Church Law & Tax Report

A Minnesota court recognizes an important principle.

Most church property disputes are resolved on the basis of neutral principles of law contained in deeds, local church charters and bylaws, and denominational bylaws.

A woman's right to be protected from abuse, harassment, and stalking outweighed her husband's perceived constitutional right to attend the church of his choice.

The civil courts have consistently ruled that the First Amendment prevents the civil courts from applying civil rights laws to the relationship between a church and a minister.

A federal district court in Georgia ruled that it was barred by the "ministerial exception" from resolving a dismissed minister's claim that his dismissal was a result of unlawful racial discrimination.

The Copyright Act's religious services exemption does not apply to radio broadcasts of worship services.

A federal district court in South Carolina ruled that only employers with at least 15 employees are subject to the nondiscrimination provisions of Title VII of the Civil Rights Act of 1964.

Federal courts will not resolve Title VII discrimination claims unless the aggrieved employee files a claim of discrimination with the EEOC within 180 days of the last discriminatory act.

A former church employee's job and duties did not trigger the ministerial exception, and a resolution of her wrongful discharge claim did not require the court to delve into religious doctrine.

State laws prohibiting state employees from making charitable contributions through payroll deduction to religious organizations violates the First Amendment.

A Michigan court ruled that a church was not liable for injuries a woman sustained since it was an open and obvious hazard that should have been recognized.

A Louisiana court ruled that a $55,000 jury verdict in favor of an elderly woman who fell and broke her hip as a result of a defective floor mat was not unreasonably low.

The clergy-penitent privilege may be lost if a counselee seeks out a minister for spiritual counsel in the presence of one or more third persons.

Not every conversation between clergy and denominational officials is protected by the clergy-penitent privilege.

A Military court ruled that a confession made by a soldier to his pastor was protected by the clergy-penitent privilege despite the presence of the soldier's wife during some of the counseling.

Church-operated after school programs may be subject to licensing requirements imposed by state law.

A church may exercise reasonable care in selecting ministers or other church workers but still be responsible for their misconduct.

Ministers who engage in sexual contact with church employees or church members expose their church to potentially substantial liability.

A New Jersey court denied workers compensation benefits to an employee of a church-operated charity on the ground that she left her job voluntarily without good cause.

The Vermont Supreme Court rejected an attempt by neighboring landowners to halt the construction of a cell phone tower on church property.