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Church Law & Tax Report

May/June 2006
Articles with a Member Access Only are available only to members.

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Recent Developments

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

Church Property Member access only

A clause in a church deed limiting any future conveyance of the property to "Protestant evangelical churches" was not enforceable.

Employment Practices - Part 1 Member access only

A church that dismissed a 47-year-old teacher for remarrying without first obtaining an annulment of a prior marriage could not be sued for age discrimination.

Employment Practices - Part 2 Member access only

An employer's use of the Minnesota Multiphasic Personality Inventory (MMPI) test in making employment decisions violates the Americans with Disabilities Act.
Church Property; Personal Injuries on Church Property or During Church Activities

Personal Injuries on Church Property and During Church Activities Member access only

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

A Louisiana court ruled that the members of a school board could be personally liable for the sexual molestation of a 16-year-old girl that occurred on a school bus.

Workers Compensation Member access only

The Tennessee Supreme Court ruled that a person's entitlement to workers compensation benefits based on "total disability" was not affected by the receipt of wages for services performed as a music minister at his church.
Wills, Trusts, and Estates

Wills and Estates Member access only

An Indiana court addressed the important question of whether a designated gift to charity is legally enforceable.

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

New York's highest court ruled that a church and denominational agency were not liable for the sexual misconduct of a pastor.