael Gianaris of Queens. A Greek-American who should have defended parishioners instead pushed through a bill that protects the hierarchy and weakens the laity. He delivered exactly what the Archdiocese wanted: total control, no questions asked.

Why should one church get special treatment? Why should politicians in Albany write the Archbishop’s authority into state law?

This wasn’t done for the faithful. It was done for the few.

What’s at Stake

Think about it. Every parish hall, every community center, every church property built with the donations of immigrants and families — now at risk of being sold with no independent oversight by the Attorney General’s office!!  All it takes is the Archbishop’s signature. Generations gave their time, money, and love to build these communities. Now they can be disposed of like private assets.

What We Must Do

This law cannot stand. Parishioners must act — now.

1. In the courts: Challenge this law as unconstitutional. Equal protection, religious freedom, and church-state separation are on our side.

2. In the political arena: Call your legislators. Demand repeal. Demand transparency. Make them answer why GOARCH got a special deal.

Silence means surrender. If we do nothing, our parishes will lose control forever.

Final Word

This is a betrayal. By our politicians. By our supposed representatives. By those who claim to protect our faith while consolidating their power.

The faithful must rise — with legal challenges, political pressure, and community action. We owe it to our parents and grandparents who built these churches. And we owe it to our children who deserve a church that belongs to its people, not to a hierarchy protected by Albany.

October 1, 2025, n.stamatakis@aol.com   www.helleniscope.com

DISCLAIMER: The views and statements expressed in this article constitute constitutionally protected opinions of this author. This article expresses the opinion of the author and shall not be interpreted as legal advice.

TO SUPPORT HELLENISCOPE OR BECOME A SUBSCRIBER, LINK HERE!!

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AN INITIAL LEGAL ANALYSIS

1. Equal Protection Concerns (14th Amendment, U.S. Constitution)

• Selective denominational treatment:
  The statute expressly singles out the Greek Orthodox Archdiocese of America for unique treatment. Other churches remain bound by the general requirement of notice to the Attorney General or the general petitioning rules.

  • This could be challenged as denominational favoritism because it privileges one religious organization over others without a neutral justification.

  • Courts have long held (see Larson v. Valente, 456 U.S. 228 (1982)) that the government cannot create classifications that favor one denomination over another without strict scrutiny.

• Potential state constitutional problem:
  New York’s own constitution (Article I, § 3) also contains protections against preferential treatment of particular religions. This law’s carve-out might violate that provision.

2. Establishment Clause Issues (First Amendment, U.S. Constitution)

• By exempting only a specific church (Greek Orthodox Archdiocese) from oversight and even requiring its internal hierarchy (the Archbishop’s consent) to be recognized by civil law, the state arguably:

  • Advances one religion (Greek Orthodox) over others.

  • Excessively entangles the state with religion, because civil law is now incorporating internal church authority (Archbishop’s consent) as a condition precedent to a legal transaction.

• The Supreme Court has often applied the Lemon test (from Lemon v. Kurtzman) and later refinements. Under Lemon’s “entanglement” prong, this could fail because the legislature is codifying a church’s governance rules into state law.

3. Free Exercise Clause Concerns

• Interestingly, the law could be challenged not just for privileging, but also for burdening Greek Orthodox churches, because:

  • Unlike other churches, which can proceed with a petition based only on trustee action, these parishes now cannot act without the Archbishop’s consent.

  • This arguably restricts the autonomy of local congregations and transfers power to ecclesiastical leadership with state backing.

• That creates a situation where the state is enforcing hierarchical church governance against members, which might implicate Hosanna-Tabor v. EEOC principles (church autonomy).

4. State Constitutional Concerns (New York)

• New York Constitution, Article XI, § 3 forbids the state from favoring or aiding one religion.

• New York courts historically scrutinize religious carve-outs closely. Embedding the Archbishop’s consent requirement directly into statutory law is likely to raise red flags.

5. Potential Federal Statutory Issues

• Civil Rights Act (42 U.S.C. § 1983): If local parish members believe their property rights are being curtailed by a state-imposed rule privileging ecclesiastical hierarchy, they may bring a civil rights claim under § 1983 for violation of equal protection or free exercise.

• RLUIPA (Religious Land Use and Institutionalized Persons Act) likely does not apply here, because this is not a zoning/land-use restriction by government, but rather an internal corporate governance law. Still, challenges could be framed in terms of disproportionate burden on certain congregations.

6. Practical Effect That Strengthens Challenges

• For other denominations (e.g., Episcopal, Catholic, Presbyterian), trustees can file petitions directly.

• For the Greek Orthodox Archdiocese, civil law now enforces the Archbishop’s veto power.

• This is not neutral, not generally applicable, and directly tied to denominational structure. That invites strict scrutiny.

Summary

This law creates at least three major avenues of constitutional attack:

1. Equal Protection (14th Amendment & NY Constitution) – denominational favoritism violates neutrality.

2. Establishment Clause – entangles state with religion and privileges one church.

3. Free Exercise / Autonomy – burdens local parishes by embedding hierarchical control into state law.

In addition, it risks challenge under state constitutional provisions forbidding denominational preference, and could give rise to federal civil rights litigation under § 1983.

October 1, 2025, n.stamatakis@aol.com   www.helleniscope.com

DISCLAIMER: The views and statements expressed in this article constitute constitutionally protected opinions of this author. This article expresses the opinion of the author and shall not be interpreted as legal advice.

TO SUPPORT HELLENISCOPE OR BECOME A SUBSCRIBER, LINK HERE!!