Jump directly to the Content

Church Law & Tax Report

November/December 1992
Articles with a Member Access Only are available only to members.


Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar

Denominational Arbitration Procedures Member access only

Can arbitration procedures be enforced?
Charitable Contributions

Substantiating Charitable Contributions Member access only

What are the reporting requirements?
Child Abuse; Confidential and Privileged Communications

Mandatory Reporters and the Clergy-Penitent Privilege Member access only

Can confessions of child abuse be privileged conversations?
Child Abuse

Reporting Child Abuse Member access only

Can a reporter be sued if the abuse did not actually occur?
Freedom of Religion

Discipline of Church Members Member access only

Churches' membership decisions are protected by the First Amendment.
Church Records

Inspection of Church Records Member access only

Can a church avoid the inspection of its records by placing them in a "secret archive"?
Church Records

Members' Right to Inspect Church Records Member access only

An Illinois appeals court decision provides some guidance.
Confidential and Privileged Communications

When Does the Clergy-Penitent Privilege Apply? Member access only

A court recently made a significant ruling.
Confidential and Privileged Communications

What Constitutes "Spiritual Counsel"? Member access only

The clergy-penitent privilege applies only in situations of spiritual counsel.
Confidential and Privileged Communications; Counseling

Counselors and the Clergy-Penitent Privilege Member access only

After a minister disclaims a counseling relationship, further communications are not privileged.

The "Copyright Renewal Act of 1992" Member access only

This act extends the copyright term of some works.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Missionaries' Sexual Misconduct Member access only

Is a denomination liable for the misconduct of its missionaries?
Employment Practices; Sexual Harassment

Employers' Liability for Sexual Harassment Member access only

A Washington court recently ruled on this matter.
Employment Practices

Discrimination on the Basis of Alcohol and Tobacco Use Member access only

Churches are exempted from a Missouri ban on this type of discrimination.
New York
Officers, Directors, and Trustees

Breach of Fiduciary Duties Member access only

A court ruled that the directors of a charitable trust could be sued for breach of fiduciary duties.
Church Property; Personal Injuries on Church Property or During Church Activities

Injuries in Church Parking Lots Member access only

A woman sued a church after slipping and falling on their icy parking lot.
South Carolina
Church Property; Personal Injuries on Church Property or During Church Activities

Member Sues Unincorporated Church Member access only

He was injured while repairing the church's sound system.
Church Members; First Amendment

Can a Church Dismiss Members Who Sue the Church? Member access only

Court refused to issue an order prohibiting the church from conducting a meeting to dismiss the 75 members for suing the church.