Jump directly to the content

Pastor, Church & Law

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


Volume 4 . Chapter 13 . § 13-02.4

The following rules summarize the current interpretation of the First Amendment guaranty of religious freedom, in light of the most recent Supreme Court decisions and other relevant precedent.

RULE #1. It will be difficult for religious organizations to challenge neutral laws of general applicability that burden religious practices or beliefs, because such laws are presumably valid whether or not supported by a compelling government interest.

Rule #1 is based on the Supreme Court's decisions in the Smith and City of Boerne cases. RFRA's attempt to establish a "compelling government interest" requirement in order to justify governmental infringements upon religion was declared unconstitutional by the Court in the City of Boerne ruling.

RULE #2. ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content 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."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.



Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Avoiding Church Lawsuits

Avoiding Church Lawsuits Member access only

Create proactive procedures to avoid common reasons why churches most often go to court.
Creating a Disaster Preparation and Response Plan

Creating a Disaster Preparation and Response Plan Member access only

Learn the steps you can take now so you are ready to respond if a crisis unfolds.