Church Law & Tax Report
May/June 2019
Feature Article

Who Can Sign Church Documents? 
A court case in South Carolina offers insights and warnings for giving signatory authority.
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Pastor Sentenced to Prison for “Sexting” 
A New Jersey appeals court affirmed the prison sentence of a pastor who engaged in “sexting” and sexual contact with 14-year-old-girl.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Church Volunteer Given 35-Year Prison Sentence for Raping a Minor 
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.
Child Abuse Reporting; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Church School Could be Liable for Failure to Comply with State Child Abuse Reporting Law 
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.
Personal Injuries on Church Property or During Church Activities
Church Not Liable for Injuries Sustained by Teen at Youth Event 
Case demonstrates the difficulty of proving negligence claims for injuries caused by “open and obvious” hazards unless concealed by a distraction such as darkness.
Church Members; Defamation
First Amendment Bars Court from Resolving Dismissed Member’s Lawsuit 
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.”
Employment Practices
Church’s Director of Music Was a “Minister” for Purposes of the Ministerial Exception 
Court could not resolve director of music's discrimination lawsuit against the church following his demotion.
Employment Practices
Churches May Fire an Employee for Violating Moral Standards If Done Consistently 
The dismissal of an employee for violating a church’s moral teachings may expose a church to liability.
Defamation; Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Church Protected by “Qualified Privilege” from Defamation Claims by Minister 
Court concluded that there is an “absolute First Amendment protection for statements made by church members in an internal church disciplinary proceeding,”
Clergy - Discipline and Removal; Sexual Harassment
Court Barred from Settling Sexual Harassment Claim 
First Amendment prevents the civil courts from applying employment laws to the relationship between a church and a minister.
Clergy - Discipline and Removal
Court Can’t Resolve a Dismissed Minister’s Breach of Contract Claim 
The ministerial exception “bars the government from interfering with the decision of a religious group to fire one of its ministers.”
Employment Practices
Fired Teacher Prevented from Suing Religious School for Discrimination 
Church Property
Church Loses Land Title by “Adverse Possession” 
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.
Charitable Contributions
Donors Can Sue for Improper Use of Restricted Funds 
Contributions were not used as per their wishes, say donors.