Church Law & Tax Report

A New Jersey appeals court affirmed the prison sentence of a pastor who engaged in “sexting” and sexual contact with 14-year-old-girl.

Case illustrates the importance of adopting, and enforcing, a “two-adult rule” that prohibits church employees and volunteers from being alone with a single minor.

A church can be liable on the basis of negligence for an employee’s acts of child molestation if it was aware of prior acts of molestation but failed to report them to the agency designated by state law.

Case demonstrates the difficulty of proving negligence claims for injuries caused by “open and obvious” hazards unless concealed by a distraction such as darkness.

The ecclesiastical abstention doctrine prevents courts from reviewing disputes concerning “theological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required.”

Court could not resolve director of music's discrimination lawsuit against the church following his demotion.

The dismissal of an employee for violating a church’s moral teachings may expose a church to liability.

Court concluded that there is an “absolute First Amendment protection for statements made by church members in an internal church disciplinary proceeding,”

First Amendment prevents the civil courts from applying employment laws to the relationship between a church and a minister.

The ministerial exception “bars the government from interfering with the decision of a religious group to fire one of its ministers.”

A church lost title by adverse possession to a portion of its property that was openly and continuously used by a neighboring landowner for several years without objection.

Contributions were not used as per their wishes, say donors.