LMG Content – Page 8 – Law Meets Gospel

What to do when hiring a person with DACA status

One of the biggest postelection debates in Washington surrounds President Obama’s legal authority to grant of legal status to undocumented immigrants. The discussion is the latest chapter in a series of events that included the Obama administration issuing in 2012 what has become known as the Deferred Action for Childhood Arrivals (DACA). DACA gave legal status to certain undocumented immigrants who were under thirty-one on June 15, 2012. Although the current debate is about expanding a similar status to others, which President Obama seems set to announce, this post covers the basics of DACA for the purpose of churches and other religious organizations hiring someone with DACA status. Specifically, it addresses which tax and other forms organizations first hiring someone with DACA status to use. In other words, it answers the questions whether someone who falls under DACA qualifies as an Other U.S. person as defined by form W-9 and,
if so, whether that person would need to meet other requirements or fill out
other forms.

Continue reading “What to do when hiring a person with DACA status” →

Indiana Church of the Brethren district cannot take title to breakaway congregation

A local district of the Church of the Brethren could not assume the title of the property of a Northern-Indiana congregation that broke away from the Anabaptist denomination, according to an opinion from the Indiana Court of Appeals. The congregation had not incorporated suggested language in its deeds or in its governing documents necessary to give the church the authority to take over the congregation’s property in the event of a split. Continue reading “Indiana Church of the Brethren district cannot take title to breakaway congregation” →

Seventh Circuit holds challengers to parsonage exemption lack standing

The Seventh Circuit unanimously rejected a challenge to the parsonage exemption brought by the Freedom From Religion Foundation, concluding that the Wisconsin-based, nontheistic group lacked the legal ability to challenge the statutory exception granted to “minister[s] of the gospel.” Because the Seventh Circuit concluded the plaintiffs did not have standing, it did not reach the question of whether the parsonage exemption runs afoul of the First Amendment. The opinion reverses a decision of the U.S. District Court for the Western District of Wisconsin that held the provision unconstitutional as violating the Establishment Clause of the First Amendment. (You can listen to the very interesting oral argument here.*)

Continue reading “Seventh Circuit holds challengers to parsonage exemption lack standing” →

Make decisions in live meetings, which doesn’t mean in person

The modern age seems to have brought us two things: more meetings and more ways to meet. But what are the limits of how we can or should use technology to help us make decisions more efficiently? Deciding that means thinking about why we meet and what we give up when using technology to make decisions. The short answer is that teleconferences and Skype are acceptable means to make a decision, e-mail and chat rooms are not. And none of these is permitted unless your organization’s governing documents expressly allow for electronic meetings. Continue reading “Make decisions in live meetings, which doesn’t mean in person” →

Don’t vote on minutes—It’s a waste of time!

Every religious organization I’ve ever been a part of has meetings. And inevitably there are minutes for those meetings. And for some reason we feel like we should vote on them, which means we ask for a motion, and a second, and then the vote. It turns out that this not only feels like a waste of time, it is a waste of time. Continue reading “Don’t vote on minutes—It’s a waste of time!” →

What Hobby Lobby Says and What That Means for Religious Organizations

Today the United States Supreme Court held on a 5–4 vote that the Religious Freedom
Restoration Act (RFRA) prohibits the federal government from forcing a closely
held corporation to provide contraception to which the company’s owners object
based on their sincerely held religious beliefs. This will likely mean that the Obama administration will extend the accommodations made to religious nonprofits under the Affordable Care Act (A.C.A.) will also apply to closely held corporations that have religious objections to some or all types of contraception. While the decision did not involve religious organizations, they can take this decision as providing more room to use nontraditional structures for purposes churches don’t typically pursue. Continue reading “What Hobby Lobby Says and What That Means for Religious Organizations” →

U.S. Supreme Court Denies German Homeschoolers’ Appeal

This post is being published on both Law Meets Gospel and Indiana Education Law Blog.

The United States Supreme Court has rejected a petition filed by a German family seeking asylum based on what they characterize as religious persecution in their home country. The Romeike family began homeschooling their children because they feared the public school’s curriculum would influence their children in a way that contradicted their Christian values. This violated a 1938 compulsory-attendance law in Germany that the Romeikes argued was originally driven by animus toward faith-based homeschoolers. Continue reading “U.S. Supreme Court Denies German Homeschoolers’ Appeal” →

Indiana Supreme Court considering homeschoolers’ appeal

This post is being published on both Law Meets Gospel and Indiana Education Law Blog.

On February 3, the Indiana Supreme Court heard arguments in Fishers Adolescent Catholic Enrichment Society, Inc. v. Bridgewater. (See earlier coverage here and here.) The case involves an organization formed by homeschooling Roman Catholic parents. The group’s purposes include providing students with Catholic educational, spiritual, and social enrichment. The Court will decide whether the group’s decisions about accommodating a student’s dietary needs and later expelling her for filing a complaint fall within state antidiscrimination laws and First Amendment protections for religious organizations. Continue reading “Indiana Supreme Court considering homeschoolers’ appeal” →

Sotomayor Rings in New Year with Obamacare Stay: What Religious Groups Should Know

Justice Sonia Sotomayor made sure she was part of the number one story to start off
2014. In case anyone doubted leading New York City’s countdown to 2014 in Times
Square would put Sotomayor on the front page, a few hours before midnight she
temporarily blocked the federal government from requiring certain religiously
affiliated organizations to provide insurance coverage that includes birth
control. Continue reading “Sotomayor Rings in New Year with Obamacare Stay: What Religious Groups Should Know” →

How to Get Arrested for Marrying Same-Sex Couples

There has been a lot of hubbub going around news outlets, blogs, and social media about how Republicans have changed the law in Indiana (my beloved home state) to make it a crime for same-sex couples to apply for marriage licenses and “for clergy to conduct weddings for gay couples.” (Emphasis from Americablog.)

Nothing New Here

As several sources have pointed out (again, blog and news outlet alike), these accounts are off target. The laws are not new, and they do not explicitly target same-sex couples. The only thing that is new is the name Indiana gives to the category of crime committed. Continue reading “How to Get Arrested for Marrying Same-Sex Couples” →