Denominational Agencies—Legal Liability - Part 1

Key point 10-18.3. There are several legal defenses available to a denominational agency that is sued as a result of the acts or obligations of affiliated clergy and churches. These include a lack of temporal control over clergy and churches; a lack of official notice of a minister's prior wrongdoing in accordance with the denomination's governing documents; lack of an agency relationship; the prohibition by the first amendment of any attempt by the civil courts to impose liability on religious organizations in a way that would threaten or alter their polity; and elimination or modification of the principle of joint and several liability.

Denominational Liability

* A Connecticut court ruled that a denominational agency was not required to seek out information concerning the prior sexual misconduct of a non-employee, and therefore it was not responsible for the sexual misconduct of a pastor ...