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Church Law & Tax Report

November/December 2003
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Feature Article

Criminal Records Searches Subscriber access only

Supreme Court weighs in with 2 rulings.

Articles

Arbitration Subscriber access only

A federal court in Louisiana refused to overturn an arbitration award in an employment dispute between a church-operated school and a former employee.

Child Abuse Reporting Subscriber access only

Maryland's highest court ruled that the state child abuse reporting law included a school teacher after school hours who molested a minor while driving her home from school.

Church Business Meetings Subscriber access only

The Alabama Supreme Court ruled that a trial court acted properly in vacating a church election that was conducted in violation of the church's governing document.

Church Property Subscriber access only

A Michigan court ruled that a city failed to acquire title to church property because the transaction had not been approved by a parent denomination as required by the church's bylaws.

Clergy—Removal Subscriber access only

A District of Columbia appeals court ruled that the first amendment guaranty of religious freedom prevented it from resolving a dismissed pastor's lawsuit.

Counseling Subscriber access only

A Florida court dismissed criminal charges against a pastor for practicing psychology without a license.

Employment Practices - Part 1 Subscriber access only

A federal court in the District of Columbia ruled that a religious organization could not be sued by a former employee for religious discrimination, but it could be sued for national origin discrimination.

Employment Practices - Part 2 Subscriber 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.

Defamation - Part 1 Subscriber access only

A federal appeals court ruled that a camp director’s false statement that the state had filed a complaint of child abuse against a camp worker was defamatory.

Defamation - Part 2 Subscriber access only

The Massachusetts Supreme Judicial Court ruled that a pastor could sue his denomination for publishing a statement that he had been suspended from all pastoral duties because of "formal charges of sexual misconduct."

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

A Minnesota court ruled that a church was not responsible for injuries sustained by a worker while installing a church steeple.

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

A New York court ruled that a school was not responsible on the basis of negligent supervision for an injury to a child because no amount of supervision would have prevented the accident.

Personal Injuries on Church Property and During Church Activities - Part 3 Subscriber access only

The South Carolina Supreme Court ruled that "industry standards" for safe playground equipment could be used by a parent to prove that her child's school was negligent.

Personal Injuries on Church Property and During Church Activities - Part 4 Subscriber access only

A Washington state appeals court ruled that a school was liable on the basis of a state "product liability" law for the illnesses of several students who contracted e. coli poisoning.

Personal Injuries on Church Property and During Church Activities - Part 5 Subscriber access only

The Iowa Supreme Court ruled that a school could be sued by the father of a ninth-grade boy who had been sent home alone on a bus after being caught smoking

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

An Arizona court ruled that it was not barred from resolving a lawsuit brought by a female church member as a result of her pastor’s financial and sexual misconduct.

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

A Washington state court ruled that the first amendment guaranty of religious freedom prevented it from resolving a woman's claim that a religious organization was liable for injuries she suffered as a result of a sexual relationship initiated by her clergyman.

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

A Texas court ruled that a church and regional denominational agency were not liable for the sexual assault of a church secretary by a pastor.

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

A Minnesota court ruled that it was not prevented from resolving a man's claim that his church and a denominational agency were responsible for the negligent counseling of his pastor that led to the breakdown of his marriage.

Zoning Subscriber access only

A Connecticut appeals court ruled that a city zoning commission acted improperly in denying a church's application for a special use permit.

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Record Keeping

Record Keeping  Subscriber access only

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Church Issues: Waivers and Release Forms and Church Liability

Church Issues: Waivers and Release Forms and Church Liability Subscriber access only

What these documents do—and don't do—based on statutes and court decisions made nationwide.