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Short-Term Mission Trip Insurance — Who Needs It?

If your ministry is planning a short-term mission trip, such as a spring break construction project, the insurance issues can be confusing. Does everyone have health insurance? Will it cover health issues that occur overseas? Will it cover emergencies like medical evacuation? Do people have auto insurance? Will that cover them overseas if they are driving? What if they are passengers?

Defending America's Essence: Did Government Violate Muslim Prisoners Rights?

A group of eight Muslim men detained in the aftermath of 9/11 filed claims against a number of government officials in a case called Turkmen v. Ashcroft, including then-Attorney General John Ashcroft from the Department of Justice (DOJ), the Director of the FBI, the Commissioner of the Immigration and Naturalization Service (INS), and personnel at the detention center where they were held. Ultimately, the Muslim men were charged with immigration violations, but not terrorism.

Must Education Be Faith Free

one room school houseMust public education be free from all religion? Should parents who want Biblical education pay twice but - once, through taxes for public school, and again for a private school with their values? The Freedom From Religion Foundation staged another attack on a school released-time policy. The FFRF insists that the plan is “granting special treatment to attend select evangelical Christian education courses,” and that violates the Constitution.

Do I Have to Work on Sundays?

Some jobs require a person to work on the Sabbath. Does the law require you to work on your Sabbath, or does your employer have to accommodate your religious beliefs and let you go to church (or mosque or synagogue or temple)? As attorneys love to say, that depends. Two recent cases in late 2012 give some idea of how employers’ and employees’ rights are balanced in the context of time off for worship. Both cases are based on Title VII, which prohibits employers from discriminating based on religion (and includes all aspects of religious observance and practice)—unless the employer can demonstrate that it cannot reasonably accommodate the religious observance without undue hardship.

Washington Rejects Clergy Negligent Supervision/Retention Claims in Church Quarrel

A woman elder, a church employee, vehemently disagreed with her senior pastor’s position on a particular issue. She insisted on pushing her position until the Session finally fired her. Then she sued the church. But the Court agreed with the church that the government has no business telling the church how to manage its leadership.

Here is the Steeple--But Whose Steeple?

Here is the church
And here is the steeple.
But does it belong
To the group or the people?

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 property, deep constitutional issues apply that may trump regular property law.

Child Sexual Abuse Prevention, Policies, and Training for Ministries: Two Effective Approaches

Preventing child abuse, particularly child sexual abuse, should be a top concern for churches and ministries, given the tragic effects on children and the ethical and moral responsibility of an organization that works with children to care for those children. The most important reason to address these issues is that abuse can wreck children’s lives and cause effects going on into adulthood. Children, spouses, and families of victims also suffer. In addition, the impact of the child sexual abuse scandal on Catholic and other churches shows that an organization’s life can be nasty, brutish and short when it is hit by major litigation.

The Court Prevents a Former Minister from Suing his Church for Defamation

Defamation claims against religious organizations are more common than you would think. It’s almost impossible to challenge who a religious organization selects as a minister or how it disciplines that minister. So these claims focus on the idea that what was said about the minister is defamatory—something that is not directly controlled by constitutional law. Here is a recent example of a case that ultimately had an indirect constitutional defense. 

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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