“Churches’ Bill of Rights” from Ind. Att’y Gen. & Lt. Gov.

On May 14, 2025, Indiana’s Attorney General Todd Rokita and its Lieutenant Governor Micah Beckwith jointly released a “Churches’ Bill of Rights: A Legal Guidebook.” The 30-page resource (available to download here) collects legal principles related to churches’ tax exemptions, speech protections, freedom to worship and live out religious principles, eligibility for government benefits, and governance. It also contains some guidance on public health and safety, some of which apply to religious individuals rather than churches. It explains Indiana and federal principles in a question-and-answer format. And it includes an appendix collecting Indiana and federal constitutional, statutory, and regulatory provisions.

This guidebook updates a letter Attorney General Rokita issued in 2024 ahead of that year’s election, which focused on tax exemption and advocacy. (Available here.)

The guidebook is a good resource for Indiana religious organizations as a starting point to understand their distinctive treatment under state and federal law. It is not a comprehensive collection of all legal principles that treat religious organizations or individuals distinctively, nor is it a replacement to professional legal or tax advice.

7th Cir.: Terminated Fraternity Member Cannot Bring Claim Based Merely on Improper Procedure

Earlier this week, the Seventh Circuit reminded us that Indiana courts do not interfere with a voluntary association’s internal affairs—like membership decisions—absent some showing of “fraud, other illegality, or abuse of civil or property rights.” It cited 𝘐𝘯𝘥𝘪𝘢𝘯𝘢 𝘏𝘪𝘨𝘩 𝘚𝘤𝘩𝘰𝘰𝘭 𝘈𝘵𝘩𝘭𝘦𝘵𝘪𝘤 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘪𝘰𝘯 𝘷. 𝘙𝘦𝘺𝘦𝘴 and affirmed the lower court’s dismissal in an unpublished order without oral argument.

The appeal involved a pro se plaintiff who sued his fraternity because it terminated his lifetime membership for allegedly arbitrary and personal reasons. As the court explained, “Misapplying the organization’s rules, however, is not in itself illegal or fraudulent.” Because it was “an internal matter,” it is “not subject to judicial intervention.”

Nothing new or exciting, but it reminds us of the broad leeway Indiana membership nonprofits—including religious organizations—have in policing their own procedures.

Read the order here.

Ind.: “Premises” Means Entire Parcel for State’s Church Liability Shield

Indiana statute protects worshipping communities from claims based on personal injuries sustained on their properties “used primarily for worship services.” The only duty owed to injured persons is to warn of hidden dangers of which it has actual knowledge and not to intentionally harm the person. So if someone gets hurt in a worship space, the religious organization very likely will have a quick exit from any lawsuit brought as a result. But what if the injury occurs elsewhere on property that also has a church building, like next to the parking lot? Is that still part of property used primarily for worship? The Indiana Supreme Court just unanimously answered “Yes.”

In Calvary Temple Church of Evansville, Inc. v. Kirsch, No. 24S-CT-378 (Ind. Feb. 11, 2025), a church leader volunteered to build a new structure next to the church parking lot to store the new church van. While working on a ladder, he fell and sustained injuries serious enough to require surgery. He sued.

When the church pointed to Indiana’s statute shielding churches from most injury claims, the injured volunteer responded that the church didn’t use the part of its land he fell on to worship, so that statutory shield didn’t apply.

The Vanderburgh Superior Court agreed and decided to allow the man’s claims to move forward. The church appealed, and the Indiana Court of Appeals affirmed. It applied the statute apply only to the portions of the property used pri­marily for worship services.

But the Supreme Court disagreed. It concluded premises as used in the statute has an “expansive meaning,” which describes the entire parcel of land where the church worships. In reaching this conclusion, the Court looked to dictionary definitions of premises. It also compared the General Assembly’s choice of words in a similar section’s language, which protects religious organization’s childcare programs from liability. But that section applies only to “part of a building.” That demonstrates the legislature has singled out part of a church building in a very similar statute—and in the very next section of the Indiana Code. The Court found compelling evidence that the statute at issue applied broadly.

Finally, the Court noted that here the church uses the entire parcel for worship purposes. It warned that where a church might use parts of its parcel for purposes other than worship, the statue might not necessarily apply: “How a church uses its premises determines whether the statute applies.” But it did not provide detail about possible circumstances that might fit that description.

The statute at issue here is Ind. Code § 34-31-7-2.

Tatum’s Ten Tips for More Efficient Meetings

We’ve all participated in meetings where the business drags on, or the group spends a disproportionate amount of time on procedures, or the discussion meanders through seemingly endless reports or alternative possible actions without clarity on the concrete action proposed. Some perceive one or more of these as systemic problems with parliamentary procedure. But in fact Robert’s Rules of Order Newly Revised and other parliamentary guides contain ways to streamline meetings without sacrificing basic principles of minority protections and deliberative procedure. Based on my experience with meetings good and bad, I’ve compiled some tips from both practical and parliamentary sources to get any group on the right track.

  1. Start on time.
  2. Identify the meeting’s goals and each agenda item’s goal ahead of time.
  3. Set time limits for each agenda item.
  4. Have all reports submitted in writing with enough advance time for board members to read them, and have any recommendations for action highlighted in the reports.
  5. Use unanimous consent for uncontroversial questions.
  6. Don’t vote on minutes. Ask for any changes. If there are none, the minutes are adopted by unanimous consent.
  7. When a report contains only information and not any recommendations for action, don’t vote on it.
  8. When a motion comes from a committee, don’t ask for a second. The committee is presumed to include at least two in favor of its consideration. (Also, in small boards—about a dozen or fewer—motions need not be seconded.)
  9. Clearly articulate any desired action, typically in the form of a motion, to focus discussion. Don’t wait until the end of discussion to make a motion.
  10. If you’ve finished all business contained in the agenda, don’t vote to adjourn. After giving everyone an opportunity to present additional business, just adjourn.

These tips apply from the smallest boards of three to large assemblies. But the degree to which they become flexible varies based on size, so the person presiding should intentionally strike a balance and communicate that approach to the group.

Ten Tips for More Efficient Meetings (LMG Podcast)

Read more: Ten Tips for More Efficient Meetings (LMG Podcast)
  1. Start on time.
  2. Identify the meeting’s goals and each agenda item’s goal ahead of time.
  3. Set time limits for each agenda item.
  4. Have all reports submitted in writing with enough advance time for board members to read them, and have any recommendations for action highlighted in the reports.
  5. Use unanimous consent for uncontroversial questions.
  6. Don’t vote on minutes. Ask for any changes. If there are none, the minutes are adopted by unanimous consent.
  7. When a report contains only information and not any recommendations for action, don’t vote on it.
  8. When a motion comes from a committee, don’t ask for a second. The committee is presumed to include at least two in favor of its consideration. (Also, in small boards—about a dozen or fewer—motions need not be seconded.)
  9. Clearly articulate any desired action, typically in the form of a motion, to focus discussion. Don’t wait until the end of discussion to make a motion.
  10. If you’ve finished all business contained in the agenda, don’t vote to adjourn. After giving everyone an opportunity to present additional business, just adjourn.

Check out this episode!

Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation

Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation. The cook had signed a “Statement of Affirmation and Agreement” that prohibited cohabitation with “members outside of marriage.” When the church informed her that it could not permit her to continue living with her boyfriend, she quit and later sued. The court affirmed an employment commission’s decision based on, among other reasons, its determination that the cook resigned, so the church did not take an adverse employment action against her. The Christian Post reports on the decision here. Read the per curiam decision from a three-judge panel here.

W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds

W. Dist. N.C.: Religious Pro-Life Demonstrators may proceed in challenge to COVID Order on religious, not free-speech grounds. The court granted a motion to dismiss Global Impact Ministries, Cities4Life, and Cities4Life’s president’ claims against Mecklenburg County, North Carolina, to the extent they were based on the First Amendment’s Free Speech clause. But it allowed the prochoice group to proceed in its challenge based on the Free Exercise clause, pointing to recent U.S. Supreme Court decisions and the government’s permitting secular activities during the relevant period. Religion Clause has more details here. Read the order here.