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    • Sexual abuse of a minor. Sexual abuse of a minor is a serious crime, but it also can result in civil liability if church leaders knew about the abuse and failed to take steps to stop it.
    • Property disputes. One of the most complicated property disputes for churches that own land is uncertainty about the land’s ownership. These disputes are particularly common when churches have operated on the land for a long period.
    • Personal injuries. A church or religious organization that controls, owns, or possesses a property (such as a church’s ownership or control of the building where it holds meetings) owes a duty to exercise reasonable care to prevent injury to visitors to the property.
    • Zoning Issues. The Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits zoning laws that discriminate against churches and other places of religious activities.
  1. Church of Lukumi Babalu Aye, 508 U.S. at 531–32. For example, in McDaniel v. Paty, the Court struck down a Tennessee law barring ministers from serving as delegates to a state constitutional convention. 4 Footnote 435 U.S. 618, 629 (1978) (plurality opinion).

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  3. Smith held that laws burdening religion generally will not violate the Free Exercise Clause if they are neutral and generally applicable,2 Footnote Emp’t Div., Dep’t of Human Res. of Or. v. Smith, 494 U.S. 872, 879 (1990). a law that imposes special burdens on religious activities may not be considered neutral and generally applicable and ...

  4. SUBJECT: Federal Law Protections for Religious Liberty. The President has instructed me to issue guidance interpreting religious liberty protections in federal law, as appropriate. Exec. Order No. 13798 § 4, 82 Fed. Reg. 21675 (May 4, 2017). Consistent with that instruction, I am issuing this memorandum and appendix to guide all administrative ...

  5. The Court rejected the State of Missouri’s argument that withholding funds did not prohibit the church from engaging in any religious conduct or otherwise exercising its religious rights.10 Footnote Trinity Lutheran, slip op. 10 Relying on McDaniel, Chief Justice John Roberts concluded that because the Free Exercise Clause protects against ...

  6. Jun 19, 2019 · The Church Law Center of California provides experienced legal counsel to churches and other nonprofits on matters of governance and risk management. We can help your church understand the legal framework in which it operates so it can make better decisions about how to balance religious and secular concerns. We can be reached at (949) 892-1221 ...

  7. Apr 8, 2013 · The handling of clergy sexual abuse cases under Catholic canon law, for example, has come under scrutiny. 2 Internal church proceedings aimed at disciplining Protestant clergy have generated news coverage because they have highlighted debates over same-sex marriage and openly gay ministers. 3 There also have been public protests against ...

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