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.

Roundup for November 15, 2014: Parsonage exemption, Buddhist and Presbyterian splits, rappers, free resources

Here are the posts from this week to the Law Meets Gospel feeds on Twitter, Facebook, and blog.

Posts to the blog

• Seventh Circuit holds challengers to parsonage exemption lack standing

 Stories from around the Internet posted to the feeds

• TX Breakaway Presbyterian congregation settles for $7.8M with PCUSA before hearing Story here.
• D.Utah: FLDS member with belief in secrecy excused from testifying about internal church affairs, cites #HobbyLobby. Story here. 
• Retweet: @LawMeetsGospel @PSRBlaw MT @TEMPLE_HERITAGE: YES! We are now a 501(c)(3). All donations are tax-deductible. Thank you Josh at Plews Shadley Original tweet here.
• 2nd Cir.: Synagogue may pursue RLUIPA-based challenge to denial of construction at historic site. Story here. 
• Megachurch leader threatens to sue rappers over remix. Story here.
• Cert. Filed In Ban On Church Use of New York City Schools. Story here.
•  Company seeks $250M from Los Angeles archdiocese. Story here.
•  Church boots AA group over gay weddings - KSLA News 12 Shreveport, Louisiana News Weather & Sports. Story here.
• Notre Dame Asks For Supreme Court GVR In Contraceptive Coverage Challenge. Story here.
• Free Webinar—Nonprofit Engagement Best Practices by The NonProfit Times—Covers social media, fundraising, engagement. More information here.
• North Carolina Supreme Court Allows Direct Appeal of School Voucher Program. Story here.
• Minnesota Archdiocese Enters Historic Settlement In Clergy Abuse Case. Story here.
• NOT RELIGION: @PSRBlaw's Josh Tatum @LawMeetsGospel elected to IN State Bar Association’s Appellate Practice Section’s Council. Story here.
• Pastors Seek To Quash Subpoenas For Sermons, Communications. Story here.
• Pastor accused of affairs temporarily banned, turns over keys to building and church-provided Mercedes. Story here.
• FREE DOWNLOAD: #Nonprofit Board Stories & #LeadershipDevelopment Strategies. Download here.
• Same-sex marriage has been legal in Idaho for all of 2 days, and two ministers already face jail, fines. Story here.
• Two Ministers Ordered To Perform Same-Sex Wedding Face Jail, Fines. Story here.
• NY's high court considers neo-Pagan tax exemption case from @TimesUnion. Story here.
• All A-Board!: How Personalities Affect Your Board - NPQ - Nonprofit Quarterly. Story here.
• Houston Mayor Drops Pastor Subpoenas via @CTMagazine. Story here.
• W. D. Ky..: Catholic Hospital's Disability Plan Does Not Qualify as a Church Plan Exempt from ERISA. Story here.
•  Rogue pastors endorse candidates, but IRS looks away via @POLITICO. Story here.
• Constitution Check: Should the Supreme Court get involved in church property disputes? Story here.
• Jehovah's Witnesses to pay $13.5M for alleged child abuse via @fox5sandiego. Story here.
• 3 Unique YouTube Perks for Non-profit Organizations [Creator's Tip #167] - ReelSEO. Story here.
• Very interesting report on nonprofit C.E.O. pay. Religious leaders seem to be outliers. Story here.
• Court Rejects Free Exercise and Establishment Clause Challenges To California's Reparative Therapy Ban. Story here.
• Retweeted Plews Shadley (@PSRBlaw): PSRB attorney Josh Tatum @LawMeetsGospel helps @TEMPLE_HERITAGE obtain nonprofit status. #BethElTemple Original tweet here. Story here.
• Interesting article with helpful tips on transition in the top spots of nonprofits: Who'll Fill Their Shoes? Story here.
• @IUPhilanthropy Study: Younger, Non-Religious Women Give More #philanthropy. Story here.
• N.Y. App. Div.: Buddhist congregants can't sue over shuttered Manhatten temple, dissent would neutrally apply bylaws. Story here. Opinion here.
• D.C. Cir.: Compromise accommodation for religious nonprofits on contraceptive mandate passes RFRA test. Story here. Opinion here.
   

Have a question about legal issues affecting religious organizations? Let me know at questions@lawmeetsgospel.com, www.facebook.com/LawMeetsGospel, or @LawMeetsGospel.

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.*) 

What Hobby Lobby Says and What That Means for Religious Organizations

© Wikimedia Commons user CyberXRef

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.

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.