Church Law & Tax Report
May/June 2012
Feature Article
12 Lessons from Penn State's Abuse Scandal 
Church leaders must set and follow policies—and keep watch.
Court: No Housing Allowances for Second Homes 
Ruling reverses controversial 'Driscoll' decision.
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Clergy Malpractice; Personal Injuries on Church Property or During Church Activities
Clergy Malpractice Claims 
Courts generally refuse to recognize these claims.
Charters, Constitutions, and Bylaws; Church Members
Court Intervention in Church Legal Disputes 
Courts will not resolve disputes that involve church doctrine.
Clergy - Removal; Employment Practices
Who Is Considered a Minister? 
Courts may use various tests to determine whether the ministerial exception applies to an individual.
Breach of Contract
Religious Discrimination 
Federal law does not prohibit religious discrimination in private contracts.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Can a Denomination Be Held Responsible for a Pastor's Sexual Misconduct? 
The answer hinges on whether the pastor is considered an employee of the denomination.
Q&A
Q&A: Must Both Parents Consent to a Dedication? 
A 2003 ruling offers some general insights but does not address situations involving young children and infants.