Church Law & Tax Report
March/April 2002
Feature Article
Loans to Pastors 
Legal and tax implications.
Articles
Denominational Agencies—Legal Liability - Part 2 
A Missouri court affirmed a jury verdict of $1 million against a denominational officer who sexually harassed a female minister.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Child Abuse; Child Abuse Reporting
Child Abuse Reporting 
A Texas court ruled that a pastor was legally required to report to civil authorities the confession of a counselee that he had molested his three children.
Church Board's Attempts to Amend Articles of Incorporation Ruled Invalid 
A Florida court said procedural requirements were not followed.
Church Property 
A Florida court ruled that a student who refused to return a school-owned laptop computer could be charged with theft.
Church Property - Part 2 
The Arkansas Supreme Court ruled that a local church maintained ownership of its property following its disaffiliation from a parent denomination.
Church Records
Church Records 
A New York court ruled that a church member had the legal authority to inspect church records despite the pastor's refusal to allow him to do so.
Confidential and Privileged Communications
Confidential and Privileged Communications 
A Texas court ruled that statements made by a church member to his pastor when confronted by the pastor about allegations of inappropriate behavior with children were not protected against disclosure in court.
Copyright 
A federal court in Texas addressed the question of what recipes can be placed in a cookbook without violating the copyright law.
Denominational Agencies—Legal Liability - Part 1 
A Connecticut court ruled that a denominational agency was not required to seek out information concerning the prior sexual misconduct of a non-employee.
Employment Practices - Part 1 
A New York court ruled that disparaging statements made by a minister about a member of his congregation when asked by a prospective employer for a reference were not defamatory.
Employment Practices 
A federal court in Wisconsin ruled that it was barred from resolving a former church music director's claim that she had been wrongfully terminated by the church on account of her race.
Freedom of Religion - Part 1 
A California court ruled that a Christian student group's rights under the federal Equal Access Act were violated by a public school district's decision to ban them from school premises.
Freedom of Religion - Part 2 
The Indiana Supreme Court ruled that a city's decision to "condemn" church property through the power of eminent domain did not violate the church's first amendment rights.
Insurance 
A Michigan court ruled that a church insurance policy's "counseling endorsement" provided coverage for a lawsuit brought by a husband and wife against their pastor.
Personal Injuries on Church Property or During Church Activities - Part 1 
A Louisiana court ruled that a school was legally responsible for the rape of a 12-year-old girl who had been allowed to leave school premises during school hours.
Personal Injuries on Church Property or During Church Activities - Part 2 
A New Jersey court ruled that a state charitable immunity law prevented a woman from suing a church as a result of injuries she suffered when she tripped on a sidewalk adjacent to the church.
Privacy 
A Pennsylvania court ruled that email messages are not protected by any privacy interests.
Sexual Misconduct by Clergy and Church Workers - Part 1 
The Arkansas Supreme Court ruled that a charity could not be liable for an employee's sexual assault because it had no knowledge of any prior misconduct.
Sexual Misconduct by Clergy and Church Workers - Part 2 
A Florida court ruled that a church was not liable, on the basis of respondeat superior or negligent supervision, for the rape of a 16-year-old girl by the senior pastor of her church.