Church Law & Tax Report
Articles with a are available only to members.
Do Federal Employment and Discrimination Laws Apply to Churches?
A federal court issues an important ruling- Equal Employment Opportunity Commission v. St. Francis Xavier Parochial School, 117 F.3d 621 (D.C. Cir. 1997)
Issues that affect ministers and churches, with Richard R. Hammar
Recent Developments in New York Regarding Bankruptcy
A bankruptcy court in New York ruled that a church had to turn over tithes it received from a couple during the year preceding the filing of a bankruptcy petition since the tithes represented a "fraudulent transfer" for less than "reasonably equivalent value."
Recent Developments in Texas Regarding Child Abuse
A Texas court ruled that a 23-year-old male who was molested by a church music director when he was a minor was barred by a 2-year statute of limitations from suing his church, and that the church could not be sued as a result of the failure of 5 pastors to report the alleged abuse to civil authorities.
Recent Developments in Maryland Regarding Church Elections
A Maryland court ruled that a church dispute over an election did not have to be arbitrated but could be resolved by a civil court.
Recent Developments in Georgia Regarding Church Elections
The Supreme Court of Georgia ruled that members of a "congregational" church could not challenge their expulsion in civil court since membership in such a church is not a property right.
Recent Developments in Minnesota Regarding Restraining Orders
A Minnesota court upheld the legal validity of a restraining order prohibiting a disruptive individual from entering onto a church's premises.
Recent Developments in Missouri Regarding Church Property
A Missouri court ruled that a church had a legal right to use a roadway across a neighboring property since an "easement by implication" had been created.
Recent Developments in Connecticut Regarding Church Property
A Connecticut court ruled that a church could construct a parsonage in a subdivision despite a "restrictive covenant" prohibiting any use other than a "strictly private residence."
Recent Developments in Tax Court Regarding Income Taxes for Clergy
The United States Tax Court ruled that a Methodist minister was an employee for federal income tax reporting purposes.
Recent Developments in Illinois Regarding Confidential and Privileged Communications
The Illinois Supreme Court ruled that statements made by a murder suspect to his brother were not protected from disclosure in court by the clergy-penitent privilege since the brother was not a recognized minister.
Recent Developments in Louisiana Regarding Employment Practices
A federal court in Louisiana ruled that a church school did not violate the Americans with Disabilities Act by not rehiring a teacher who had to temporarily quit her job because of pregnancy-related varicose veins.
Recent Developments in the Supreme Court Regarding Employment Practices
The United States Supreme Court ruled that a church-operated camp was engaged in "commerce."
Recent Developments in Kansas Regarding Employment Practices
A federal court in Kansas ruled that an employer committed unlawful religious discrimination by dismissing two employees for engaging in religious speech with customers.
Recent Developments in Alabama Regarding Insurance
An Alabama court ruled that a church's "directors and officers" insurance policy covered a lawsuit brought against a pastor for improperly obtaining money from an elderly member.
Recent Developments in Minnesota Regarding Officers, Directors, and Trustees
The Minnesota Supreme Court has issued an important ruling addressing the personal liability of members of the board of a nonprofit corporation.
Recent Developments in Arizona Regarding Schools
A bankruptcy court in Arizona ruled that a Catholic high school could not withhold a former student's academic transcript as a result of her failure to pay her school bill.
Recent Developments in Oregon Regarding the Taxation of Church Property
An Oregon court ruled that a church's property was subject to tax because the church failed to timely appeal an assessor's decision to place it on the tax roll.
Recent Developments in Indiana Regarding Unincorporated Churches
An Indiana court recognized an exception to the general rule that members of an unincorporated church cannot sue their church for injuries they suffer on church premises or during church activities.
Recent Developments in Pennsylvania Regarding Workers Compensation
A Pennsylvania court ruled that workers who were members of a church that made provision for its dependent members were eligible for exemption from workers compensation coverage.
Recent Developments in New Jersey Regarding Zoning
A New Jersey court ruled that a city zoning board acted properly in allowing a church to construct a sanctuary and preschool on an undeveloped tract, despite the protests of neighbors.
Recent Developments in Kentucky Regarding Zoning
A federal court in Kentucky ruled that a church's constitutional rights were not violated by a new city ordinance that prohibited the use of a sign the church had used for ten years.
Recent Developments in New York Regarding Zoning
A federal court in New York ruled that a city did not violate the rights of neighbors by refusing to enforce a noise ordinance against a church that broadcast amplified music from its steeple.