Church Law & Tax Report
March/April 2004
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are available only to members.
are available only to members.
Articles
Schools
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
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
An Arkansas court ruled that a church congregation lawfully removed a pastor from office.
Clergy—Removal - Part 2
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
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
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
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.
Church Property; Personal Injuries on Church Property or During Church Activities
Personal Injuries on Church Property and During Church Activities - Part 1
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
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
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
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
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
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
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
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
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
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.
