5 Developments in Religion and Law since Law Meets Gospel started

Five years ago, I set out to try my hand at blogging about legal and related issues that religious groups face. I sought to help faith communities improve their grasp of the rules that govern them, organize themselves, and feel comfortable contacting a lawyer for help. The last five years have brought some very interesting developments at the intersection of law and religion, and the next five promise even more. I’ve enjoyed blogging, though I have not been as regular as I would like to be. I aim to change that in the coming months. I’ve also created some graphics to help you know right away that what you’re seeing is Law Meets Gospel. To mark the fifth birthday of this effort, below are five important developments in the law that affect faith communities. And then some other big news … .

Stop using comp time in place of overtime!

The Department of Labor recently announced new rules about which employees are entitled to hourly and overtime pay. That has caused many employers, including religious and other not-for-profits, to assess whether they are correctly classifying and compensating their employees. One issue that may come up is how your organization compensates employees for work beyond the required hours in a workweek.

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.

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.

7th Cir.: Att’y fees to defend frivolous suit are substantial burden; jury must decide zoning denial

The Seventh Circuit affirmed that incurring attorney fees in a frivolous lawsuit brought by a governmental entity can constitute a substantial burden under RLUIPA this week. It also reversed a determination that the City of Chicago had demonstrated the city had not imposed a substantial burden on a religious outreach center's religious activities by denying licenses required to conduct those activities. Judge Richard A. Posner wrote the opinion for the court, and Judge Richard D. Cudahy wrote the following, exceptional concurrence: "Unfortunately, and I think the opinion must be stamped with a large ‘MAYBE.’” Judge Ilana Rovner was the third vote. Another notable aspect of the case is that, like most RLUIPA cases, it has been in litigation a long time—nine years. As Judge Posner wrote, “We can understand the judge’s desire to end a litigation that will soon have lasted as long as the Trojan War, but we do not think that the end is yet in sight.”

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.

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.