Law Meets Gospel

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. Start on time. Identify the meeting's goals and each agenda item's goal ahead of time. Set time limits for each agenda item. 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. Use unanimous consent for uncontroversial questions. Don't vote on minutes. Ask for any changes. If there are none, the minutes are adopted by unanimous consent. When a report contains only information and not any recommendations for action, don't vote on it. 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.) 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. 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.

Josh concludes his conversation with Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, this time exploring the legacy of Luther's thought on Western society's concepts of religion and government.

Josh continues his conversation with Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, this time focusing on Luther's attitudes about government's role in governing religion.

Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, shares some of the attitudes and work of Martin Luther toward the relationship of Church and government.

Before Martin Luther became a monk, he was a rather successful student whose father encouraged his path into the study of law. Informed in part by his brief stint in law school and other encounters with lawyers in his day, he developed a distaste and distrust for the profession as a whole. Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, helps explain what a lawyer did in sixteenth-century Germany, what studying the law would have been like, and what Luther thought about the law. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

When organizations lack accountability mechanisms, they can become stagnant. When someone suggests implementing some accountability or asks specific questions about current practices, the person responsible for that aspect of the faith community's life often takes it as a personal attack. But when a community values accountability as a necessary part of good stewardship, moments of accountability can serve to improve the organization's mission. Developing a culture of accountability takes time, but the process can be served by bringing in an outsider without personal connections to share what best practices look like. The three areas to focus on first in developing this culture are finances, child protection, and employee evaluation. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

All states authorize clergy to perform marriage ceremonies. But each state has its own definitions and procedures. For example, some states have narrow definitions of who qualifies as clergy, sometimes even requiring registration. And the consequences of not following these procedures can fall on both the marrying couple and the minister. Related In re Peacock, 788 S.E.2d 191 (2016) How to Get Arrested for Marrying Same-Sex Couples (July 11, 2013) Congratulations, Amy and Hunter! #danceswithwoolfs   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

October 31, 2017, marks the five hundredth anniversary of Martin Luther's ninety-five theses, which sparked the Reformation. The ripples of the Reformation still can be seen in the Church and society. Law Meets Gospel marks the occasion with Josh explaining the inspiration for several aspects of the podcast. Law Meets Gospel is inspired by Luther's teaching about Law and Gospel within Christian scriptures. Josh's sign-off, "As you work to meet the worlds need, be wise, be bold, and be joyful." is inspired by two quotes. First, Frederick Buechner's writing, "The place God calls you is the place where your deep gladness and the world's deep hunger meet." Second, Luther's advice in a letter to Philip Melanchthon, "Be a sinner and sin boldly, but believe and rejoice in Christ even more boldly." Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

What happens when someone gives a gift to a religious organization that no longer exists? Leaders should consider several things before dissolving an organization to make the answer more certain. First, ensure the organization uses clear language that is also consistent with applicable statutes. Second, determine whether any denominational entity has already been designated as a corporate successor. Third, if there is no denominational entity, consider designating a corporate successor. Fourth, communicate with all community members and supporters and invite those who include the organization in their estate planning to inform the leaders. Finally, when communicating with planned donors, make sure to communicate whether there is a designated corporate successor, so they can include a contingency plan in their estate documents if they wish. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The federal district court for the Western District of Wisconsin recently held that the Tax Code's housing allowance violates the First Amendment's Establishment Clause. The decision in Gaylor v. Mnuchin, (W.D. Wis., Oct. 6, 2017), deals with 26 U.S.C. § 107(2). It does not affect the exemption from taxed income based on the value of a church-owned home, traditionally referred to as a parsonage, which is found in 26 U.S.C. § 107(1). Josh explains how the housing-allowance exemption works, why the court concluded it is unconstitutional, and what ministers and religious organizations should look for as the case progresses. For more, see this earlier post collecting coverage of the decision. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

If history is any indication, every worshiping community's life ends sometime. If that happens under the U.S. Tax Code, there are limits on how assets must be distributed. Musical instruments, books, and furnishings can't just be given to the donors who funded them. Fair prices must be received. And any assets left at the end of the legal entity's existence must be transferred to another charitable entity, like another house of worship, a denominational entity, relief agencies, or social service providers.

What should you do if a leader of your religious organization is accused of sexual abuse? Assess the facts. Contact and coordinate with law enforcement. Contact denominational leaders. Disclose the facts to the congregation and invite other victims to report. Offer counseling to victims. Call your insurer. Prepare for negative responses and turbulent times. And remember that you're not alone. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

If your religious organization has a website, it should have at least a basic privacy statement informing users what information you collect on the site, who has access to it, what you do with it, and how you protect it. Resources Does Your Church or Ministry Website Have a Privacy Policy?   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Religious organizations should be respectful when posting photos, videos, and audio from public events they host. Although nonprofits are exempt from the Child Online Privacy Protection Act (COPPA), they should adhere to its requirements for children under thirteen to respect children's privacy and avoid possible regulatory implications. Before posting, it's best to obtain permission from adults and parents, which can be done by announcing that photos will be used for promotional materials and inviting those with concerns to speak with a representative or obtaining the permission on registration or permission slips. To protect privacy further, you can post only to online pages that are protected, for example a password-protected page on your organization's site or an invitation-only Facebook page. It's also a good idea to avoid including names in captions and file names to decrease the likelihood that someone can find the image. Resources Church Website Ideas: "Does Your Website Content Violate Child Privacy Laws?" Central Texas Conference of the United Methodist Church: "Tips for Properly Posting Photos" United Methodist Church Communications: “Privacy and Permissions“ ELCA resource: “Social Media and congregations“ 1737 Child Online Privacy Protection Act 1726 How to Avoid Copyright Infringement 1725 Copyright for Religious Creators 1724 Copyright Overview for Religious Organizations 1723 Intellectual Property Overview for Religious Organizations Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Religious organizations and other nonprofits are not subject to the rules under the Child Online Privacy Protection Act (COPPA), but COPPA's rules provide a good example of how to deal with information collected from children under 13. It requires verifiable parent consent, online privacy statements, and options for parents to control how providers use their children's information. Since it sets the standard in the United States for protecting children online, Josh encourages religious organizations to follow its rules even when they aren't required to do so. Resources FTC Frequently Asked Questions about the Child Online Privacy Protection Act (COPPA) FTC video: "Protecting Children's Privacy Under COPPA" United Methodist Church Communications: "Privacy and Permissions" ELCA resource: "Social Media and congregations" Wikipedia: "Children's Online Privacy Protection Act" Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

A federal court declared Obama-era overtime rules invalid just in time for Labor Day. On August 31 the U.S. District Court for the Eastern District of Texas issued an order explaining that rules implemented under the Fair Labor Standards Act (FLSA) during the last months of the Obama administration overreached the Labor Department’s ability to interpret FLSA. The decision can be found here: Nev. v U.S. Dep’t of Labor, No. 4.16-cv-00731-ALM, (E.D. Tex. Aug. 31, 2017) (Memo. Op. and Order). The same court issued a preliminary injunction in November 2016 that prevented the rule from going into effect on December 1, 2016, as the Obama administration planned. The district court’s final judgment likely means the rule that more than doubled the previous minimum salary requirements to exempt employees from minimum-wage and overtime requirements is permanently defeated. Josh explains how the decision affects religious organizations. For more about overtime requirements, check out these: The basics of overtime rules—with Shelley M. Jackson and Pastor John Hickey (January 3, 2017) Which employees are covered by overtime rules?—with Shelley M. Jacksonand Pastor John Hickey (January 10, 2017) Does the FLSA apply to our church?—with Shelley M. Jackson and Pastor John Hickey (January 17, 2017) 1734 Stop using comp time with nonexempt employees (Aug. 22, 2017) E.D. Tex.: Obama FLSA rule changes invalid; salary increase for exempt employees struck down (Sept. 4, 2017) ChurchLaw&Tax infographic: "FLSA Classification Decision Tree for Churches and Other Religious Organizations" Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

How do you know whether a representative has the authority to enter into an agreement on behalf of an organization? In short, the governing documents and resolutions of the board of directors can authorize a representative. But many organizations are not careful with following these formalities. Josh discusses what can go wrong when they don't, using the case discussed in this post as an example. Related N.Y. Sup. Ct.: $1 million religious arbitration award vacated due to lack of authority of synagogue officer who signed arbitration agreement Matter of Young Israel of Eltingville, Inc. v Oorah, Inc., (N.Y. Sup. Ct.., June 30, 2017) 1729 Conflicts of Interest overview Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn't true. If an employee is subject to the Fair Labor Standards Act (FLSA), that employee must be paid time and a half for any time worked over forty hours in a seven-day work week. While some church employees may not be subject to FLSA, for those employees who do, it's important to comply and pay overtime. For exempt employees and employees who are not subject to FLSA, these questions are likely decided by state law. See the notes below for resources on determining which employees are subject to FLSA and how to deal with comp time with exempt employees. For more about overtime requirements, check out these episodes: The basics of overtime rules—with Shelley M. Jackson and Pastor John Hickey (January 3, 2017) Which employees are covered by overtime rules?—with Shelley M. Jackson and Pastor John Hickey (January 10, 2017) Does the FLSA apply to our church?—with Shelley M. Jackson and Pastor John Hickey (January 17, 2017) For more reading material, check these out: Stop using comp time in place of overtime! Here’s a helpful blog post going into more details about FLSA and compensatory time: http://www.wagehourinsights.com/2015/07/can-employers-offer-compensatory-time-to-exempt-employees-wage-hour-faq/   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The conclusion of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the possible practical implications of the decision, including what we might expect in future litigation. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Supreme Court Remands School Aid Cases For Reconsideration In Light of Trinity Lutheran Decision Trinity Lutheran Church, Inc. v. Comer, No. 15-577 (U.S. June 26, 2017)  Coverage of Trinity Lutheran Church decision  1719 Background on Trinity Lutheran v. Comer  1720 Trinity Lutheran oral argument  1721 What is a Blaine Amendment?  1722 The Freedom Center of Missouri 1730 Trinity Lutheran Church v. Comer decision 1731 Trinity Lutheran Church v. Comer dissent 1733 Cases remanded after Trinity Lutheran Subscribe to the Law Meets Gospel Podcast Apple Podcasts Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The third part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about two cases remanded by the Supreme Court. One involves a voucher program in Colorado. The other involves a textbook-renting program in New Mexico. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Supreme Court Remands School Aid Cases For Reconsideration In Light of Trinity Lutheran Decision Trinity Lutheran Church, Inc. v. Comer, No. 15-577 (U.S. June 26, 2017)  Coverage of Trinity Lutheran Church decision  1719 Background on Trinity Lutheran v. Comer  1720 Trinity Lutheran oral argument  1721 What is a Blaine Amendment?  1722 The Freedom Center of Missouri 1730 Trinity Lutheran Church v. Comer decision 1731 Trinity Lutheran Church v. Comer dissent Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The second part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the separate opinions by Justice Stephen Breyer, who concurred only in the judgment favoring the church, and Justice Sonia Sotomayor. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Trinity Lutheran Church, Inc. v. Comer, No. 15-577 (U.S. June 26, 2017) Coverage of Trinity Lutheran Church decision  1719 Background on Trinity Lutheran v. Comer  1720 Trinity Lutheran oral argument  1721 What is a Blaine Amendment?  1722 The Freedom Center of Missouri 1730 Trinity Lutheran Church v. Comer decision Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh talks with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Trinity Lutheran Church, Inc. v. Comer, No. 15-577 (U.S. June 26, 2017) Coverage of Trinity Lutheran Church decision  1719 Background on Trinity Lutheran v. Comer  1720 Trinity Lutheran oral argument  1721 What is a Blaine Amendment?  1722 The Freedom Center of Missouri Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Conflicts of interest are an inevitable part of doing any business, including for religious organizations. Josh talks about what a conflict of interest is, potential downfalls resulting from mishandling conflicts of interest, and key practices to handle conflicts of interest responsibly. Churches and other faith organizations should use disclosure statements annually to identify potential conflicts, adopt policies about how to handle conflicts, and regularly follow up and update these documents. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

In most jurisdictions, to do business in an organization requires either a meeting or a unanimous written consent. In this episode, Josh discusses some of the reasons religious groups might not allow decision-making without a meeting, the minimum requirements of a meeting, and how to act without meetings, namely through unanimous written consent. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Consensus is a noble goal in leading organizations to action. But when organizations require consensus, it can lead to a different kind of tyranny when one dissenter stands in the way of doing anything. Josh shares some thoughts about how best to value consensus without requiring it in governing documents. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

From educational materials to hymns and worship, worshiping communities and other religious organizations use content created by others every day. Attorney Randall Cloe explains how licensing of copyrighted materials. He discusses the various clearinghouses to find licenses for music. He outlines the potential consequences of infringing copyright. And he and Josh briefly discuss the exception for religious materials used in worship.   [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law.   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Churches, synagogues, mosques, and other houses of worship and religious organizations, their employees, and their volunteers create content every day. To what degree should they worry about protecting it? How does copyright law provide them rights to protect them? Attorney Randall Cloe gives tips on copyrighted material for creators. He tells listeners when to take the step of registering copyrighted material and how to enforce when someone infringes copyright. And he explains how long copyright protections last.   [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law.   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Copyright is the most important category of intellectual property for religious organizations.  Attorney Randall Cloe explains what is covered by copyright law. Copyright is created at the time of creation. Holders of copyright are granted the following rights: reproduction, derivatives, distribution, performance, display, performance by digital audio transmission, attribution, and integrity.   [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law.   Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Religious organizations use and create intellectual property every day. But what is intellectual property? Attorney Randal Cloe of Carmel, Indiana, [caption id="" align="alignright" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] explains the history of protections for intellectual property in American law. The protections seek to protect the fruits of creators' labor. Intellectual property can be divided into three main categories: patents, trademarks, and copyrights. Cloe describes how to determine which category applies and the consequences of violating another's intellectual-property rights. Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh talks with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the center's mission. The Freedom Center of Missouri is a nonprofit, nonpartisan organization dedicated to research and public-interest litigation in six key areas: freedom of expression, economic liberty (the right to earn a living), property rights, religious liberties, limited government, and government transparency. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] Josh and Dave first met when they were both studying at Vanderbilt University, where they both earned graduate degrees in theology jointly with their law degrees. Dave talks about his path from pursuing ministry to law school, working for the Institute for Justice and the Becket Fund, then moving with his wife and cofounder Jenifer  Zeigler Roland to Missouri to work at the Show Me Institute. Finally, they began the Freedom Center of Missouri in Jenifer's hometown of Mexico, Missouri. Josh and Dave discussed the following organizations with similar goals as the Freedom Center of Missouri, three of which Dave worked for: The Becket Fund Religious Liberty for All Institute for Justice (litigating for economic liberty, school choice, private property, and First Amendment liberties) Show-Me Institute Where Liberty Comes First The Heritage Foundation Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

[caption id="" align="alignright" width="170"] James G. Blaine in the 1870s[/caption] The U.S. Supreme Court heard oral arguments in Trinity Lutheran Church v. Comer on April 19, 2017. The church is challenging Missouri’s exclusion of religious groups from the state’s grant program for playground surfaces, which is based on the state's constitution. The relevant amendment is one of many often referred to as "Blaine Amendments." Josh interviews Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the history behind these amendments and their ramifications for modern American law. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The U.S. Supreme Court heard oral arguments in Trinity Lutheran Church v. Comer on April 19, 2017. The church is challenging Missouri's exclusion of religious groups from the state's grant program for playground surfaces. Josh speaks with Dave Roland of the Freedom Center of Missouri about the argument, the justices' questions, and how the Court's decision could affect religious organizations across the country. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] To learn more about Trinity Lutheran Church, Inc. v. Comer, check out the following: Transcript of oral argument at Supreme Court Audio of Supreme Court oral argument Oyez's page on Trinity Lutheran SCOTUSblog's page on Trinity Lutheran Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The U.S. Supreme Court is considering a case in which a church asserts that Missouri's exclusion of religious organizations from a generally available grant program for playground surfaces violates the Free Exercise protection of the First Amendment and Equal Protection clause of the Fourteenth Amendment in the U.S. Constitution. To discuss the background of the case, Josh interviews Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] To learn more about Trinity Lutheran Church, Inc. v. Comer, check out the following: Transcript of oral argument at Supreme Court Audio of Supreme Court oral argument Oyez's page on Trinity Lutheran SCOTUSblog's page on Trinity Lutheran Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

There are many ways that faith communities can help immigrants make their way after they arrive in the United States. In this episode, immigration lawyer Dallin Lykins shares some of these, how the current political debates about immigration affect immigrants' experiences of American life, how the refugee system works, and where people of faith and lawyers can go to connect with immigrants who need help. Resources for faith communities mentioned in this episode American Immigration Lawyers Association Episcopal Migration Ministries Exodus Refugee Immigration Immigrant Welcome Center Neighborhood Christian Legal Clinic United Nations Refugee Agency The Constitutional Rights of Noncitizens   Find the decision about Indiana's refusal of Syrian refugees here: Exodus Refugee Service v. Pence Lawyers: For a free introduction to how you can help immigrants and free course materials, check this out from the Practising Law Institute. You can get in touch with Dallin and see his biographical information here. [caption id="" align="alignleft" width="193"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

[caption id="attachment_397" align="alignleft" width="300"] Used under Creative Commons license by Nick Youngson at http://NYPhotographic.com through http://picserver.org/i/immigration.html[/caption] During a heightened time of debate and anxiety, many faith communities have joined or are considering joining what's known as the "Sanctuary Movement." The concept of sanctuary has historical roots, but it isn't legally supported. Faith communities and other nonprofits should investigate the potential risks they can assume before joining the Sanctuary Movement. Dallin Lykins of Lewis & Kappes in Indianapolis explains sanctuary, the history of sanctuary, what providing sanctuary means, what it doesn't mean, and some considerations to keep in mind before becoming a sanctuary congregation. See below for details about Dallin and resources on sanctuary. Resources for congregations considering sanctuary ACLU Sanctuary Congregation and Harboring FAQ Immigration and Customs Enforcement memo on "sensitive locations" Sanctuary Movement homepage Q&A: What Churches Should Know About Immigration Law, Church Law & Tax How Churches Can Give Sanctuary and Still Support the Law, Christianity Today You can get in touch with Dallin and see his biographical information here. [caption id="" align="alignleft" width="193"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Direct links to this episode Google Play Online download Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Immigration law affects every employer, including religious organizations. [caption id="" align="alignright" width="193"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Dallin Lykins of Lewis & Kappes in Indianapolis explains Deferred Action for Childhood Arrivals (DACA), the history of deferred action, what DACA means for millions of people in the United States, and what changes to DACA religious employers can expect from the Trump administration. You can get in touch with Dallin and see his biographical information here. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

[caption id="" align="alignright" width="188"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Immigration law affects every employer, including religious organizations. Dallin Lykins of Lewis & Kappes in Indianapolis provides religious and other employers an overview of immigration issues they need to know about. Dallin mentioned these websites for people looking for help about basic immigration questions: U.S. Citizenship and Immigration Services Immigrant Legal Resource Center American Immigration Lawyers Association You can get in touch with Dallin and see his biographical information here. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

American law has many protections of religious freedom. Among these are various means by which religious people and organizations can seek exemptions from otherwise-applicable legal requirements when those rules would burden their religious beliefs. This episode discusses the development of those exemptions under the First Amendment, the federal Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, and state versions of the Religious Freedom Restoration Act.Here are some of the legal documents Josh discusses in the episode: Reynolds v. United States, 98 U.S. 145 (1878) Sherbert v. Verner, 374 U.S. 398 (1963) Employment Div., Ore. Dept. of Human Res. v. Smith 494 U.S. 872 (1990) Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014) Holt v. Hobbs, 135 S. Ct. 853 (2015) Religious Freedom Restoration Act Religious Land Use and Institutionalized Persons Act Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

While I advise to use the current edition of Robert's Rules and explained several reasons in the last episode, there are also good reasons to use a different parliamentary authority. Here are three: It's one size fits all. Much of the procedures included in Robert's Rules are unneeded for the majority of nonprofit boards. My suggested resource for this is Robert's Rules of Order Newly Revised in Brief. Robert's Rules is not based on consensus-building, which today's leadership models emphasize. People think they know Robert's Rules when they don't, so there can be a lot of confusion. I recommend you follow Robert’s Rules, using the latest version: Robert's Rules of Order Newly Revised, 11th Edition. But I also recommend you get the current version of Robert’s Rules of Order Newly Revised in Brief, which is in its second edition. Click on the links for my Amazon affiliate links. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Parliamentary experts differ on whether to use Robert's Rules of Order or a different set of rules for meetings. I recommend Robert's Rules for many reasons. Here are five: It’s by far the most popular and well-known set of parliamentary rules in the United States. It addresses pretty much every situation your organization might come up against. (A result of having been tested and adjusted over 150 years.) Its goals of protection of the rights of members and those whom they represent are taken care of well. The rules require a deliberative process. They protect against instability but preserve flexibility. I recommend you follow Robert’s Rules, using the latest version: Robert's Rules of Order Newly Revised, 11th Edition. But I also recommend you get the current version of Robert’s Rules of Order Newly Revised in Brief, which is in its second edition. Click on the links for my Amazon affiliate links. Subscribe to the Law Meets Gospel Podcast iTunes Google Play RSS Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

The U.S. Court of Appeals recently interpreted Indiana's Nonprofit Corporation Act to decide whether the term of a director for a family foundation had ended. If it had, her reelection and a gift from the foundation would be void. But the statute, the foundation's bylaws, and the electing resolution all provided that directors would serve until the later of their term's end or their replacement taking office. The case emphasizes that organizations should understand their state's statutes and carefully draft language relating to office terms. It also teaches that Indiana doesn't permit nonprofit directors to bring derivative actions on behalf of the corporation. You can read the opinion here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D02-01/C:15-3734:J:Hamilton:aut:T:fnOp:N:1905535:S:0 You can listen to the oral argument here: http://media.ca7.uscourts.gov/sound/2016/lj.15-3734.15-3734_12_09_2016.mp3 Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

It's important to understand your state's statute governing how not-for-profit organizations do business. Statutes have mandatory rules, default rules, and minimum standards. Not understanding these provisions can cause problems. Find the text of the American Bar Association’s 2008 Model Nonprofit Corporation Act, Third Edition here: http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/joint_fall/2008/black_letter.authcheckdam.pdf The complete history and comments of the 2008 model act can be purchased from the American Bar Association here: http://shop.americanbar.org/ebus/store/productdetails.aspx?productid=213949 Indiana’s Nonprofit Corporation Act is Ind. Code §§ 23-17-1-0.2 to -31-6 The 2016 version of the Act can be found here: https://iga.in.gov/documents/20c9cdb5 A notable difference between the Indiana act and the 2008 version of the model act is that the 2008 model act allows directors to bring a derivative action. See §§ 3.04, 13.01–13.09   Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Follow your bylaws! They are a contract among members, set out the community's identity, and are the ultimate authority if a dispute arises.   Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

What are the consequences of repealing the Johnson Amendment? Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Does the prohibition against 501(c)(3)s, including churches, supporting or opposing political candidates pass constitutional muster? What are the main arguments for repealing the prohibition? These are the opinions from one of the cases discussed: Branch Ministries v. Rossotti, 211 F.3d 137 (D.C.Cir.2000) Branch Ministries v. Rossotti, 40 F.Supp.2d 15 (D.D.C.1999) Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

President Trump promises to "totally destroy" the Johnson Amendment. What's the Johnson Amendment? This episode answers that question: what it is, why it's the law, what political activity it prohibits, and what political activity it doesn't. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and practices. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh talks with Shelley Jackson and Pastor John Hickey about the Obama administration's proposed changes to the Fair Labor Standards Act (FLSA) regulations, the court stay, and strategies for employers to consider while the final rule is uncertain. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh talks with Shelley Jackson and Pastor John Hickey about characteristics that might cause the Fair Labor Standards Act (FLSA) to apply to a church and to categories of employees, especially clergy. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh speaks with Shelley Jackson and Pastor John Hickey about the ways in which participation in interstate commerce can mean FLSA applies to individual employees. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.

Josh speaks with lawyer Shelley Jackson and pastor John Hickey about overtime and minimum-wage requirements under the Fair Labor Standards Act (FLSA). Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.