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

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

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 Privac

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 contr

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

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 Hi

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 Go

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