Freedom of Religion – Part 1

Church Law and Tax 1989-09-01 Recent Developments Freedom of Religion Richard R. Hammar, J.D., LL.M.,

Richard R. Hammar, Attorney, CPA

Bio

State: Arkansas
Categories: Schools

Church Law and Tax 1989-09-01 Recent Developments

Freedom of Religion

Richard R. Hammar, J.D., LL.M., CPA

• Two federal appeals courts addressed the issue of the right of Christian student groups to meet on public high school campuses for Bible study and prayer prior to the start of the school day. One court concluded that such groups have a legal right to meet on public school property, and the other court ruled that they do not. The United States Court of Appeals for the Eight Circuit (which includes the states of Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota) concluded that Christian student groups have a legal right to meet on a public high school campus for Bible study and prayer prior to the start of the school day. The group in question (comprised of students at a Nebraska public high school) had argued that their school’s refusal to allow them to meet on school property violated the constitutional guaranty of religious freedom and the federal “Equal Access Act.” The Equal Access Act prohibits public high schools from denying any group access to school facilities during “noninstructional” hours on account of the religious content of the group’s speech if the school has established a “limited open forum” by making the same facilities available to “one or more noncurriculum related student groups.” The Christian group argued that the school had created a limited open forum by permitting several “noncurriculum related groups” to meet on school property (including the chess club, a junior Rotary Club, and a scuba diving club), and accordingly the school could not deny the Christian group access to the same facilities during noninstructional hours. School officials argued that they had not created a limited open forum, since all of the clubs that met on school property were curriculum related. They pointed out that the chess club was related to logic (though no logic courses were taught at the school), the junior Rotary Club was related to sociology, and the scuba diving club was related to physical education. The federal appeals court rejected the school’s claim that the Equal Access Act did not apply since all of the student clubs were curriculum related: “Allowing such a broad interpretation of ‘curriculum-related’ would make the Equal Access Act meaningless. A school’s administration could simply declare that it maintains a closed forum and choose which student clubs it wanted to allow by tying the purposes of those student clubs to some broadly defined educational goal. At the same time the administration could arbitrarily deny access to school facilities to any unfavored student club on the basis of its speech content. This is exactly the result that Congress sought to prohibit by enacting the Equal Access Act. A public secondary school cannot simply declare that it maintains a closed forum and then discriminate against a particular student group on the basis of the content of the speech of that group.” The court concluded that “many of the student clubs [at the high school in question], including the chess club, are non-curriculum-related” and therefore the school had established a limited open forum and “the Equal Access Act forbids discrimination against [the Christian student group] on the basis of its religious content.” The court also rejected the school’s claim that the Equal Access Act violated the constitution. The court noted that the United States Supreme Court had ruled in 1981 that a public university could not deny a Christian student group access to university facilities that were available to other student groups. This ruling, concluded the appeals court, demonstrated the validity of the Equal Access Act. The court rejected the school’s argument that the Supreme Court’s ruling should be limited to university students on account of the greater impressionability and immaturity of high school students. It noted that “Congress considered the difference in the maturity level of secondary students and university students before passing the Equal Access Act. We accept Congress’ fact-finding.” The ruling is controlling in the eighth federal judicial circuit (which includes the states of Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota)—unless reversed or modified by the same court in a later decision, or by the United States Supreme Court. Mergens v. Board of Education of Westside Community Schools, 867 F.2d 1076 (8th Cir. 1989).

© Copyright 1989, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m47 c0589

Legal Developments

Court Ruled Elderly Widow Was Not the Victim of “Undue Influence” in Executing Her Will

Courts occasionally invalidate wills found to have been the result of "undue influence." While charities

Richard R. Hammar, Attorney, CPA

Bio

State: Minnesota
Categories: Wills, Trusts, and Estates

Courts occasionally invalidate wills found to have been the result of "undue influence." While charities ordinarily are the ones accused of exerting the undue influence in order to obtain testamentary gifts, they sometimes are themselves the victims of undue influence. Such was the case in a recent Minnesota lawsuit.

An elderly widow executed a will leaving most of her sizable estate to the Salvation Army and another church agency. Later, while in her mid-90's, she developed a relationship with a physician who showed a special interest in her. The two saw each other socially, and the widow viewed the relationship as romantic. The widow thereafter amended her will to leave her entire estate to a medical foundation.

Following her death, the church organizations objected to the admission of her will to probate, arguing that it was the result of undue influence by the physician. In rejecting this contention, the court observed that "undue influence must be shown by clear and convincing evidence. That evidence must go beyond suspicion and conjecture and must show that the influence was so dominant and controlling of the testator's mind that in making the will the testator ceased to act of his or her own free volition and became a mere puppet of the wielder of the influence."

The court pointed to six factors to be employed in determining whether or not undue influence has occurred: "(1) the opportunity to exercise an influence; (2) active participation in the preparation of the will by the party exercising the influence; (3) a confidential relationship between the will-maker and the party exercising the influence; (4) disinheritance of those who probably would have been remembered; (5) singularity of the will provisions; (6) exercise of influence or persuasion to make the will in question." Application of these factors, stated the court, could not result in a finding of undue influence. The widow was "an unusually alert, active and strong-willed person," and no evidence suggested that the physician was actively involved in the preparation of the new will. While there was no doubt that the widow had been influenced, there was insufficient proof that she had been unduly influenced. In re Estate of Overton, 417 N.W.2d 653 (Minn. App. 1988)

Legal Developments

Inaccurate Religious Claim not Subject to Fraud Charges

Church Law and Tax Report Inaccurate Religious Claim not Subject to Fraud Charges Richard R.

Richard R. Hammar, Attorney, CPA

Bio

State: Minnesota
Categories: Freedom of Religion

Church Law and Tax Report

Inaccurate Religious Claim not Subject to Fraud Charges

Richard R. Hammar

A federal district court in Minnesota threw out a lawsuit charging the Worldwide Church of God with fraud. The lawsuit alleged that the church taught that the world was coming to an end, and yet failed to act in accordance with this belief by recommending that persons take steps to prepare for the catastrophe. The court noted that the church teaches that “members must continue to live their lives normally and that deliverance to a place of safety would come only by supernatural means, not physical means.” This belief, concluded the court, is protected by the first amendment guaranty of religious freedom. Anderson v. Worldwide Church of God, 661 F. Supp. 1400 (D. Minn. 1987).

Church Law & Tax Report is published six times a year by Christianity Today International, 465 Gundersen Dr. Carol Stream, IL 60188. (800) 222-1840. © 1987 Christianity Today International. editor@churchlawandtax.com All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. “From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.” Annual subscription: $69. Subscription correspondence: Church Law & Tax Report, PO Box 37012, Boone, IA 50037-0012.