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Church Law & Tax Report

May/June 2003
Articles with a Member Access Only are available only to members.

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Feature Article

Articles

Child Abuse - Part 1 Member access only

A California court ruled that a 6-year-old child could not be sued by an adult male against whom she made false accusations of child abuse.

Church Business Meetings Member access only

The South Carolina Supreme court ruled that church trustees lacked the authority to remove their pastor.

Church Membership Member access only

A Michigan court ruled that it was barred from resolving an internal church dispute since it could not do so without delving into church doctrine.

Clergy Selection Member access only

A federal court in Oregon rejected a minister’s claim of unlawful religious discrimination.

Confidential and Privileged Communications - Part 1 Member access only

A Washington state appeals court ruled that a youth pastor's confession to a church elder that he had molested members of the church youth group was protected by the clergy-penitent privilege.

Employment Practices - Part 1 Member access only

A Tennessee court ruled that a denominational agency did not commit unlawful race discrimination when it appointed a white male to a management position.

Insurance Member access only

A California court ruled that a "sexual misconduct" exclusion in a school's liability insurance policy applied not only to a teacher who molested several students, but also to negligent supervision and negligent retention claims.

Personal Injuries on Church Property and During Church Activities - Part 1 Member access only

An Indiana court upheld a jury award of $17 million in a "slip and fall" case.

Sexual Misconduct by Clergy and Church Workers - Part 1 Member access only

A New York court ruled that a church and denominational agency were not liable for a pastor's acts of child molestation.

Sexual Misconduct by Clergy and Church Workers - Part 2 Member access only

A California court ruled that a pastor and church could not be liable for injuries allegedly suffered by a woman as a result of a consensual sexual relationship she had with the pastor.

Workers Compensation - Part 1 Member access only

The Ohio Supreme Court ruled that an employee of a manufacturing company who was injured on the job and awarded workers compensation benefits was engaging in fraud by accepting compensation for performing services as pastor of a church.

Child Abuse - Part 2 Member access only

A New York court ruled that a teacher who failed to report a known case of child abuse could not be sued by the parents of the victim.

Churches—Definition Member access only

The Nebraska Supreme Court ruled that the term “church” is not limited to buildings that are owned by a religious congregation, but also includes rented facilities.

Clergy Removal Member access only

A federal appeals court ruled that it was barred by the first amendment guaranty of religious freedom from resolving a claim that a church had engaged in unlawful sex discrimination.

Confidential and Privileged Communications - Part 2 Member access only

A Massachusetts court ruled that the clergy-penitent privilege did not apply to a statement made by a murder suspect to the director of a Christian rehabilitation center.

Employment Practices - Part 2 Member access only

A Washington court ruled that a school was not liable on the basis of "negligent misrepresentation" for not disclosing in letters of recommendation that a former employee had been reprimanded for inappropriate behavior.

Sexual Misconduct by Clergy and Church Workers - Part 3 Member access only

A California court ruled that a pastor and his employing church could be liable on the basis of his sexual seduction of a female member of his congregation.

Sexual Misconduct by Clergy and Church Workers - Part 4 Member access only

The Florida Supreme Court ruled that it was barred from resolving a woman's lawsuit claiming that she had been the victim of a priest's sexual misconduct.

Sexual Misconduct by Clergy and Church Workers - Part 5 Member access only

A federal court in Kansas ruled that a school was not liable for a teacher’s sexual molestation of a child.

Workers Compensation - Part 2 Member access only

A Washington appeals court ruled that a church could recover its attorneys fees from an employee who filed a frivolous lawsuit against it.

Personal Injuries on Church Property and During Church Activities - Part 2 Member access only

A New York court ruled that a school was not liable for an injury to a child who was walking home from school.

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Best Practices for Technology Usage

Best Practices for Technology Usage Member access only

Establish policies and best practices to govern the use of technology for church staff.
Liability & Church and State Issues: Volume 4 of Pastor, Church & Law

Liability & Church and State Issues: Volume 4 of Pastor, Church & Law Member access only

Learn which local, state, and federal laws apply to religious organizations.