Church Law & Tax Report
July/August 1993
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Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Liability for Walk-In Freezers
Recent case illustrates need to inspect such freezers.
Charitable Contributions
Contributions to Music Ministry Not Deductible
Ministry not registered as an exempt organization.
Charitable Contributions
Distributing Leftover Funds from a Medical Fundraiser
New Jersey court issues important ruling.
Tennessee Church Loses Property Dispute Case
Church property will revert to denomination.
Church Records
Court: Diocese Does Not Have to Turn Over Records
Montana law has strict protection of privacy.
Counseling
Minister Cannot Testify to Alleged Demon Possession in Court
But a testimony regarding a defendant's behavior in counseling is acceptable.
Copyright
Christian Radio Station Guilty of Copyright Violations
Conviction leads to more than $50,000 in damages.
Court: Religious Adoption Agency Can Discriminate in Hiring
Religious organizations can discriminate based on religion of applicant.
Former Lutheran Synod Employee Loses Sex Discrimination Case
Job loss was due to budgetary reasons, court said.
Pregnant Teacher's Discrimination Suit Can Move Forward
Dispute centers around true reason for teacher's dismissal.
Insurance Companies' Responsibility for Sexual Misconduct Trials
Recent case shows a church's insurance policy may not cover costs from these trials.
Minnesota Prohibits Discrimination Based on Sexual Orientation
Exemption provided for religious organizations.
Minister Can Sue Denomination for Defamation, Court Rules
But the minister can't sue for denomination's failure to follow bylaws.
Asserting 'Qualified Privilege' In Lawsuits
In many states, this defense can be lost if churches don't assert it in an answer to a lawsuit.
Convicted Murderer Cannot Inherit Estate
Man had killed his grandmother.
Zoning
Church Wins Zoning Dispute
Zoning commission had denied special permit for church building in a residential area.
Counseling
Courts Can Limit Parent's Right to Involve Children in Religious Activities
Such limitations based on best interests of the child.
Husband Cannot Sue Pastor for Affair with His Wife
Court cites state law.
Sexual Molestation Suit Against Priest, Church Dismissed
Statute of limitations had expired.
Church Property
Court Concluded That Churches Can Be Used for Polling Places
Benefits of holding elections at churches outweighs slight burden on freedom of religion.
Charitable Contributions
Tax Deductibility of Donations to Benevolence Funds
Key is the size of the "class of potential beneficiaries."
