Church Law & Tax Report
September/October 2004
Articles
Criminal Liability of Clergy for Sexual Misconduct with Adults - Part 2 
A New York court ruled that the national Boy Scouts organization, and a local church, were not responsible for the sexual molestation of several scouts.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Privacy 
A federal district court in New York ruled that a dismissed employee could not sue his former employer for invasion of privacy.
Church Business Meetings 
A Georgia court ruled that a trial court did not violate the first amendment guaranty of religious freedom when it intervened in a local church dispute
Church Property 
A Massachusetts court applied the "compulsory deference rule" in resolving a property dispute.
Clergy—Removal - Part 1 
A Maryland court ruled that it was barred by the First Amendment from resolving a pastor's breach of contract and defamation claims against church officials.
Clergy—Removal - Part 2 
A Florida court ruled that it was barred by the first amendment from resolving a pastor's claim his denomination violated its internal procedures.
Confidential and Privileged Communications 
An Indiana court ruled that a confession made by a criminal defendant to a police chaplain was not protected by the clergy-penitent privilege.
Copyright 
A federal court in New York ruled that a magazine publisher did not violate the rights of freelance authors and photographers.
Employment Practices - Part 1 
A Georgia court ruled that an employer and a screening company were not liable for damages allegedly suffered by an employee who was terminated.
Employment Practices - Part 2 
The Indiana Supreme Court ruled that employers can be liable for intentionally communicating false information in employee reference letters, but not for negligently communicating such information.
Employment Practices - Part 3 
A Pennsylvania court rejected a woman's claim that her employer's failure to conduct an adequate criminal background check on an employee who assaulted her made it liable on the basis of negligent hiring.
Insurance 
A California court ruled that an employer's loss of vital information when its computer "crashed" was not a loss covered under its insurance policy.
Defamation 
A Georgia court ruled that a pastor could not sue a church officer for defamation.
Marriage 
A Florida court ruled that a marriage between a female and a post-operative female-to-male transsexual person was void.
Retirement Plans 
A federal appeals court ruled that a pastor whose "rabbi trust" retirement fund was substantially lost could not sue the investment company.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers 
The Arkansas Supreme Court ruled that a company was not liable on the basis of negligent hiring or negligent supervision.
Taxation—Church Property 
A Pennsylvania court ruled that a church's fellowship hall that was used for weekly Bible study classes constituted "religious worship" and therefore was exempt from property taxes.
Zoning - Part 1 
A Michigan court ruled that a trial court acted improperly in dismissing a church's claim that a city violated RLUIPA.
Zoning - Part 2 
A Missouri court ruled that a city did not violate the first amendment guaranty of religious freedom in refusing to grant a church's request for a permit to construct a sign on its property.
Securities 
A federal appeals court ruled that federal sentencing guidelines did not apply to a pastor who defrauded hundreds of persons in a securities scam.
Default Judgments 
A Louisiana court refused to overturn a default judgment issued against a church that failed to answer a lawsuit.