Disclaimer: This notebook and seminar does NOT constitute legal advice.

“Keep Your Church Out of Court” presents a summary of legal issues with a view towards real-world application. The seminar content is:

• Organized by key areas of law/litigation
• Presented as a two-hour overview of general church legal issues
• Arranged in eight sections:
  • Section 1 – Legal Summary
  • Section 2 – Reasons Churches Go to Court by Church Law & Tax
  • Section 3 – Abuse Prevention
  • Section 4 – Liability & Personal Injury Lawsuits
  • Section 5 – Insurance Coverage Disputes
  • Section 6 – Facilities, Weddings & Funerals
  • Section 7 – Constitution/Bylaws & Administration
  • Section 8 – Keeping Your Church Out of Court by Texas Baptists
    
    

Section 6 – Facilities, Weddings & Funerals

Policy Issues Summary* (4 pages)

• Abuse Prevention Policy – As church leaders, we have the high calling and duty to safeguard the minor kids and students entrusted to us. This requires a robust abuse prevention policy to provide for the safety of everyone in our care. See Section 3
• Minor Participation Policy – As a matter of policy, churches should require a minor participation and consent to emergency medical treatment form for all special and off-campus activities. See Section 4
• Social Media Policy – Social media policies generally address the positive (and negative) roles played by social networking in advancing the church’s mission.
• Staff Team Policies – Staff team employee policies include a range of issues, including sabbaticals, work habits, proper handling of church-owned equipment and church-provided services.
• ADA Compliance – The Americans with Disabilities Act (ADA) provides guidelines for what is necessary for organizations to provide accommodation to individuals with disabilities. While churches must comply with portions of the ADA, churches are exempt from the ADA as it relates to public accommodation.

Facility Use Policy

• Facility Use Policy & User Agreement* (5 pages) – A Facility Use Policy establishes rules for the use of church facilities by outside groups and organizations.
  • Purpose – Church facilities are for Christ-centered purposes and reflect the church’s desire to be good neighbors in its community.
  • Scope & Statement of Faith – The Facility Use Policy imposes limits on the use of church facilities. Any activity must conform to the church’s adopted policies and doctrinal beliefs. A summary statement of faith is included in the Facility Use Policy to remove any ambiguity about the church’s doctrinal positions.
  • Scheduling Priority – Church events and member use for special occasions take first and second priority, respectively, in scheduling.
  • Procedure & Application – Outside groups and organizations must complete the attached User Agreement in order to use church facilities.
  • Fees & Insurance – Rental and maintenance fees, damage deposits and certificates of insurance requirements are outlined in the Facility Use Policy.
  • Prohibited Activities – Any purpose inconsistent with the goals, purposes, policies or teachings of the church are prohibited. Other specific disallowed activities are also detailed here.
  • Cancellation – The church reserves the right to cancel any event up to thirty days prior to an event.
  • User Agreement – The User Agreement is confirmation that that the outside group or organization will use church facilities in accordance with the church’s goals, purposes and teachings.
• “Churches Are Not Places of Public Accommodation” by Harvard Law School Journal on Legislation* (4 pages)
• Service & Comfort Animals Policy* (4 pages)
• Transgender Guidelines* (1 page)

Weddings

• Definition of Marriage* (3 pages)
• Covenant Marriage Summary* (2 pages)
• Covenant Marriage Position Paper* (6 pages)
• Wedding Handbook* (33 pages)

Funerals

• Potential Area of Future Litigation
• Funeral Policy Development
  • Facility Use Policy
  • How Inclusive Will the Church Be?
  • Is there a Membership Requirement?
  • What Content Is Permissible?
  • Who Officiates?

   Seminar Outline

   Seminar Slide Deck

   Seminar Content

   Church Law & Tax

   Alliance Defending Freedom

   Michael Best