Timely Topics -
Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more
Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
6/6/2013
/ Affordable Care Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Discrimination ,
Due Process ,
Establishment Clause ,
Public Accommodation ,
Public Schools ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Settlement ,
Subject Matter Jurisdiction ,
Vaccinations
Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with fewer than 50 full-time employees to determine whether they are a large...more
4/8/2013
/ Affordable Care Act ,
Closely Held Businesses ,
Collective Bargaining ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
Free Exercise Clause ,
Full-Time Employees ,
Healthcare ,
Part-Time Employees ,
Religious Institutions ,
TRO
In this Issue:
- Key Cases
- Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors
- Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more
3/21/2013
/ Affordable Care Act ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
IRS ,
Licenses ,
Local Ordinance ,
Permits ,
Religious Institutions ,
Religious Schools ,
Tax Exemptions ,
Unjust Enrichment
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
2/8/2013
/ Board of Education ,
Child Abuse ,
Closely Held Businesses ,
Contraceptive Coverage Mandate ,
Equal Protection ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Human Trafficking ,
Local Ordinance ,
Mandatory Reporting Laws ,
Parental Consent ,
Rehabilitation Act ,
Religious Institutions ,
RLUIPA
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. ยง2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more
1/4/2013
/ Boy Scouts ,
Churches ,
Contraceptive Coverage Mandate ,
Discrimination ,
Divorce ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
Permits ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Trademarks
On November 16, 2102, in Tyndale House Publishers, Inc. v. Sebelius, No. 12-1635 (D. D.C. Nov. 16, 2012), the U.S. District Court for the District of Columbia granted a preliminary injunction to a closely held, for-profit...more
Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more
In the 1990s, plaintiffs brought clergy malpractice and professional negligence claims against ministers, churches and denominations. The claims required allegations that a clergy member failed to exercise the standard of...more