Church Law & Tax Report
May/June 2007
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are available only to members.
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Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Clergy - Removal; Defamation
Lawsuits by Dismissed Clergy
A Texas court ruled that it was barred by the First Amendment from resolving a lawsuit brought against a church by a dismissed youth director.
Church Members; Defamation
Accusations of Defamation
Statements concerning the discipline of members cannot be defamatory unless made with malice.
Denominations - Legal Liability
Denominational Legal Responsibility for Local Churches
There are several legal defenses available to a denominational agency that is sued as a result of the acts or obligations of affiliated clergy and churches.
Breach of Contract; Contracts; Employment Practices
Enforced Moral Codes
Churches can impose scriptural or moral standards on their employees, and such efforts will be fully protected by the civil courts?o long as they do so fairly and uniformly.
Employment Practices; Schools
Age Discrimination Claims
Age discrimination requires proof that age was the basis for an adverse employment decision.
Denominations - Legal Liability; Fiduciary Duty; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Breach of Fiduciary Duty
Several courts have refused to hold churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister.
Q&A
Q&A: Does Providing Child Care for House Groups Expose the Church to Liability?
Potential risks for in-home small group gatherings.
Q&A: What's the Difference Between "Privileged" and "Confidential" Communication?
Two confusing legal concepts made clear.
Does a Child with ADHD Impose a Higher Duty of Care Upon Leaders?
Churches may need to increase supervision.
