Church Law & Tax Report
March/April 1995
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Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Church Not Responsible for Injuries Sustained by "Beneficiary"
New Jersey "charitable immunity" law cited in case.
Contracts
The Hidden Threat of Reverter Clauses
Churches may lose property if they accidently trigger a reverter clause.
Clergy Removal and Court Involvement
Courts can resolve clergy dismissal cases if consideration of ecclesiastical matters are not involved.
Counseling
Penitent Privilege and Identity Disclosure
Some states allow clergy to keep confessor identities a secret.
Counseling
Waiving the Clergy-Penitent Privilege
Few states allow clergy to waive penitent privilege without counselee consent.
Denominational Constitutions and Legal Liability
Court rules denomination rules are for ecclesiastical control, not legal liability.
Copyright
Religious Conventions and Copyright Infringement
Religious groups may be liable for exhibitors' copyright infringement.
Public Schools, Churches, and Rental Discrimination
Court rules public school cannot charge higher rental fees to church groups than other community groups.
Resolving Disputes Between Clergy and Denominations
Civil courts cannot resolve disputes involving ecclesiastical issues.
Liability for Obviously Dangerous Conditions
Court rules church not responsible for injuries sustained on a rain-dampened ramp.
Liability for Workers with Criminal Records
Churches are only liable if criminal record correlates to the injuries a worker may cause, court rules.
Dismissal of Church Members
Court says it can't get involved in dispute involving religious group's ousted members.
The Protection of Charitable Immunity
Some states will not allow charities to be sued because of negligence.
Background Investigations of Prospective Workers
Churches may be liable for problems arising from employees whose backgrounds have not been appropriately checked.
Child Abuse and Retracted Stories
A retracted accusation of abuse not always indicative of accused's innocence, court rules.
Zoning
Zoning Laws and Homeless Shelters
Zoning laws may prevent churches from having homeless shelters on their property.
