The Kreshik et al. v. Saint Nicholas Cathedral of the Russian Orthodox Church of North America case in 1959 revolved around a dispute between two factions within the Russian Orthodox Greek Catholic Church of America, one supporting Moscow Patriarchate and another supporting an autonomous American church. The disagreement led to litigation over control and ownership rights for St. Nicholas Cathedral in New York City, which was owned by the American church but claimed by supporters of the Moscow Patriarchate after they took control over it during World War II when communication with Russia was cut off due to Soviet rule. In this case, both parties sought declaratory judgments regarding their respective rights to use and possess the cathedral property under its deed and charter provisions as well as ecclesiastical law principles recognized by civil courts. The Supreme Court ruled that U.S courts could not intervene in matters concerning religious doctrine or internal governance issues unless there were clear violations against established laws or public policy. Therefore, since no such violation existed here, it held that any decision on who had rightful possession would involve unconstitutional entanglement into religious affairs violating First Amendment's prohibition against government establishment of religion.

In the dissenting opinion for Kreshik et al. v. Saint Nicholas Cathedral of The Russian Orthodox Church of North America, Justice Brennan disagreed with the majority's decision to dismiss the case on First Amendment grounds. He argued that this was not a matter of religious doctrine but rather an issue concerning property rights and corporate control which fell under civil jurisdiction. In his view, it was entirely possible for courts to decide such disputes without delving into ecclesiastical matters or violating constitutional principles regarding church-state separation. Furthermore, he contended that by refusing to adjudicate these types of conflicts, they were effectively allowing religious organizations to operate outside the law in certain respects - something he believed could potentially lead to abuses and injustices.