In Eritrean Orthodox Tweahdo Diocese of USA and Canada v. Sinoda, (MD Sup. Ct., July 23, 2026), the Maryland Supreme Court held that the ecclesiastical abstention doctrine does not apply to a wrongful detainer action by a church seeking to evict a defrocked bishop from a church parsonage. The court said in part:
Respondent contends that the removal of Patriarch Antonios by the Eritrean government was invalid. As a result, Respondent argues, the existing “government-controlled” Synod was organized in violation of the Bylaws. Due to its illegitimacy, Respondent claims, the Synod lacked proper authority to defrock him as Bishop. Consequently, he was not properly removed from the Board, and the Board’s subsequent decision to remove him from the Property – made without him present – was illegitimate. According to Respondent, he remains the true Bishop in control of the Corporation, with a possessory right to occupy the Property that serves as a parsonage for the current bishop. Respondent contends that, in order to decide whether or not he has a right to possess the Property, a Maryland court would need to decide a question of religious doctrine....
To resolve this case, it is not necessary to decide whether the Synod is legitimate or whether the decisions to defrock Respondent and to remove him from the Corporation’s Board are doctrinally proper. The crux of Respondent’s argument for his possessory interest in the Property is his position as Bishop....
However, the record lacks any evidence that there is any legal right for the Bishop of the United States and Canada to possess the Property. The Church’s Bylaws are silent concerning the provision of a parsonage to any bishop. The deed to the Property mentions nothing about who will occupy the premises. It is undisputed that no lease provides for Respondent to occupy the Property for as long as he serves as Bishop (or for any other period of time). There is no evidence of any other contract – such as an employment agreement – under which the Church or the Corporation agrees to provide the Property for use as a parsonage to the Bishop of the United States and Canada. Lastly, the Maryland Religious Corporation Law is silent on any such property right conditioned on the employment of a clergyperson....
The lower courts erred in invoking the ecclesiastical abstention doctrine. That doctrine has no application to this case because Respondent’s right to possess the Property does not turn on whether he is the Church’s rightful Bishop of the United States and Canada. Applying neutral principles of Maryland property law to the undisputed facts of this case, we conclude that Respondent was a licensee with respect to the Property and that the Corporation has revoked Respondent’s license to reside at the Property....
