The Indiana Court of Appeals has held that Indiana’s Religious Freedom Restoration Act does not provide a conscientious exemption to paying taxes. The court reasoned that the state has a compelling interest in a uniform taxation system. The case is Tyms-Bey v. State, No. 49A05-1603-CR-439 (Ind. Ct. App. Jan. 13, 2017). Continue reading “Ind. Ct. App: Indiana RFRA doesn’t exempt taxpayers”
Tag: Indiana
Indiana church camp sues over neighboring dairy farm
In one of the first lawsuits filed under Indiana’s year-old Religious Freedom Restoration Act (Ind. Code §§ 34-13-9-1 to -11), the Hoosier Environmental Council filed a complaint (download here) on behalf of a children’s church camp in eastern Indiana. The complaint alleges that the Rush County Board of Zoning Appeals substantially burdened the House of Prayer Ministries’ exercise of religion by granting a special exception to local zoning ordinances allowing Milco Dairy to construct and operate a concentrated animal feeding operation, known as a CAFO. Continue reading “Indiana church camp sues over neighboring dairy farm”
How (and whether) to act without a board meeting
I’m a strong advocate for making all group decisions in live meetings, whether in person or by phone. This is a basic principle of parliamentary law, and it is even more important in the context of a religious organization that invites divine guidance through individual participants in decision-making. But some groups and some situations simply do not allow for that live meeting. What to do? Act by written consent. Continue reading “How (and whether) to act without a board meeting”
First Church of Cannabis receives I.R.S. approval
According to the Indianapolis Star, the First Church of Cannabis has received approval as a 501(c)(3) organization. This raises a few thoughts.
Continue reading “First Church of Cannabis receives I.R.S. approval”
7th Cir: Notre Dame must submit form to avoid paying for contraceptives
The Seventh Circuit Court of Appeals affirmed the denial of Notre Dame’s request for court-ordered exception to the contraception mandate under the Affordable Care Act. The case had returned from the Supreme Court after the high court decided Hobby Lobby v. Sebelius. Find the decision here.
Judge Richard Posner wrote the forty-page majority opinion, with Judge David Hamilton writing a concurrence. Judge Joel Flaum dissented. Continue reading “7th Cir: Notre Dame must submit form to avoid paying for contraceptives”
Ind. Ct. App.: First Amendment blocks pastor’s wage claim against former employer-congregation
The Court of Appeals of Indiana held that a pastor could not sue the church that formerly employed him for wages and vacation pay, concluding that the lawsuit would require the court to inquire into intrachurch matters, which the court reasoned is forbidden by the First Amendment. In Steven Matthies v. The First Presbyterian Church of Greensburg Indiana, Inc., No. 16A01-1409-PL-380 (Ind. Ct. App. Apr. 8, 2015), Pastor Steven Matthies sought to enforce part of a three-year contract that he argued entitled him to salary and vacation pay after his employment ended.
Continue reading “Ind. Ct. App.: First Amendment blocks pastor’s wage claim against former employer-congregation”
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”
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”
Cert. Denied in Indiana Church Property Dispute
The Supreme Court of the United States denied certiorari in a dispute between the Presbyterian Church U.S.A. and a congregation that decided to leave the denomination. The Indiana Supreme Court had returned the case to the trial court for facts to be determined at trial rather than by summary judgment. Access the Supreme Court list of today’s orders here, the Indiana Supreme Court’s decision here, and the vacated Indiana Court of Appeals decision here. Find audio and video of oral arguments at the Indiana Supreme Court here and at the Court of Appeals here.
The Indiana Lawyer reported the case here. It had previously reported on the Indiana Supreme Court’s grant of transfer here and its decision here. It had reported on the Court of Appeals decision here.
The case will now return to the Vanderburgh Circuit Court for further proceedings.
Have a question about legal issues affecting religious organizations? Let me know at questions@lawmeetsgospel.com or @LawMeetsGospel.
Indiana Town Asks Church to Remove Cross from Public Property
The Indianapolis Star is reporting that the Hoosier town of Dugger has asked Faith Community Church to remove a cross that says “Jesus Saves” after the town council received a letter from Americans United for Separation of Church and State.
The Dugger Town Council unanimously voted to ask the church to remove the cross. Apparently the council sought to avoid a legal battle, which the town could not afford. The church’s pastor, Shawn Farris, is considering options.
The Star included comments from Americans United’s Executive Director, Rev. Barry Lyn, who said the group is “trying to provide a voice for the minority.” The report does not mention anyone in the community for whom Americans United was specifically referring to or to any comments supporting the measure on anything but financial grounds.
Dugger is located about thirty miles south of Terre Haute.