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
A Match Made in Heaven: Green Energy/Sustainability and Religion (10/23/2012 )
Insights from the Aurora Shooting (10/23/2012 )
Church v. State: The Historic Lawsuits Over the HHS Abortifacient/Contraceptive Mandate (10/23/2012 )
"Hosanna": The Supreme Court Strongly Praises the Constitutional Right to Select Ministers (10/23/2012 )
Governor's Colorado Day of Prayer Proclamations Deemed Unconstitutional (10/23/2012 )
RJ&L Ministry Client in the Spotlight: Family Man's Encore (10/23/2012 )
Hosanna-Tabor Applied (10/23/2012 )
Landmark U.S. Supreme Court 9-0 Decision (01/20/2012 )
Key Issues for Churches and Ministries Active Internationally (09/28/2011 )
Nonprofit Waivers Just Got More Complicated and Less Effective (09/28/2011 )
Colorado Protects Nonprofits and Volunteers from Liability (09/28/2011 )
Religious Employer Exemption under the Federal Mandate for All Health Plans (09/28/2011 )
Choice Scholarships – in Douglas County, Colorado and Indiana (09/28/2011 )
HR Question and Answer Corner (09/28/2011 )
Are Protestant Ministries a New Market? Lessons Learned from the Catholic Sexual Abuse Scandal (06/14/2011 )
How the Changing Complexion of the Supreme Court May Affect Religious Liberty Law (10/30/2009 )
Solar Panels and Cell Phone Towers in the Belfry (10/30/2009 )
Supreme Court Watch: Religious Symbol Decision Upcoming (10/30/2009 )
Church Affiliates and Their Use: Self-Help for Managing the Campaign Prohibition (10/30/2009 )
Church Security: Concealed Weapons and Cowboys (10/30/2009 )
Schism & Secession: Four Churches, Four Disputes, Four Legal Strategies (10/30/2009 )
MarciWorld (02/05/2009 )
Pastor Rick Warren And The Tax Law (10/10/2008 )
Pastor's Lawsuit Against His Former Church Rejected on First Amendment Grounds (10/10/2008 )
Charitable Choice and the 2008 Presidential Campaign (10/10/2008 )
Tenth Circuit Holds Colorado's Financial Aid Program Unconstitutional (10/10/2008 )
Churches And Candidates: The Time Has Come For A Better Rule (10/10/2008 )
EVENTS & SPEAKING ENGAGEMENTS
Civil Unions in Colorado - What It Means for Your Ministry or Church (06/27/2013 )
You are invited: Lunch Seminar with Ken Sande of Peacemaker Ministries (06/07/2012 )
RJ&L Colorado Springs Lunch with Lawyers - Tax Implications of Stipends and Housing Allowances, October 13, 2011 (10/13/2011 )
RJ&L Religious Institutions Law Day - September 27, 2011 (09/27/2011 )
RJ&L Colorado Springs Lunch with Lawyers - Medical Privacy: Rumor and Reality, September 20, 2011 (09/20/2011 )
RJ&L Colorado Springs Lunch with Lawyers - Service on Church Boards: What are the Fiduciary Obligations? August 16, 2011 (08/16/2011 )
RJ&L Colorado Springs Lunch with Lawyers - Social Networking and Religious Organizations: Opportunities and Pitfalls, May 25, 2011 (05/25/2011 )
Staffing Ministries with Fellow Believers: Lessons and Mischief from the recent World Vision Decision - October 18, 2010 (10/18/2010 )
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 )
NEWS
RJ&L Attorneys Jaclyn K. Casey and E. Martín Enriquez Selected for Denver Business Journal's "Forty Under 40" Award (03/07/2013)
L. Martin Nussbaum Named Consultant To U.S. Bishops' Committee On Religious Liberty (12/20/2011)
NEWSLETTERS
The First Freedom, Fall 2012 Newsletter (10/23/2012 )
The First Freedom, Fall 2011 Newsletter (09/28/2011 )
The First Freedom, Fall 2009 (10/30/2009 )
The First Freedom, Fall 2008 (10/10/2008 )
The First Freedom, Spring 2008 (03/17/2008 )
Faithful Practice - Colorado Super Lawyers 2011 Article