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 – Reference
    
    

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) – The 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.
• Service & Comfort Animals Policy* (4 pages) – Define how the church will facilitate and support the use of both service animals and comfort animals within church facilities. It can be argued that because service animals support individuals with disabilities, every effort should be made to accommodate them. It may be appropriate to more tightly regulate the use of comfort animals in order to minimize disruptions to church events and services.
• Transgender Guidelines* (1 page) – Providing clarity for transgender individuals in several areas is important. Consider communicating a summary of these key items:
  • Sincerity in our love for transgendered individuals and our warm welcome to everyone
  • Provision for kids and an invitation to attend corporate worship
  • Attending gender-specific events for your naturally born sex only
  • Attending small groups while transitioning of after a transition
  • Church doctrine and conviction regarding transgendered individuals
  • Restroom limitations or special provisions

Weddings

• Definition of Marriage* (3 pages) – Churches must define biblical marriage and clarify what marriages may be conducted on church property and be performed by the church’s ministers and pastors. Position papers and executive summaries of the church’s doctrinal and theological perspective and policy on marriage and divorce can be a useful exercise here.
• Covenant Marriage Summary* (2 pages) – Three states—Arizona, Arkansas, and Louisiana—offer covenant marriage as a legally distinct kind of marriage. Prior to entering into a covenant marriage, a couple must attend premarital counseling sessions and sign a statement declaring that a covenant marriage is for life. Typically, a spouse in a covenant marriage desiring a divorce is required to attend marital counseling with a legal divorce occurring only in specific situations. This would include:
  • A spouse who has committed adultery
  • A spouse who has committed a felony
  • A spouse who has engaged in substance abuse
  • A spouse who has physically or sexually abused the spouse or a child
  • Situations where two spouses have lived separately for one or two years (depending on the law of the state)
• Covenant Marriage Position Paper* (6 pages)
• Wedding Handbook* (18 pages) – Key components of a Wedding Handbook include the church’s definition of marriage, statement of faith, guidelines for officiants and ministerial participation, wedding logistics and direction, scheduling, fees and available venues, rules of decorating and other details.

Funerals

• Potential Area of Future Litigation – Churches should detail how and when funeral and memorial services will be conducted on church property and conducted by the church’s ministers and pastors. Well-written policies offer legal protection from potential lawsuits seeking damages for policy or doctrinal positions unevenly applied to both members and non-members. Once again, this illustrates the importance of a clear definition of the responsibilities and requirements of church membership.
• Funeral Policy Development
  • Facility Use Policy – Any activity on church property must conform to the church’s adopted policies and doctrinal beliefs.
  • Is there a Membership Requirement? How Inclusive Will the Church Be? – Under what circumstances are non-member funeral and memorial services? Churches have a sincere desire to serve their communities and so it’s important to balance litigation risk management with missional objectives.
  • What Content Is Permissible? – Detail an approval process for service elements and content, especially when broadening the scope of possible memorials and funeral services out into the community.
  • Who Officiates? – Clarify the role of the church’s ministers
    and pastors in services conducted on church property.

   Section 6 Content

   Seminar Workbook

   Seminar Slide Deck

   Church Law & Tax

   Alliance Defending Freedom

   Michael Best