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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. 

Local Government and Legislative Prayer--Can They Pray or Not?

Two recent decisions on invocational prayer before local government Board meetings, filed in March of 2013, came out in opposite directions, but give some insight into the legal principles involved in determining whether Boards can properly sponsor a formal prayer before meetings. In Hudson v. Pittsylvania County, the federal district court for the Western District of Virginia issued an injunction against the prayers being offered. In Atheists of Florida v. City of Lakeland, the Eleventh Circuit found no constitutional violation. Different courts on different days, or consistent underlying principles?

You Gave the Church Away?

You hate to see a case with a caption like God’s Hope Builders, Inc. v. Mount Zion Baptist Church, since it seems unlikely the lawsuit is what God would have hoped for. The Georgia Court of Appeals, on March 28, 2013, remanded this case with orders to the trial court to figure out, if it legitimately could, who the church members actually were.

What is RLUIPA Substantial Burden on a Church, Anyway?

The Religious Land Use and Institutionalized Persons Act (RLUIPA) makes the government meet a very tough standard for a land use regulation that imposes a substantial burden on religious exercise, including for churches. Obviously an important initial question is whether the regulation does impose a substantial burden. A Fourth Circuit case issued January 31, 2013, Bethel World Outreach Ministries v. Montgomery County Council, develops the “substantial burden” standard in a way that may help other churches facing zoning issues.

Privacy Law- How it Affects Your Organisation

Privacy law in Europe (also known as data protection law) became an important issue for organisations both in and outside Europe in about 2000 when tough rules around use of ‘data’ were introduced. The need for the law was attributed to the explosion in generation and use of data as a result of the advancement of the electronic age.

Legal Concerns Across Multiple Jurisdictions

Sometimes an organization may be in a situation where the laws of more than one jurisdiction may apply or do apply. Cross-border issues are complex, and sometimes the law of different jurisdictions creates contradictions. Questions may arise in the following areas as well as others.

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