BURBANK : Council’s Fears Stall Church Burial Plan

Plans by a Syrian Orthodox Church to bury its archbishop on church grounds have been stalled by the Burbank City Council.

The St. Ephraim Syrian Orthodox Church on Glenoaks Boulevard had petitioned the council for permission to bury Archbishop Athanasius Samuel, who is now 86, behind the altar when he dies. But that would mean changing city laws, which only allow burials at cemeteries.

The council put off a decision on the application in part because of concerns that it would put the city in a position of regulating religion.

“I think we’re asking the question, ‘What is a church?’ and I think we’ll be getting into some dangerous ground,” Councilwoman Susan Spanos said after a hearing Tuesday night to change city zoning laws to allow churches to be used for burials.

Samuel, 86, U. S. leader of the denomination, is best known for his role in discovering a portion of the Dead Sea Scrolls.

Mayor George Battey Jr. and Spanos said they feared that approval would open the city up to lawsuits from groups whose requests for a burial on church grounds had been denied, contending that the city had violated their First Amendment religious freedoms.

For example, they said, a church could be any building--including a house--where a religious organization meets.

But Mike Caggiano, the architect for the church, told the council that the issue is not as complicated as it looks. Los Angeles allows burials on church properties, he said, adding that just 10 miles away is a Greek orthodox church with a free-standing mausoleum.