Date: Wed, 18 Jun 1997 13:43:06 -0700
From: "Fr. Alexander Lebedeff"
Subject: California Ruling on the Moscow Patriarchate
Not all are aware that there is a civil court ruling regarding the
validity of the Moscow Patriarchate, made right here in Los Angeles
and, I presume, still the "law of the land," at least in California
(are you listening, Alyosha?--you wouldn't want to make any statements
about the validity of Patriarch Alexey II or the MP that would be
against what the court determined to be a fact, would you?--I can hear
the police car sirens wailing already. . .).
In the Superior Court of the State of California in and for the County
of Los Angeles, ruling of Judge Joseph Vickers, dated December 31, 1948:
FINDINGS OF FACT, XXIII:
"Purely and solely for purposes of political expendiency, the
communist regime within Russia has from time to time since 1917
permitted an outward form of religious organization to exist within
the territory of Russia and within territory controlled by the Russian
state, and an outward form of religious organization was in 1946 and
is now permitted to exist within Russia, known as the so-called
Patriarchal Church, headed by the so-called Patriarch Alexy, but such
forms of church organization that were permitted to exist within
Russia since 1917 to the present time have been and are completely
under the domination and control of the communist regime. The
governing organs of the Church Abroad duly and regularly, in or about
the years.1927, 1943 and 1946, considered the canonic status of said
so-called Patriarchal Church and particularly in 1946 considered the
purported election of the so-called Patriarch Alexy as head of said
so-called Patriarchal Church, and it was duly and regularly decreed by
said governing organs of the Church Abroad in or about 1927, 1943 and
1946 that said so-called Patriarchal Church within Russia never was,
after the year 1927, a canonical or lawful administration of the
Church, and that it never had since 1927 any authority of any nature
whatsoever over any part or member of the Church inside or outside the
territory of Russia; and further that since 1927 there has been no
canonical or lawful supreme administration of the Church within
Russia, and further determined and decreed in 1946 that the so-called
Patriarch Alexy was not the canonical head of the Church and that he
had no authority as head, or otherwise, over any part or member of the
Church outside or inside the territory of Russia. This Court finds
that said so-called Patriarchal Church never was since 1927, and is
not now, a canonical or lawful organization of the Church, or ever had
or has any authority of any nature whatsoever over any part or member
of the Church outside the territory of Russia. At no time since in or
about the year 1927 has there been a canonical and lawful supreme
church administration of the Church within Russia, though there always
were and still are very large numbers of bishops, priests and laymen
within Russia who were and are faithful to the Church. This Court
further finds that the so-called Patriarch Alexy was not in 1946, or
at any time before or since then has been, the head of the Church;
further finds that he has never had any authority of any nature
whatever over any part or member of the Church outside the territory
of Russia."
