Religious Institutions

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:

Alternative Dispute Resolution

Amicus Advocacy

Appellate Advocacy

Child Abuse Reporting

Child Care Regulation

Child Placement Agencies

Compensation, fringe benefits and benefits plans

Construction

Consulting Services

Contracts

Corporations

Estate and Gift Planning

Federal Tax Issues

Financing

First Amendment

Handbooks and Policy Manuals

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