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Religious Freedom: We’re All Equal, But Some Are More Equal Than Others

protest speechI took my first foray into the legislative process this January, testifying at a committee hearing of the Colorado House in support of a bill that would have prohibited universities from denying benefits to any religious student group based on “the religious student group’s requirement that its leaders adhere to the group’s sincerely held religious beliefs or standards of conduct.” That’s it. The bill didn’t apply to visitors to the groups, or even regular members.

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Passing on the Pastor: Sexual Abuse and Public Statements About Ministerial Qualifications

passing the pastorIf a religious organization believes that a minister or other employee has engaged in inappropriate sexual behavior, what responsibility does it have to notify others? How does child sexual abuse change the rules for normal termination procedure? Those who become victims of that person insist it is the organization’s duty to share that information. Employees who have been terminated for such behavior say sharing such information is a breach of confidence amounting to defamation. 

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Reprise of the Hosanna-Tabor Facts and Principles

Although it doesn’t have much independent value as a precedent, 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 that applied the constitutional ministerial exception doctrine. Herzog v. St. Peter Lutheran, an August 2012 memorandum opinion out of the federal Northern District of Illinois, faithfully applies the Hosanna-Tabor principles to a similar set of facts.

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Only One Parsonage Tax Exemption Allowed

A minister may not claim more than one residence under the parsonage allowance exemption, based on the opinion in Comm'r of IRS v. Driscoll, issued February 8, 2012 by the Eleventh Circuit. For some time, debate has raged about this issue, both on statutory and fairness grounds, so this is an important decision.

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