Church Law & Tax Report
September/October 1995
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Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Arbitration Rulings in Church Disputes May Be Reviewed by Courts
But only if interpretation of religious doctrine is not involved, court rules.
Church Records
"Secret Archives" Cannot Prevent Some Records from Subpoena
Court ruling applies to documents that do not interfere with religious freedom.
Counseling
Court Rules Statements to Priest Not Protected by Penitent Privilege
Statements were made when minister was not acting as a spiritual advisor.
Counseling
Children Cannot Revoke Parent's Penitent Privilege
Massachusetts court makes surprise ruling.
Board Members May Be Legally Responsible for Organization's Negligence
Tennessee lawsuit highlights liability of nonprofit board. members
Court Holds Boy Scout Organization Responsible for Injury at Local Troop Activity
Surprising ruling leaves national organization open to lawsuits.
Church Liability for Accidents May Depend on Victim's Status
Court outcomes depend on whether a victim is "invitee," "licensee," or trespasser.
Clergy Malpractice
No Case for Clergy Malpractice
Churches also not generally held responsible on basis of respondeat superior.
Transport Organizations May Be Liable for Assaults by Passengers Against Other Passengers
Illinois court rules against bus company in case of sexual assault by one minor against another.
Property Leased by For-Profits to Religious Groups May Not Be Tax Exempt
Case illustrates important need to address who pays property taxes in a rental agreement.
