Church Law & Tax Report

January/February 2004
Articles with a Member Access Only are available only to members.

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Articles

Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar

Clergy—Removal Member access only

A federal appeals court ruled that a "press secretary" was barred by the "ministerial exception" from suing her church for employment discrimination.

Confidential and Privileged Communications Member access only

A Georgia court ruled that statements made by a criminal suspect to his father (an ordained minister) were not protected by the clergy-penitent privilege.

Officers, Directors, and Trustees - Part 1 Member access only

A Pennsylvania court ruled that the state nonprofit corporation law could not be used by disgruntled church members as a legal basis for the removal of the church's board.

Officers, Directors, and Trustees - Part 2 Member access only

A Georgia court ruled that it was not barred by the first amendment guaranty of religious freedom from resolving an internal church dispute involving compliance by the church's members with state nonprofit corporation law.

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

A federal appeals court ruled that a missions board was not liable for the death of a short-term missionary who was murdered while in Somalia.

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

A New York court ruled that a preschool could be liable on the basis of negligent supervision for injuries to a four-year-old child who fell down a flight of stairs.
California
Personal Injuries on Church Property or During Church Activities

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

A California court ruled that a church was not responsible on the basis of either "premises liability" or negligent supervision for injuries suffered by a volunteer worker.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 1 Member access only

A California court ruled that the first amendment guaranty of religious freedom prevented a woman from suing her church for the alleged sexual misconduct of its pastor.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 2 Member access only

A Minnesota court ruled that a church and denominational agency could not be liable on the basis of negligent hiring for the sexual misconduct of a pastor.

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Confronting Gun Violence at Church

Confronting Gun Violence at Church Member access only

Help your congregation feel secure in your house of worship.
Church Governance

Church Governance Member access only

What leaders must know to conduct legally sound church business.