News & Analysis as of

Religious Institutions

Husch Blackwell LLP

Ten Tips for Keeping Your Faith Community Out of Legal Trouble - UPDATED July 2025

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Guidance for churches, dioceses, synagogues, mosques, and other faith communities to avoid exposure to common legal liabilities. Faith communities face many legal challenges common to for-profit businesses, along with a...more

Holtzman Vogel Baran Torchinsky & Josefiak

IRS Enters into Consent Decree Limiting Application of Johnson Amendment; New Position Allows Churches to Endorse Candidates in...

On July 7, 2025, in National Religious Broadcasters, et al. v. Billy Long, Commissioner of the Internal Revenue Services, et al., Docket no: 6:24-cv-00311-JCB (E.D. Texas) (“NRB”), the IRS entered into a consent decree in...more

McGlinchey Stafford

IRS Agrees That Political Speech Is Permitted in Houses of Worship

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The Internal Revenue Service has reached a settlement, subject to court approval, that would permit political speech in houses of worship. Background - Section 501(c)(3) of the Internal Revenue Code defines an organization...more

Fisher Phillips

Non-Profit Snapshot: 4 Things Non-Profits Need to Know About SCOTUS’s Religious Tax Exemption Ruling

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Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more

Bass, Berry & Sims PLC

Churches Can Now Endorse Political Candidates Without Losing Tax-Exempt Status

On July 7, the Internal Revenue Service (IRS) overturned  an over 70-year-old interpretation of the Internal Revenue Code via a federal court filing in the U.S. District Court for the Eastern District of Texas, which now...more

Fisher Phillips

SCOTUS Delivers a Win to Religious Organizations Seeking Certain Tax Exemptions: What Religious Schools Need to Know

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A recent Supreme Court ruling could have significant implications for religious schools and other nonprofit organizations seeking tax exemptions under state unemployment compensation systems. What standard will be applied to...more

Eversheds Sutherland (US) LLP

Scope of tax exemption for religious entities: The Catholic Charities case

On June 6, 2025, in a decision authored by Justice Sonia Sotomayor, the Supreme Court unanimously overturned a ruling of the Wisconsin Supreme Court, which denied Catholic Charities Bureau an exemption from the state’s...more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Epstein Becker & Green

A Tie Goes to the Runner, a Common Law Extravaganza, and the Administration Gets a Break - SCOTUS Today

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Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more

Holland & Knight LLP

Religious Institutions Update: May 2025

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Federal Trade Commission Protects Worship Location Data Shannon Britton Hartsfield and Bess Hinson-Greenspan Recent Federal Trade Commission (FTC) enforcement activity signals that companies need to protect consumer location...more

Fisher Phillips

Judge Refuses to Halt Immigration Enforcement Actions at Places of Worship: 3 Things Your School Needs to Know

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A federal judge in the District of Columbia just denied an effort to stop the Trump administration from taking efforts to pursue immigration enforcement actions like deportation raids at religious institutions – which could...more

Akin Gump Strauss Hauer & Feld LLP

Establishment of the White House Faith Office (Trump EO Tracker)

Establishes the White House Faith Office, which shall have lead responsibility in the executive branch to empower faith-based entities, community organizations, and houses of worship to serve families and communities....more

Nelson Mullins Riley & Scarborough LLP

Federal Court Decision Empowers West Virginia Churches with New Legal Protections

A recent federal court decision has ruled that West Virginia must allow churches to incorporate, marking a significant shift in how religious organizations in the state can operate. This ruling opens up new opportunities for...more

Fisher Phillips

Divine Intervention? NLRB Rejects Challenge to Jurisdictional Test for Religious Educational Institutions

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In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance - Holtzman Vogel's September 2024 Round-Up

FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee - In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Allen Matkins

In Determining Whether A Corporation Qualifies As A Religious Corporation, Words Speak Louder Than Actions.

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California readers most likely are aware of the fact that California's nonprofit corporate law is triadic.  Thus, it possible to organize a nonprofit corporation as a public benefit corporation, a mutual benefit corporation...more

Harris Beach Murtha PLLC

NY Considers Faith-Based Affordable Housing Act to Address Housing Shortage

The Housing Construction and Community Development Committee is currently considering the Faith-Based Affordable Housing Act (the “Act”), a new law allowing religious corporations or certain religious nonprofit corporations...more

Robinson+Cole RLUIPA Defense

Chicago’s Application of Parking Regulations Violates RLUIPA

In Immanuel Baptist Church v. City of Chicago, the United States District Court for the Northern District of Illinois recently ruled that the City of Chicago had violated the Religious Land Use and Institutionalized Persons...more

Allen Matkins

Can Any Superior Court Judge Access Your Church's Books?

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The California Corporations Code allows for the incorporation of a corporation sole by the bishop, chief priest, presiding elder, or other presiding officer of any religious denomination, society, or church, for the purpose...more

Lowndes

Increased Distance Requirements for Alcoholic Beverage Establishments

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Recently proposed Florida legislation, HB 1053, seeks to increase the distance requirement between businesses providing on-premise consumption of alcohol and both schools and religious centers....more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Finds City of Mobile Violated Religious Freedom Laws

The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Littler

National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

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What is It? The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the...more

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