1 of 4
Law and Disorder
Why your church might end up before a judge and jury, and what you can do to prevent it.
1 of 4
Attorney Richard Hammar is one of the nation's foremost experts in legal and tax issues facing churches and clergy. With Christian Ministry Resources executive director James Cobble he edits Church Law and Tax Report, which summarizes legal developments affecting churches nationwide. They recently launched a subscription-based website (www.ChurchLawToday.com) that provides online seminars, newsletters, and an online legal and tax library. Timothy C. Morgan, CT's deputy managing editor, recently interviewed Hammar at the Christian Stewardship Association convention in Chicago. It seems that more than ever churches are suing or being sued in court. Why? Taking a dispute to court is now part of the American culture. Most church disputes involve insiders, usually because somebody's injured. There are preventive steps that churches can take to stay out of court. For example, a church's bylaws may compel, at least in a specified context, that disputes be mediated or arbitrated. The year 1992 was the peak year for civil litigation in America generally (suits not involving churches). It has declined almost 13 percent since then. But our research indicates that the number of churches that have been sued is up significantly over the last five years or so. Fifty churches in Chicago are suing the city over highly restrictive zoning. Are local zoning boards and other government leaders around the country biased against new church construction? Zoning commissioners have a lot of discretion. When you have a lot of discretion, your decisions can be affected by your own personal biases. So if you're a member of one particular religious group and you see some other religious group wanting to build a church, especially when you've got neighbors complaining, it is not difficult to see how you are going to vote against it. What should churches do to minimize biased decision-making at City Hall? Justice is available, but it's expensive. Many churches cannot afford it. Many times there are special permit procedures. You've got to go through a hearing and neighbors get their chance to complain. But at the end of the day, there's got to be a compelling reason to deny that type of new construction permit. If a church is well represented, the chances are good that it's going to prevail. What is the biggest worry that you hear about from pastors and lay leaders? Their biggest concern legally is some type of lawsuit that seeks astronomical damages. The greatest concern in general is sexual misconduct. The focus is on incidents of child molestation. Are church leaders confused about who is legally required to report an incident of child abuse? It's very important for church leaders to be familiar with the ever-changing state of child-abuse reporting laws and to understand four things: What is reportable child abuse in my state? Who are mandatory reporters of child abuse? Where do I report? Does clergy privilege excuse a minister from reporting? Just in the last year, many states have modified their statutes in light of the problems the Catholic Church has faced. |             |
share this page
