Church Law & Tax Report
July/August 1997
Articles
Liability for Giving Positive References 
Churches can be held liable for recommending someone with a history of misconduct.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Thefts from Church Coat Racks 
Churches are not necessarily responsible for thefts occurring on their property.
Church Members Sue to Remove Minister 
Courts are not permitted to interfere in "ecclesiastical matters".
Confidential and Privileged Communications; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
The Clergy-Penitent Privilege and Consent to Disclosure 
Minister's confession of misconduct not protected from disclosure.
Schools
Prayer in School Board Meetings 
Court rules that this practice does not violate the First Amendment.
Defamation
Priest Sues Bishop and Diocese for Defamation 
Courts generally refuse to interfere with churches' decisions regarding a minister's status.
Minors and Assumption of Risk 
Churches should not rely on release forms signed by minors.
Counseling
School's Liability for a Student's Suicide 
Officials who hear of a student's suicide threat may be liable for the minor's later suicide.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Denomination Not Liable for Pastor's Misconduct 
A denomination is not necessarily responsible for the acts of its pastors.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Priest Molests Children 
Court rules that diocese may be sued for negligent retention and supervision.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Man Sues Over Molestation by School Counselor 
The lawsuit was barred by the statute of limitations.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Man Sues Diocese and Two Priests Over Abuse 
The lawsuit was barred by the statute of limitations.
Man Alleges Sexual Abuse; Sues Priest and Diocese 
Experts find that cases of memory suppression are unlikely.
Counseling; Schools
Teacher Seduces High School Student 
School found not liable on the basis of negligent supervision.
Police Officer Sues Protesters at Abortion Clinic 
Members of an unincorporated association are not necessarily responsible for fellow members' misconduct.