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Richard R. Hammar
J.D., LL.M., CPA

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Concealed Weapons at Church and the First Amendment

In 2010, the State of Georgia enacted a law making it a misdemeanor offense for a person with a concealed weapons permit to carry a concealed weapon "in a place of worship." Several plaintiffs, including a church and its pastor, filed a lawsuit chall

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Why Dissidents' Lawsuit Against Pastor Could Proceed

A Louisiana court ruled that the First Amendment guaranty of religious freedom did not prevent it from resolving a lawsuit brought by former board members of a church seeking redress for the pastor's financial mismanagement.

Does Your Insurance Policy Cover Sexual Abuse Claims?

A liability insurance policy provides a church with a legal defense to lawsuits claiming that the church is responsible for an injury, and it will pay any adverse settlement or judgment up to the limit specified in the policy.

Compensation Disputes Between Clergy and Churches

Ministers who are employed to perform ministerial services, and who are paid a salary that meets or exceeds the "salary test," are professional employees exempt from the provisions of the Fair Labor Standards Act.

Why One Couple Couldn't Deduct a $217,500 Donation

Charitable contributions are subject to a number of substantiation requirements. A failure to comply with these requirements may lead to a denial of a charitable contribution deduction.

Employee Wages and the Fair Labor Standards Act

A federal district court in New York ruled that a custodian who worked for an Episcopal church was not entitled to minimum wage or overtime pay under the Fair Labor Standards Act since the church was not an "enterprise" and the custodian did not qual

Defamation Claims against Churches

An Oregon court ruled that the First Amendment did not prevent it from resolving a defamation claim brought by a pastor against his former church and denominational officers.

Churches and Employment Discrimination Laws

Title VII of the Civil Rights Act of 1964 prohibits employers engaged in commerce and having at least fifteen employees from discriminating in any employment decision on the basis of race, color, national origin, gender, or religion.

Legal Liability in Sexual Molestation Cases

Most courts have refused to hold denominational agencies liable for the acts of affiliated ministers and churches, either because of First Amendment considerations or because the relationship between the denominational agency and affiliated church or

Naming Parties in Lawsuits

A Louisiana court ruled that a church could not sue its bank for negligence in allowing an employee to make unauthorized charges to the church's credit card since it failed to name the bank as a defendant in its original lawsuit.

New IRS Mileage Rates

The IRS has increased the standard mileage rates for the final six months of 2011. The standard business mileage rate increases to 55.5 cents a mile for all business miles driven from July 1, 2011, through Dec. 31, 2011.

Pastor v. Church: Do Civil Courts Intervene?

Some courts are willing to resolve disputes over the termination of clergy if they can do so without any inquiry into religious doctrine.

Property Disputes between Churches and Denominations

A New York court ruled that the property of a church that seceded from the Presbyterian Church U.S.A. was held in trust for the benefit of the national church,

Responding to a Disruption During a Service

A Kansas court ruled that a church was not liable for the use of reasonable physical force by an usher in restraining a woman during a church service who was making threats against the pastor.

The Invasion of Privacy in the Digital Era

Many states recognize "invasion of privacy" as a basis for liability. Invasion of privacy may consist of any one or more the following: (1) public disclosure of private facts; (2) use of another person's name or likeness;

When a Sex Offender Comes to Church

In some cases, child molesters are given probation instead of imprisonment, subject to various conditions. If such a person attends a church, it is important for church leaders to be apprised of such conditions so that they can help to ensure that

What Pastors Should Know Before Performing Weddings

All states permit clergy to perform marriage ceremonies. However, some states permit only "ordained" or some other classification of clergy to perform marriage ceremonies. It is important for clergy to determine if they are legally authorized to perf

Church Membership and Court Intervention

A Texas court ruled that it was barred by the First Amendment guaranty of religious freedom from resolving a dismissed church member's lawsuit accusing his former church of defamation, emotional distress, and fraud.

Road Risks: Using Youth Drivers for Church Events

An Arizona appeals court upheld a $7 million verdict against a youth soccer club as a result of permanent brain injuries suffered by a motorcyclist.

When the Clergy-Penitent Privilege Doesn't Apply

The Massachusetts Supreme Judicial Court ruled that the clergy-penitent privilege did not apply to incriminating statements made by a father

Does Tax Exemption Apply to Vacant Land?

Undeveloped church-owned property generally is not exempt from property taxation. However, some courts have ruled that such property may be exempt from taxation if its sole, though infrequent, use is for religious purposes.

Defamation and Church Conflicts

Recent decisions by state courts in Illinois, Indiana, and Louisiana underscore the complexities of defamation lawsuits involving churches and clergy. Below are recaps of each of the cases, including the applications for church leaders and key points

Court Rules a Church Business Meeting Invalid

An Ohio court ruled that a church business meeting was invalid since the pastor had moved the time of the meeting from "immediately following the morning service" to 1:00 PM that afternoon.

Performing Marital Ceremonies Well

An Arizona court ruled that a marriage between a man and woman was legally valid despite their failure to record their marriage license

How a Land Use Act Protected One Church

A church congregation wanted to relocate because an increasing number of members lived in another part of town. The church found a two-story building in the target area and began considering its purchase for use as a church. The building was located

Playground Liability

An Arkansas court ruled that a church was not liable on the basis of gross negligence for injuries to a young child who was pushed off a piece of playground equipment by another child A mother was required to sign a release when she enrolled her 3

Privileged and confidential communications

The Rhode Island Supreme Court ruled that the clergy-penitent privilege did not apply to conversations between a pastor and a criminal defendant who was charged with child molestation, and therefore the pastor could testify at the defendant's crimina