Religious institutions regularly confront a variety of legal issues similar to other nonprofit organizations. Religious organizations face legal problems arising from their employees and their reliance on volunteers. Legal problems frequently arise from buying, selling, renting, exchanging, zoning, and developing property. Legal issues also regularly arise in conjunction with fund raising, borrowing money, and in determining tax obligations.
Religious organizations, however, are unique in several regards. They are called by faith to advance a religious mission. Their inspired callings result in unique polities and governance and, often, in values and practices that may be contrary to the dominant secular culture and the civil laws reflecting that culture. Religious institutions are called to serve the vulnerable and the broken which carries special liability risks. Pastors, rabbis, pastoral counselors, and others deal daily with highly confidential information involving their parishioners. Because churches, synagogues, and religious schools teach and preach particular beliefs and high ethical standards, departure from those teachings may give rise to scandal and more potent civil claims. In addition, the government routinely treats religious organizations differently from their secular counterparts by application of statutory exemptions, the First Amendment, state constitutional provisions, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, privilege statutes, and similar laws.
Attorneys in our Religious Institutions Group serve religious organizations with sensitivity to their distinctive characteristics and with knowledge and experience regarding their unique legal status. Our lawyers routinely advocate on behalf of religious entities in administrative settings and in state and federal trial and appellate courts from coast to coast. On matters of common interest, our attorneys frequently organize ecumenical coalitions to address legislative concerns and to prepare amicus briefs regarding cases of general concern pending in appellate courts. Our attorneys also consult with and advise general counsel serving a variety of religious institutions.
The Religious Institutions Group has worked to create the RJ&L Religious Liberty Archive which is now available at no cost on the Web at www.churchstatelaw.com. This website contains one of the largest libraries of original sources regarding religious liberty available on the Internet. The materials include the full texts and commentary for more than 230 U.S. Supreme Court opinions defining religious liberty in the United States, scores of historical materials important to the framing of the First Amendment, important federal statutes, treatises, regularly updated reports on current developments, and more.
Our Religious Institutions Group also publishes The First Freedom, a free report on legal issues affecting churches, denominations, religious schools, and parachurches. If you would like to receive The First Freedom, please contact us.
The Religious Institutions Group provides experienced legal representation in the following areas:
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- Human Resources
- Investigations
- Land Use, Zoning, and Permitting
- Litigation
- Lobbying
- Minister Misconduct
- Political Activities
- Real Property—Sales, Leases, Exchanges
- Releases
- Schools
- Sexual Misconduct Policies
- Tax Exemptions
- Tax-Exempt Financing
- Unrelated Business Income Tax
- Volunteer Liability
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ARTICLES AND ALERTS
Solar Panels and Cell Phone Towers in the Belfry (10/30/2009 )
Church Security: Concealed Weapons and Cowboys (10/30/2009 )
Schism & Secession: Four Churches, Four Disputes, Four Legal Strategies (10/30/2009 )
Church Affiliates and Their Use: Self-Help for Managing the Campaign Prohibition (10/30/2009 )
How the Changing Complexion of the Supreme Court May Affect Religious Liberty Law (10/30/2009 )
Supreme Court Watch: Religious Symbol Decision Upcoming (10/30/2009 )
"Looking After Orphans" at New Life Church (10/30/2009 )
MarciWorld (02/05/2009 )
Pastor’s Lawsuit Against His Former Church Rejected on First Amendment Grounds (10/10/2008 )
Tenth Circuit Holds Colorado’s Financial Aid Program Unconstitutional (10/10/2008 )
Charitable Choice and the 2008 Presidential Campaign (10/10/2008 )
Pastor Rick Warren And The Tax Law (10/10/2008 )
Churches And Candidates: The Time Has Come For A Better Rule (10/10/2008 )
Tenth Circuit to Decide Whether Colorado May Discriminate Among Religious Colleges (03/17/2008 )
Secessionist Congregation Disputes (03/17/2008 )
Fallen Pastors (03/17/2008 )
The Archdiocese of Denver Vindicates Religious Liberty (03/17/2008 )
The System Works: Court Rejects Suit Against Catholic Bishops Seeking National Disclosure of Priest (03/17/2008 )
New Amendments to Colorado Anti-Discrimination Act Impacts Churches (03/17/2008 )
United States Senate Reviews Ministry Finances (03/17/2008 )
Changing the Rules: Selective Justice for Catholic Institutions (05/15/2006 )
Supreme Court Identifies "Play in the Joints" When Government Funds Religion (06/01/2004 )
Pastoral Confidences Preserved by Lutheran Pastor (06/01/2004 )
Sixth Circuit Upholds Tax-Exempt Financing for Christian University (03/01/2003 )
ACLU Invades Mormon Church Grounds (12/01/2002 )
Child Abuse Reporting and Colorado Senate Bill 210 (09/01/2002 )
Tenth Circuit Issues Landmark Bryce Decision and Affirms Church Autonomy in Church-Minister Dispute (06/01/2002 )
Colorado Federal Court Affirms Doctrine of Church Autonomy by Dismissing Employment Suit (01/01/2001 )
The Public Communion Cup: An Historical Perspective
EVENTS & SPEAKING ENGAGEMENTS
RJ&L Webinar: Critical Issues: The Governance of Religious Organizations - December 3, 2009 (12/03/2009 )
RJ&L Religious Institutions Law Day - October 21, 2009 (10/21/2009 )
Denver - Free Law Bites: Religious Preschools: Regulations, Exemptions, Opportunity & Risk - October 16, 2009 (10/16/2009 )
RJ&L Colorado Springs - Free Law Bites: Donations from Wealth: Estate Plans Including the Church - October 1, 2009 (10/01/2009 )
RJ&L Colorado Springs - Free Law Bites: Special Rules for Religious Organizations in Zoning, Development, and Tax Exemption - September 25, 2009 (09/25/2009 )
RJ&L Denver - Free Law Bites: Special Rules for Religious Organizations in Zoning, Development, and Tax Exemption - September 9, 2009 (09/09/2009 )
RJ&L Webinar: Secessionist Congregations: Law, Preemptive Strategies, Effective Litigation - August 11, 2009 (08/11/2009 )
RJ&L Denver: Free Law Bites: Donations from Wealth: Estate Plans Including the Church - August 10, 2009 (08/10/2009 )
RJ&L Colorado Springs - Free Law Bites: Religious Preschools: Regulations, Exemptions, Opportunity and Risk - August 6, 2009 (08/06/2009 )
RJ&L Colorado Springs - Lunch with Lawyers: Problem Parishioners, May 21, 2009 (05/21/2009 )
NEWSLETTERS
First Freedom, Fall 2009 (10/30/2009 )
The First Freedom, Fall 2008 (10/10/2008 )
The First Freedom Spring 2008 (03/17/2008 )