Commandments: Law and Religion Blog
The State of Minnesota filed criminal charges against the Archdiocese of St. Paul and Minneapolis. The charge was six counts of a gross misdemeanor criminal complaint, for putting children at risk in various ways. What lessons should organizations gather from this criminal complaint?
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?
Thomas Berg has written an interesting article suggesting that progressives should improve their commitment to religious liberty for traditionalists. Progressives understand, forinstance, that the recent HHS contraceptive mandate impinges on religious liberty. But, as they will tell you, they just don’t care when the issue is one that is important to them, such as access to reproductive choice or gay rights.
In June 2013, Crystal & Company, which is a large risk and insurance advisor, put out a “Survey of Nonprofit Risk Management.” The survey studied large nonprofits, with the smallest ones surveyed having revenues of $25 million to $50 million. For many nonprofits, that seems like a different world. Still, it highlighted some principles useful to all nonprofits.
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?
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.
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 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.
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.
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.