In an effort to help churches and ministries, we have created what we call our "Church Liability Seminar." Peter Smythe has been a practicing lawyer in the state of Texas for over fourteen years. His legal experience includes trials and appeals on both the state and federal levels. As a graduate of both Rhema Bible Training Center and Oral Roberts University, he is uniquely aware of the "tensions" between Biblical ministry and the law. In our seminar, we analyze fact scenarios in terms of the law and scripture so that churches and ministries can form practical plans and policies regarding their ministry operations. Below is a listing of some of the topics we can cover:
Child Abuse
In our child abuse seminar, we deal with the issues presented when a child molester comes to church.
In April 2003, Grace Church of Tulsa, a modern mega-church, was sued by the parents of five boys who said that they had been molested by the church's athletic director. A Tulsa jury found that the church had been negligent in protecting the boys and awarded $845,000.00 in damages. The jury was also to decide punitive damages, but the parties settled the case before such a verdict could be reached. After the jury verdict, Grace instituted strict measures to protect the church's children against similar abuse.
Despite all the publicity that has been devoted to sexual molestation in the church these days, only one-third of churches perform any kind of screening of volunteers who work with the children. This statistics demonstrates the fact that few churches or ministries give careful consideration to the ways and means of those prone to molest kids or to the safety of its own members. Indeed, few ministers are even aware of the reporting laws and how the clergy privilege may apply if an incident did occur. Additionally, when an incident does occur, ministers usually find themselves unsure of how to address scripturally address the issues or the people involved.
Fraud and Deceit
Early on in his ministry, Jim Bakker operated out of an empty warehouse. As revenues increased, the ministry purchased about 2,300 acres of vacant land over a long period of time. In 1974, he formed "PTL" for "Praise the Lord" and expanded the ministry's focus to include religious broadcasting. In the late 1970's, he began construction of "Heritage USA" and never stopped expanding.
In the early 1980's, the ministry began experiencing a downturn in its operating funds. Bakker responded by instituting a large expansion of Heritage USA that was to be funded by selling lifetime partnerships. PTL created 11 different partnership programs ranging from $500.00 to $10,000.00. Eight of the partnerships included annual lodging in one of the Heritage Village facilities. Under one Lifetime Partnership, the payors were promised four days and three nights free lodging each year for as long as they lived, with free admissions to certain events. Though Bakker promised to limit the number of partnerships to 25,000, he eventually raised $158 million by selling 158,000 of them.
Bakker was later convicted in federal court for fraud. The evidence showed that he used relatively few of the funds collected on the actual facilities because they had been diverted to pay the operating expenses of PTL. In October of 1989, the Charlotte Observer wrote, "In soliciting donations from his flock, a preacher may promise eternal life in a celestial city whose streets are paved with gold, and that's none of the law's business. But if he promises an annual free stay in a luxury hotel on Earth, he'd better have the rooms available."
In the late 1980s and early 1990s, Robert Tilton was sued for over $100 million in district court for fraud in connection with promises for healing and his direct mail ministry. The cases were eventually thrown out, but the legal expenses of the case were enormous.
In the late 1990s, a prominent evangelist announced his intention to create a $30 million prayer/theme park. Many donors gave money to the ministry for the park, but it never materialized. The evangelist wasn't sued over the park, but questions were raised about fund-raising techniques and promises.
In our seminar, we analyze these and other legal cases that involve legitimate and illegitimate fundraising.
Defamation and Invasion of Privacy
Does a church have the right to publicly reveal a person's sins?
In one recent legal case, a married couple sued a Dallas church for defamation and invasion of privacy. The couple had received marriage counseling with one of the church pastors. After the pastor confronted the husband with his "sin." When the man appeared unrepentant, the church sought to "tell it to the church." The man quit the church, but the church's bylaws stated that a member "may not resign from membership in an attempt to avoid such care and correction." The church's next step was to send more than a dozen letters to the man's acquaintances outside of the church. The man sued to stop the church from executing its plan. In another case, a woman sued a pastor for disclosing personal information to the church that she revealed in a closed-door counseling session.
Many protestant pastors are not familiar with the confessional privilege and what kinds of protections are needed for both pastors and lay persons. In our seminar we discuss the tensions of privacy in the church.
Extracurricular Activities
In recent years, ministries have jumped from the occasional youth skating party or bus trip to full-blown and high-end extracurricular activities. One national ministry held an annual biker rally where motorbikers came from all parts of the country for a three-day weekend of preaching and rally activities. One year a 12-year old girl was hit and killed by a speeding motorbiker that was involved in an impromptu race. There were reports that the biker had been drinking on the rally grounds before his race.
An ordained minister decided that he and his church should engage in abortion rally activities against an abortion clinic in the church's town. After much publicity, the minister was defrocked by his ministerial organization for engaging in the rallies.
In July 2007, a woman attending Lifefest 2007, a Christian festival, died after plunging about 45 feet from a bungee-like amusement ride. The "Air Glory" ride was shutdown after the incident and the music resumed a few hours later.
As the church becomes more business-like, issues are raised regarding its "secular" and "non-secular" activities. In our seminar, we examine the courts' treatment of churches in these areas.