Home > Law

Law

Protecting Your Church in Case of Allegations of Abuse
Protecting Your Church in Case of Allegations of Abuse
Image:

Around a year ago, attorney Richard J. Mathews shared lessons he learned from advising the Boy Scouts of America during the organization’s child sexual abuse crisis. ManagingYourChurch.com recently interviewed him regarding what churches should know about insurance coverage ...

South Carolina Supreme Court Rules Against Breakaway Diocese’s Property Claims
What a recent ruling says about church property disputes.
South Carolina Supreme Court Rules Against Breakaway Diocese’s Property Claims
Image:

The South Carolina Supreme Court has reached a split ruling in a case involving a breakaway diocese of the Episcopal Church, stating that the now-separate diocese will not be able to keep the historic properties it tried to claim from the denomination—properties worth ...

Supreme Court Rules in Favor of Christian Schools
The religious freedom victory now could mean others in the future.
Supreme Court Rules in Favor of Christian Schools
Image:

The Supreme Court of the United States has ruled on its most important religious freedom case of the year, and they ruled in favor of a church.

Trinity Lutheran Church of Columbia v. Comer was a lawsuit brought by a Lutheran church against the director of the Missouri Department ...

How Does Trump’s Religious Liberty Executive Order Affect Churches?
Four legal experts weigh in on what the order actually means.
How Does Trump’s Religious Liberty Executive Order Affect Churches?
Image: Samuel Schneider / Unsplash

On May 4, President Trump signed an executive order (full text here) concerning religious liberty. Promises to “destroy” the Johnson Amendment—a provision in the US tax code that restricts churches’ political activity—have long been part of the ...

Church Cell Tower Leases and Zoning Laws
How to navigate the process smoothly and with minimal problems.
Church Cell Tower Leases and Zoning Laws
Image:

Kevin Donohue spent decades building networks for wireless companies before switching sides to represent landowners through his work with Tower Genius—a consultant firm that helps churches, businesses, and private citizens with lease agreements. He spoke with ManagingYourChurch.com ...

Q&A: What Churches Should Know About Immigration Law
An immigration attorney shares how churches can help immigrants in their congregations and communities.
Q&A: What Churches Should Know About Immigration Law
Image:

Recently, conversations about immigration have been surfacing in headlines, in our communities—and in our churches. Church Law & Tax talked with immigration attorney Analí Gatlin Looper about the sanctuary church movement, resources churches can use to learn ...

How Recent Changes to Form I-9 and the R-1 Visa Process Affect Churches
What church leaders need to know about recent changes to workers’ immigration forms and processes
How Recent Changes to Form I-9 and the R-1 Visa Process Affect Churches
Image:

Form I-9 Changes in January 2017

Recently the US Citizenship and Immigration Services (USCIS) released a new version of its Form I-9, the Employment Eligibility Verification form, and required US employers to begin using the new Form I-9 by January 22, 2017. Currently, US Immigration ...

BREAKING—New Overtime Pay Rules Put on Hold
Injunction delays December 1 implementation of new salary threshold.
BREAKING—New Overtime Pay Rules Put on Hold
Image:

New overtime rules that were set to take effect on December 1 have been put on hold after a nationwide injunction was handed down late Tuesday, November 22, by a federal judge in Texas.

The changes would have significantly increased the salary threshold used under the Fair Labor ...

How to Safely Use Copyrighted Video During Church Services
An attorney answers the most common questions she receives about video copyright.
How to Safely Use Copyrighted Video During Church Services
Image:

You found a perfect video clip to highlight the deep spiritual point you wish to make on the platform. People will connect. Lives will be changed. But what is the risk in incorporating it into your message? And what, if anything, can you do to legally play the video clip?

Many ...

Q&A: The Current State of Church-State Relations
What a religious liberty law professor and blogger is noticing in the legal landscape.
Q&A: The Current State of Church-State Relations
Image:

Howard M. Friedman—law professor, Harvard and Georgetown graduate, and published author—started Religion Clausein 2005, a blog that provides “objective coverage of church-state and religious liberty developments, with extensive links to primary sources.” ...

What Would Repealing the Johnson Amendment Actually Mean for Churches?
How a repeal of the amendment that prohibits political endorsements could affect pastors and churches.
What Would Repealing the Johnson Amendment Actually Mean for Churches?
Image:

During this year’s election season, many churches and pastors have likely heard that Republican presidential nominee Donald Trump has indicated he is in favor of repealing the Johnson Amendment, which governs the political activity of churches. The repeal of the Johnson ...

Condition Barring Sex Offender Unconstitutional • Pastor Admits ‘Misleading’ Abuse Statements: News Roundup
This week’s headlines that affect churches and church leaders.
Condition Barring Sex Offender Unconstitutional • Pastor Admits ‘Misleading’ Abuse Statements: News Roundup
Image:

Prohibition for Sex Offender on Church Attendance Ruled Unconstitutional. “In United States v. Hernandez (ED NY, Sept. 20, 2016), a New York federal district court held unconstitutional a condition of supervised release limiting church attendance that was imposed on defendant ...

BREAKING—New Overtime Rule Challenged by Officials from 21 States
Two new federal lawsuits seek to block the Department of Labor’s overtime changes.
BREAKING—New Overtime Rule Challenged by Officials from 21 States
Image:

In order to block the new overtime rule of the US Department of Labor (DOL), the attorney general for Nevada, Adam Laxalt, filed a lawsuit in federal court on September 20, according to the Associated Press (AP). The new overtime rule is set to take effect on December 1. Attorney ...

Interview: Churches and the State of Ministry Litigation
If you examine the annual lawsuits against churches, the results may surprise you.
Interview: Churches and the State of Ministry Litigation
Image:

Churches may wonder whether there is a growing possibility of churches facing legal proceedings. Is church litigation spiraling out of control?

In this interview, attorney Richard Hammar provides insight into the trend relating to church litigation and points out what churches ...

Interview: Child Sexual Abuse Prevention in the Church
What churches should know and the steps they should take to protect children.
Interview: Child Sexual Abuse Prevention in the Church
Image:

Attorney Richard Hammar gives six key steps churches should take to mitigate the risk of child sexual abuse in churches. Not only are Hammar’s six steps the most effective in preventing abuse, they are considered the set of reasonable measures churches should take in order ...

Interview: The Definition—and Danger—of 'Inurement'
Richard Hammar offers a definition for a common mistake that can have serious consequences.
Interview: The Definition—and Danger—of 'Inurement'
Image:

While you may have heard the word “inurement,” you may be unsure of its definition. In this interview, Richard Hammar provides a definition of inurement.

Could inurement have implications for a church’s tax-exempt status? Hammar addresses instances where ministries ...

Interview: Facility Use and Public Accommodation
What churches should keep in mind when renting out their facilities.
Interview: Facility Use and Public Accommodation
Image:

When churches allow outside entities to use their facilities, churches need to consider the implications that renting their facility might entail. This is especially true with regard to potentially contentious issues, such as same-sex wedding ceremonies.

In this clip of an interview ...

Interview: Ministers and the Supreme Court’s Decision on Same-Sex Marriage
Does the Court’s ruling affect ministers?
Interview: Ministers and the Supreme Court’s Decision on Same-Sex Marriage
Image:

Following the Supreme Court of the United States’ ruling last year on the legality of same-sex marriage, ministers may wonder whether that ruling now requires them to perform wedding ceremonies for same-sex couples even if they want to be exempt from performing them.

If ...

Churches and the Americans with Disabilities Act
How compliance helps churches welcome all people—including individuals with disabilities.
Churches and the Americans with Disabilities Act
Image:

The biblical principle of loving your neighbor is threaded into the life of churches. Often, however, churches are failing to love well those in their midst when they inadequately provide accommodation for and inclusion of individuals with disabilities.

The Americans with Disabilities ...

When a Pastor Is Suspected of Misconduct, Should the Congregation Know?
Consider the legal concerns of communicating the allegation.
When a Pastor Is Suspected of Misconduct, Should the Congregation Know?
Image:

A false allegation [of a pastor's misconduct] could lead to a lawsuit for slander—especially if the pastor denies the allegations, said Frank Sommerville, a Houston-based attorney who specializes in legal issues facing churches.

“You are walking a tightrope in ...

ChurchSalary

ChurchSalary

Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Essential Guide to Liabilities and Duties for Church Boards

Essential Guide to Liabilities and Duties for Church Boards Member access only

Be aware of ways you can expose yourself to personal legal liability.
Creating a Disaster Preparation and Response Plan

Creating a Disaster Preparation and Response Plan Member access only

Learn the steps you can take now so you are ready to respond if a crisis unfolds.