Lesson 22. The Minister and the Law

A. Church and State (U.S. Constitution)
1. Establishment of religion: government cannot promote or sponsor
2. Freedom of religion
a. Absolute freedom of belief, but there can be restraints on action
b. Right to share religious beliefs and conduct religious activities in public
c. Reasonable regulations, but must treat all groups equally

B. Privileges
Exemption from military training & jury duty, marriage ceremonies, privileged communications

C. Liabilities
1. Two most important steps: incorporate and maintain adequate liability insurance
2. Negligence and premises liability
a. Negligence of employees, including volunteers
b. Negligent hiring
c. Negligent supervision
d. Premises liability
3. Defamation and invasion of privacy
4. Child abuse
5. Contracts
6. Other areas of liability: undue influence, malpractice, diversion of church funds

D. Church Organization
1. Form of government: congregational with exceptions
2. Affiliation: recommended to maintain fellowship and doctrinal identity
3. Incorporation: recommended to limit liability
4. Constitution and bylaws
5. Keeping records: minutes, resolutions, accounting books, current membership roll
6. Authority of officers: cannot assume; must be specified

E. Governmental Regulation of Churches
1. Labor laws
2. Securities laws
3. Copyright laws
4. Zoning, building codes, and nuisances
5. Regulation of private schools and day cares

F. Churches and Tax Law
1. Federal taxes
a. Reasonable compensation
b. Unrelated business income
c. Charitable contributions
d. Payroll

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