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Nonprofit Law › Constitutional Law

Read Nonprofit Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Higher Education Oversight and Governance: Role of a College Board of Trustees

Theresa Lynn Sidebotham

How Far Does Clergy Confidentiality Go? Part 2

by Theresa Lynn Sidebotham on 5/6/2013

A federal district court reversed a magistrate judge's decision on whether a lay counselor's communications in a prison ministry were privileged. Under both the Kansas statute and common law, the judge found that the...more

Theresa Lynn Sidebotham

You Gave the Church Away?

by Theresa Lynn Sidebotham on 4/22/2013

Church property cases are tough for courts because they have to figure out a way to resolve the conflict without getting involved in evaluating theology or doctrine. In a small Baptist Church case with an unusual power...more

Venable LLP

The Impact Of The Supreme Court’s Recent Decision In Clapper v. Amnesty International USA On Privacy and Data-Security Litigation

by Edward Boyle, David Cinotti, Emilio W. Cividanes, Thomas Gilbertsen, Stuart P. Ingis, Joeann Walker | Venable LLP on 3/6/2013

On February 26, 2013, the Supreme Court decided Clapper v. Amnesty International USA, which clarified the standard to establish Article III standing for claims based on impending or future harm. The Supreme Court, in a 5-4...more

Theresa Lynn Sidebotham

What is RLUIPA Substantial Burden on a Church, Anyway?

by Theresa Lynn Sidebotham on 2/28/2013

When a governmental land use regulation imposes a substantial burden on churches, RLUIPA requires that the government show that it has a compelling interest and is meeting that interest in the least restrictive way. So...more

Ropes & Gray LLP

Proposed Regulations Released on Contraceptive Coverage Exemption and Accommodation for Nonprofit Religious Employers

by Ropes & Gray LLP on 2/18/2013

On January 30, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) released proposed regulations regarding contraceptive coverage for employees of religious employers. This guidance is the...more

K&L Gates LLP

How Secure is Your Pennsylvania Real Property Tax Exemption?

by Gwendolyn Kern, H. W. Turner, Kathleen Williams | K&L Gates LLP on 2/14/2013

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property...more

Mintz Levin - Health Law

Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate

by Joshua Booth | Mintz Levin - Health Law on 2/8/2013

Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of...more

Holland & Knight LLP

Religious Institutions Update: February 2013

by Nathan A. Adams IV, Laura Atherstone | Holland & Knight LLP on 2/8/2013

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

Davis Brown Law Firm

Health Care Reform Blog: HHS Releases Proposed Rules on Contraceptive Coverage for Religious Organizations

by Susan J. Freed | Davis Brown Law Firm on 2/4/2013

Today HHS released proposed rules outlining how religious organizations that object to contraception on religious grounds can comply with the Affordable Care Act’s requirement that non-grandfathered health plans cover...more

Venable LLP

Sales and Use Tax for Nonprofits: Updates & Expectations for 2013

by Walter R. Calvert, Tammara F. Langlieb, Jeffrey S. Tenenbaum | Venable LLP on 1/8/2013

In this presentation: - Internet Selling - Internet Buying - Nexus - Sales and Use Tax Audits - Conference Hosting Please see full presentation below for more information....more

Holland & Knight LLP

Religious Institutions Update: December 2012

by Holland & Knight LLP on 12/6/2012

Although the most significant changes for large employers are still to come, implementation of the Patent Protection and Affordable Care Act (ACA) (Public Law 111-148) is in full swing. Already, employers must offer nursing...more

Holland & Knight LLP

Religious Institutions Update: November 2012

by Holland & Knight LLP on 11/2/2012

Nearly everyone uses social media these days, from Facebook and LinkedIn to YouTube and Twitter. Employers have learned that social media can be a valuable recruiting device, enabling them to identify candidates with the...more

Theresa Lynn Sidebotham

Washington Rejects Clergy Negligent Supervision/Retention Claims in Church Quarrel

by Theresa Lynn Sidebotham on 11/2/2012

The Supreme Court of Washington recently limited negligent supervision and negligent retention claims against churches, based on the First Amendment and deference to religious tribunals. Title VII claims may also be limited,...more

Theresa Lynn Sidebotham

Good News in the Schoolhouse

by Theresa Lynn Sidebotham on 10/27/2012

In Child Evangelism Fellowship v. Minneapolis Special School Dist. No. 1, the Eighth Circuit recently provided guidance on how religious community organizations may partner with school districts and on the interaction between...more

Theresa Lynn Sidebotham

Here is the Steeple--But Whose Steeple?

by Theresa Lynn Sidebotham on 10/15/2012

Church property disputes are painful and usually contentious. Usually, though not always, they begin when a congregation wants to leave the denomination, often over doctrinal fidelity. Because it is a dispute over church...more

Theresa Lynn Sidebotham

Monitoring Spiritual and Mental Health for Religious Workers Without Violating the ADA

by Theresa Lynn Sidebotham on 10/4/2012

Religious organizations may have particular spiritual and safety concerns around mental health issues for their workers. A recent holding that requiring employees to get mental health counseling is likely a violation of the...more

McNees Wallace & Nurick LLC

Act 55 Charitable Exemption Standards Undermined Further

by McNees Wallace & Nurick LLC on 9/25/2012

The usefulness of the objective Charitable Exemption Standards set out in Act 55 of 1997, the Purely Public Charity Act, seems to have been further undermined by a recent Commonwealth Court decision. As discussed in our May...more

Holland & Knight LLP

Religious Institutions: September 2012 Update

by Nathan A. Adams IV | Holland & Knight LLP on 9/7/2012

A corporation is an artificial or fictional person, ordinarily distinct from both its individual members or shareholders and its subsidiaries and affiliates, even when owned by just one person. A key reason many organizations...more

Theresa Lynn Sidebotham

Released-Time Offers Fresh Choices in Religious Education

by Theresa Lynn Sidebotham on 8/27/2012

An important development in the Fourth Circuit may make it easier for public school students to obtain religious education through a released-time program by allowing for transfer of credits under certain well-defined...more

Theresa Lynn Sidebotham

Reprise of the Hosanna-Tabor Facts and Principles

by Theresa Lynn Sidebotham on 8/22/2012

A recent case is an eerie factual copycat of the recent U.S. Supreme Court decision in Hosanna-Tabor v. EEOC, an employment law case in a church and school that applied the constitutional ministerial exception doctrine....more

Theresa Lynn Sidebotham

Destroying Religious Freedom for Everyone

by Theresa Lynn Sidebotham on 8/8/2012

Using the law to attack or try to limit others who believe differently creates dangerous precedents. Religious liberties should be preserved for everyone, not limited to particular groups....more

Steven Getman

New law to help low-income defendants make bail: charities may now post misdemeanor bonds

by Steven Getman on 7/18/2012

Attorney Steven Getman reports that New York State enacted legislation today (July 18, 2012) that allows the creation of charitable organizations which could post up to $2,000 in bail for low-income defendants charged with...more

Kaiser Legal Group

Cases Seek "Legal Personhood" for Animals

by Kaiser Legal Group on 7/3/2012

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. http://cleblog.nbi-sems.com/2012/07/legal-personhood-for-animals/ ...more

Ropes & Gray LLP

IRS Releases Proposed Regulations on Requirements for Tax-Exempt Hospitals

by Ropes & Gray LLP on 6/26/2012

On June 22, only days before the Supreme Court is expected to rule on the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), the Treasury Department released proposed regulations under Internal...more

Kronick, Moskovitz, Tiedemann & Girard

Court Of Appeal Rejects County Assessor’s Method Of Valuing Mobilehome Spaces

by Kronick, Moskovitz, Tiedemann & Girard on 5/30/2012

A county assessor erred when it valued the mobilehome spaces in a mobilehome park, underlying a mobilehome, by subtracting the value of the mobilehome from the purchase price of the mobilehome, as established by a valuation...more

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