Church Law & Tax Report
July/August 2009
Articles with a
are available only to members.
are available only to members.
Feature Article
Governing Well
What every church leader should know about bylaws.
Articles
Can Social Networking Get Us Sued?
How to safeguard your church staff's use of popular communication tools.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Church Membership - Discipline and Removal
The Guinn Case
Church Vans; Personal Injuries on Church Property or During Church Activities
Liability for Off-Campus Trips
Court rules school not liable for 15-passenger van fatality.
Church Records
When Can Members Inspect Church Records?
Know how to respond when a member of your church asks for access to your records.
Denominations - Legal Liability; Fiduciary Duty
Fiduciary Duty and Legal Liability
Breach of fiduciary duty is difficult to prove in court.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
YMCA Ordered to Pay "Future Mental Anguish Damages"
Organization held liable for negligent selection for a worker's molestation of a camper.
Clergy - Removal; Employment Practices
The Ministerial Exception and Racial Discrimination
Civil courts are prevented from applying employment laws to ministers.
Clergy - Removal; Employment Practices
Dismissing a Minister for Wrongdoing
Take care when terminating staff over moral conduct.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Employer Not Liable for Man's Rape of Coworker
Employers are only liable on the basis of negligent hiring if the worker's act was foreseeable.
Criminal Liability; Income Taxes - Clergy
Pastor Sentenced to Prison for Tax Fraud
Learn to properly identify and report taxable income.
Property Tax Exemption
To be exempt from taxation, property must be regularly used for church purposes.
Freedom of Religion; Marriage
Will Ministers Be Forced to Perform Same-Sex Marriages?
The Iowa Supreme Court legalized same-sex marriage, but does not require ministers to perform ceremonies.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Reporting Sexual Misconduct to Future Employers
Churches are not generally required to warn future employers of an individual's sexual misconduct.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Evidence of Subsequent Corrective Action
Evidence of remedial action taken after an event is generally not admissible in court.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Youth Pastor Jailed for Sexual Misconduct
Acts of sexual misconduct by clergy carry severe consequences.
Q&A
Q&A: Are Church Members Allowed to Insert "Write-in" Candidates?
Along with turning to your version of parliamentary procedure, you should consult two other legal resources.
