Professor: Church- clergy relations  sit beyond state jurisdiction  under Armenian and international law

ArmInfo.  Issues concerning relations between the Church and the clergy are beyond the state's control and judicial interference under both  Armenian  constitutional law and the precedents of the European Court of Human  Rights (ECHR), according to Dr. Professor Artur Ghambaryan, professor  of law.  Writing on his Facebook page, he  addressed what he  characterized as an " anti-church campaign" currently being waged by  the Armenian authorities.

The professor noted that a clear trend toward "Americanization" has  been observed in Armenia recently and emphasized that as Armenia is  truly moving in this direction, then the government, while waging a  campaign against the Armenian Apostolic Church (AAC) and exploiting  disenfranchised bishops and judges who accept their claims, must  respect the constitutional principles regarding religious autonomy  established by high courts in the United States and Europe.  He  highlighted the "ministerial exception" doctrine, citing landmark  U.S. Supreme Court cases such as Serbian Orthodox Diocese v.  Milivojevich (1976) and Hosanna-Tabor Evangelical Lutheran Church &  School v. EEOC (2012). In these rulings, the courts established that  the state cannot interfere in the internal governance of religious  organizations, including doctrinal disputes or the appointment and  dismissal of clergy. 

"Even if such decisions appear arbitrary or contain procedural  errors, the resolution of these disputes falls under the exclusive  jurisdiction of the internal tribunals of these organizations,"  Ghambaryan noted. He emphasized that religious groups have a  constitutional right to choose their spiritual leaders without state  intervention, a protection that balances anti-discrimination laws  with religious freedom. In that same case, the professor recalled,  the Supreme Court formally recognized the "clergy exception"  doctrine, which prohibits the application of discrimination laws to  religious organizations in matters of appointment, retention, or  dismissal of their clergy. "That is, churches have a constitutional  right to independently choose their spiritual leaders without  government interference," he clarified. 

Furthermore, Ghambaryan presented findings from empirical research  conducted by his students, which concluded that the relationship  between the Armenian Apostolic Church and its clergy does not  constitute a standard employment relationship. He pointed out that no  formal labor contracts are signed, and clergy do not receive salaries  governed by the Labor Code of Armenia.  "While the state recognizes  the service of clergy as seniority for pension purposes, this  arrangement sits entirely outside the framework of labor law,"  Ghambaryan concluded.