Church Law & Tax Report

March/April 2004
Articles with a Member Access Only are available only to members.

Become a Member

Keep your church safe, legal, and financially sound.

When you become a member you get instant online access to help your church:

  • Reduce potential legal liability
  • Manage finances and risks
  • Comply with IRS requirements

Articles

Schools Member access only

A federal appeals court ruled that state employees violated the fourth amendment ban on unreasonable searches and seizures when they searched a church school's property.

Recent Developments

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

Arbitration Member access only

An Ohio court ruled that an employee was bound by a form she signed when hired agreeing to submit any employment-related dispute to binding arbitration.

Clergy—Removal - Part 1 Member access only

An Arkansas court ruled that a church congregation lawfully removed a pastor from office.

Clergy—Removal - Part 2 Member access only

A Florida court ruled that it was barred from resolving a lawsuit brought by a minister against his denomination claiming that it failed to follow its internal procedures in handling a sexual misconduct complaint brought against him.

Freedom of Religion Member access only

A federal appeals court ruled that a county seal bearing an outline of the Ten Commandments did not violate the nonestablishment of religion clause.

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

A federal court in Arizona ruled that the Volunteers Protection Act prevented individual board members of a charity from being personally liable for unpaid wages.

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

A Georgia court ruled that it was not barred by the first amendment from deciding whether church members acted in accordance with state nonprofit corporation law in removing the church board.
Michigan
Personal Injuries on Church Property or During Church Activities

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

A Michigan court ruled that a church was liable on the basis of negligent supervision for injuries sustained by a small boy.

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

A New York court ruled that the Boy Scouts could be liable for an assault on two young scouts by two older scouts during an overnight activity.

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

A federal court in Connecticut ruled that a woman who had been molested by a priest when she was a minor could sue her church.

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

A federal district court in New York ruled that various church agencies and officers could not be liable on the basis of negligence for the sexual molestation of an adolescent boy by a pastor.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 3 Member access only

A New York court ruled that a person was not disqualified from driving a school bus containing minors because of a 21-year-old rape conviction.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 4 Member access only

A New York court ruled that a church could not be liable on the basis of negligent supervision or negligent retention for the sexual misconduct of a minister.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 5 Member access only

A Minnesota court ruled that it was not prevented from resolving various claims against a church as a result of a pastor's sexual relationship with a female church member.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 6 Member access only

An Arizona appeals court refused to allow an adult who had been sexually molested as a child by his pastor to sue his church after the statute of limitations expired.

Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 7 Member access only

A New York court ruled that a school could not be liable on the basis of negligent supervision for a teacher's alleged molestation of a 6-year-old boy.

Taxation—Church Property Member access only

An Illinois court ruled that a church-owned home used primarily as a residence for a teacher in the church's school did not qualify for exemption from property taxation.

ChurchSalary

ChurchSalary

Let ChurchSalary do the work. Get personalized compensation reports for staff and pastors.

Church Board Guide to a Child Sexual Abuse Prevention Policy

Church Board Guide to a Child Sexual Abuse Prevention Policy Member access only

Church leaders and boards can take relatively simple, yet effective steps to reduce the likelihood of child sexual abuse.
Charitable Contributions Bulletin Inserts

Charitable Contributions Bulletin Inserts Member access only

Help your members give more by answering their charitable giving and tax law questions.