Church Law & Tax Report

It is important for police chaplains to clearly understand when they are required to provide Miranda warnings.

An adult male who exhibited bizarre behavior in his church and community could not be involuntarily committed to a psychiatric hospital since he was not a danger to himself.

A New York court ruled that a parent denomination held title to the property of a local church that voted to disaffiliate from the denomination.

Most state nonprofit corporation laws give members a legal right to inspect corporate records for a "proper purpose."

In many states, the presence of third persons during a conversation with a minister will prevent the conversation from being privileged.

Ministers can be compelled to testify regarding their "observations" or general impressions of a counselee's demeanor.

Some federal employment laws apply only to employers having a specified number of employees.

A federal court in Washington ruled that the "ministerial exception" prevented it from resolving several claims against a religious organization.

A federal court in South Carolina ordered a public school district to continue allowing a church to rent a school building for weekly worship services.

The courts will not resolve disputes regarding a church's spiritual or ecclesiastical affairs.

Release forms should not be relied upon, and certainly should not be viewed as a substitute for sound risk management.

A federal court in New York ruled that a local church and denominational agency could be sued for the sexual harassment of a church employee by two pastors.

Church leaders should never ignore "warning signs" that a staff member (employee or volunteer) has a propensity to engage in a particular kind of harmful conduct.

A federal court in Nebraska ruled that two churches were not responsible on the basis of negligent hiring or supervision for a pastor's sexual molestation of his minor daughter.

Any decision to allow a known sex offender to attend church, even with conditions, should not be made without the assistance of legal counsel.

The decisions of trustees regarding the distribution of trust income or principal ordinarily will be upheld by the courts.