Lightman v. Flaum & Weinberger
New York Supreme Court, Appellate Division -- Second Department

PRELIMINARY STATEMENT

In its role as amicus curiae, the UOJCA is not in a position to opine upon the facts at issue in this case. We do, however, have strong views as to the substantive legal issues at stake in this case, as well as of the reasoning set forth by the lower court in the ruling that is herein being appealed. Concisely stated, we believe it is clear that N.Y.C.P.L.R. §4505 was enacted for the purpose of empowering and facilitating the role of clergy in New York State, not to be utilized as a means of undercutting them for their actions. The very fact that Plaintiff-Respondent has been able to bring a private right of action against the defendants-appellants under this section, highlights the fact that to this day §4505 retains its original character - as an act designed to protect the needs of New York's Catholic clergy whose religious tenets absolutely prohibit the disclosure of confidences in all situations. While clergy of all faiths are, and should be, covered by §4505's provisions, we will explain below why mechanical application of this rule without consideration for the fact that different faiths place different demands upon their clergy runs afoul of §4505's intent.

The UOJCA also respectfully submits, that even if this court agrees with the interpretations the trial court rendered with regard to §4505, it must rule that it was inappropriate and reversible error for the trial court to review and rule upon the requirements that Jewish Law placed upon defendants-appellants. If the First Amendment stands for anything, it stands for the fact that it is not the place of secular courts to interpret ecclesiastical law, particularly with regard to those tenets governing relationships between clergy and their congregants.