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LAW
WATCH
A summary of recent precedent-setting court rulings and legislative acts
affecting churches.
CHURCH DISCIPLINE IN COURT
A Michigan appeals court ruled that the First Amendment of the U.S. Constitution protects churches that discipline members. Statements made by a pastor during services or in church publications about a member's conduct are protected in certain situations.
However, if a person withdraws membership from a church during the disciplinary procedures, the issue becomes murky. Like other courts before it, the Michigan court drew a distinction between members and nonmembers. The Constitution does not protect churches when disciplining nonmembers or former members, and such persons who sue the church for causing emotional distress or invading their privacy are likely to win a lawsuit against the church. Church members have a right to withdraw membership at any time unless they have knowingly and voluntarily signed a waiver to the contrary.
Churches considering disciplinary action should make sure the grounds for such are clear and supported by the Bible. The procedure should be straightforward. Phrases like "due process" should be avoided since they have no relevance to church law.
If anything is to be learned from this case, it is that churches must precisely define membership. Review the definition of a member in your church’s constitution or bylaws. If that isn’t clear, clarify it. Also, whether protected or not, a church should never offer its members any damaging information about a disciplined member without first seeking an attorney’s counsel.
Remember: This ruling applies only to Michigan and could be overturned by the Michigan Supreme Court. Nevertheless, other courts may refer to it if the need arises.
Church Law & Tax Report, March/April 1999 |
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Who’s Old?
Nearly a third of 18- to 29-year-olds in a recent poll said that old age begins before age 65. Only 7 percent of people over 60 agreed. The average American considers 72 the benchmark of old age.
American Demographics, August 1998.
Big and Bigger
More than 1.7 million Protestants in the United States now attend megachurches (which have a weekly attendance of 2,000-plus). That’s out of a pool of 105 to 111 million people who attend Christian churches on a weekend. The number of megachurches has grown steadily over the past 30 years. Most of them are in the Sunbelt or suburbs of large Midwestern cities.
Wave in the Lost
A new online magazine, Next Wave, is designed to draw pastors, church planters, and other leaders together to learn from one another.
The monthly magazine features articles and discussions about issues facing the church in the 21st century. The publication, which is international and interdenominational, is free. It relies on volunteers for contributions. Contact Next Wave at www.next-wave.org.
Speech Warm-Up
Got an important presentation? Frank Carillo, president of Executive Communications Group (www.ecglink.com), an international leadership and communications firm serving Fortune 500 companies, offers this advice:
Anticipate potential surprises or problems. Carry the phone numbers of anyone you may need to call, like a catering service. Check the room where you will speak--count the chairs, flip on the machines, check supplies. Calm yourself, think winning thoughts, take a walk. Avoid caffeine and extra fluids.
Just before your talk, take five deep breaths from the belly. Then hum a little. Finally, swing your arms to loosen your muscles; they’ll move more freely when you gesture. |
