Church Law & Tax Report
September/October 2011
Articles with a
are available only to members.
are available only to members.
Feature Article
Securing Cribs in Your Church's Nursery
New regulations will affect most churches soon—here's what you need to know.
Articles
Are Group Exemption Rulings Threatened?
Debunking false claims about tax exemptions for thousands of churches.
Performing Copyrighted Programs at Church
Be prepared to pay to play—unless an exemption applies
Housing Allowance Challenge Dismissed
Plaintiffs voluntarily dismissed their challenge
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Clergy - Removal
Court Resolves Lawsuit Addressing Pastor's Financial Mismanagement
First Amendment doesn't prevent court from resolving lawsuit brought forth by former board members.
Confidential and Privileged Communications
Conversations Shouldn't Have Been Used for Prosecution
Man's confession of child abuse to pastor shouldn't have been used as evidence in court, under clergy-penitent privilege.
Confidential and Privileged Communications
Clergy-Penitent Privilege Doesn't Apply in Molestation Case
Pastor's account stands because statements made by member weren't confidential; privilege had been waived.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Jurisdiction Over Hiring Claims Different vs. Supervision Claims
First Amendment prevents court from resolving negligent hiring claim but not negligent supervision claim.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Church Not Liable for Molestation
Court ruled church not liable for molestation of minor student by teacher on basis of negligent hiring
Clergy - Selection
Religious Freedom Prevents Court from Resolving Pastor/Agency Dispute
Pastor's claim that a denominational agency acted unfairly in refusing to circulate his resume goes unresolved by court.
Personal Injuries on Church Property or During Church Activities
Woman Trips Over Parking Lot Speed Bump
Court dismisses woman's motion to sue church over injuries
Invasion of Privacy
Church Officials Violate of Freedom of Speech
Court rules that seeking identity anonymous blogger critiquing the church and forcing him out was unconstitutional.
Employment Practices
Associate Pastor Sues Church for Senior Pastor's Sexual Harassment
Employer is liable for supervisory employees' acts of harassment
Confidential and Privileged Communications
Clergy-Penitent Privilege Waived
Murder suspect lost privilege when he confessed murder to a law enforcement officer
Q&A
Q&A: Is it Legal to Perform an Out-of-State Wedding?
A legal checklist every pastor should use with ceremonies in other states.
