Case Number 666: Satan vs Your Church
http://www.newchurchorder.com/content/view/92/1/
Written by James Griffin, ESQ, on Tuesday, 27 November 2007
As if modern churches were not already facing enough challenges, now there are new threats gaining momentum which may threaten a local assembly’s very existence, namely litigation and regulation. A misunderstanding or under-appreciation of this challenge could easily render even the strongest assembly bankrupt, and in certain cases litigation and even criminal charges could be brought against the pastor or church leader(s) as individuals.
Historically, in all but the rarest of cases churches were considered beyond litigation. Churches enjoyed “charitable immunity” and “God-fearing respect.” However, over the last few decades the attitude toward churches specifically, and charitable organizations collectively, have changed for a myriad of reasons, prominent among them: postmodern ideology, changing cultural climate, a barrage of “church” scandals, and a public perception of all churches being wealthy.
Part of the cultural change includes Americans becoming more litigious. This has coincided with a change in the common law doctrine of “charitable immunity” which once either severely limited if not outright banned the suing of charitable organizations including churches. The thought process was that the public was indirectly served, and volunteers should be able to assist without the threat of personal liability. However, beginning in the mid-twentieth century many churches began to resemble big business and the walls against suing them have continued to crumble.
Church scandals all too often become the headlines of nightly news. The news media feasts on the personal failures of public figures. The well publicized sexual indiscretions, financial mismanagement, and extravagant lifestyles of a few high profile ministers have been projected onto the ministry as a whole, leading to a diminishment of the public’s trust. Today, public opinion does not hold churches in the place of respect society bestowed on them in times past.
The public’s perceptions of churches being bastions of wealth are aided by the aforementioned extravagant lifestyles of a few noted television personalities who herald their gospel of prosperity. This, coupled with the headlines of the Catholic Church agreeing to pay over two billion dollars in settlements for sexual misconduct of priests in the past few decades, have created an environment to foster lawsuits.
In response to the need for heightened awareness of these (and other) threats, and responding to the need for pastors and church leaders to stay informed, I will be publishing a series of articles on these topics. The articles will be general in nature and specific issues should be discussed with competent professionals in your area. It is hoped, however, they will still be specific enough to be informative and give general assistance.
In the litigation/regulation arena there are obvious issues such as sexual abuse, both alleged and actual (which constitute the single greatest liability threat that most churches face). This particular issue will be addressed in multi-part articles addressing such topics as training church personnel in how to watch for signs of actual abuse, how to respond to allegations, as well as preventative measures church leaders and workers can take to ensure a safe learning environment for all who are in attendance.
There are other less obvious issues which will be addressed ranging from such things as the potential liability arising from Pastoral Counseling to Insurance issues. For example, some courts have found that pastors overstepped in their attempts to counsel and have been found civilly liable. As for insurance issues not normally considered: one church was recently held liable for almost a million dollars (not covered by insurance) as a result of a traffic accident involving a volunteer on a mission trip to South America.
However, unlike many sources which simply point out possible problems, I will strive to provide practical solutions and guidelines that you will be able to access here at
www.newchurchorder.com. For example, simple guidelines such as criminal background checks, and the Two Adult Rule (to be expounded in later articles) alone can GREATLY reduce a church’s potential liability in the area of litigation concerning sexual misconduct. And most of the liability issues for short-term missions trips can be eliminated with an insurance rider costing a few hundred dollars.
The New Church Order is not only a source of fellowship and inspiration, but a provider of practical information and tools for 21st century church leaders. To this end we seek your help, please send your comments and suggestions about the proposed topics or any others you would care to see addressed, to the following email address -
jgriffin@champ.org
Last update: Tuesday, 27 November 2007
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