Church Law & Tax Report
November/December 2005
Articles with a
are available only to members.
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
Natural Disasters and the Tax Law
Some tax consequences of Hurricanes Katrina and Rita.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Child Abuse; Confidential and Privileged Communications
Child Abuse Reporting
A Texas court ruled that the clergy-penitent privilege did not prevent a minister from testifying against a church member in a child molestation prosecution.
Privacy
An Illinois court ruled that it was not barred by the First Amendment from resolving a pastor's "invasion of privacy" lawsuit.
Church Membership
A North Carolina court ruled that the civil courts are barred by the First Amendment from resolving cases involving the discipline of church members.
Church Property - Part 1
A city ordinance requiring a church to "tap in" to a city sewer line, at a substantial cost, did not violate the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) or the First Amendment.
Church Property - Part 2
A California court ruled that a disruptive church member’s legal rights were not violated by a court order banning her from church property.
Church Property - Part 3
A California court ruled that a trial court’s order prohibiting an abusive 84-year-old church member from entering church property was reasonable and valid.
Confidential and Privileged Communications
An Arizona court ruled that a woman's confession of a crime, communicated to a volunteer music minister at her church in an email, was not protected by the clergy-penitent privilege.
Employment Practices - Part 1
A former female chaplain at a Catholic University was barred by the so-called “ministerial exception” from suing the University for sex discrimination.
Employment Practices - Part 2
False information provided on an application for employment may constitute grounds for termination.
Defamation
A Florida court ruled that a pastor could sue two members of his church for defamation as a result of statements they made during a church business meeting.
