Child Sex Abuse is Still the Top Reason Your Church Could Go to Court

Richard Hammar covers data from 2012, showing the top five reasons churches land in hot water.

Richard R. Hammar

Each year I review 12,000 published and unpublished rulings by state appellate and federal courts pertaining to religious organizations. This research is laborious, but it provides invaluable data on many of the reasons that churches end up in court. This information can serve church leaders well, since it reveals common legal liabilities and risk management concerns that can be addressed—possibly even prevented altogether—by proper planning from pastors, church staff, church boards, and volunteers.

I recently completed my analysis based on cases from 2012. The following issues ranked in the top five:

5) Zoning (5.4 percent of cases). Many of these cases involve claims under the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA” or “the Act”). RLUIPA was enacted by unanimous consent of both the Senate and House of Representatives in 2000. It addresses two areas where religious freedom had been threatened: (1) land use regulation, and (2) persons in prisons, mental hospitals, nursing homes, and similar institutions.

RLUIPA specifies that state and local governments cannot subject religious organizations to a “land use regulation” that imposes a substantial burden on the free exercise of religion unless the law is supported by a compelling governmental interest. The courts have reached conflicting conclusions regarding the application of RLUIPA, and the meaning of a “substantial burden on religious exercise.”

In 2011, zoning cases ranked fourth on my list, indicating a slight decline in litigation on this front in 2012.

Suggestions for a church group in support of a csc returning citizen

This is assuming the returning citizen is a male.

There should be at least 4 men (Mentors) in the group plus a family member. If the family member is female (Wife or sister) then there should be 2 female members added in the group, replacing two of the men.

 

Activities for mentors

Meetings could be monthly or bi-monthly, if bi-monthly, then a meeting could be scheduled for special events such as an upcoming parole hearing or birthday. Opening should be a prayer for the returning citizen and his family, including the victims, and personal prayers at home between meetings. The main purpose for the group is prayer and letter writing, plus possibly being a mentor in the church after the inmate comes home. Letter writing should be organized so that the inmate receives timely letters. At special times such as birthdays and Christmas time, all could send a card with a note of encouragement. Letters should be about spiritual things, sermon that touched you, Bible verses, etc.  Also things going on with the inmate, about yourself and of things in general so as to keep the inmate up to date on what is taking place on the outside of the walls. Mentors should not get into the innocence or the guilty verdict of the inmate, but to encourage him that we are all sinners and that in Christ we all have a future. In other words, we can’t do much about the past, but the future is what really counts. Some of this is designed, so that two or more of the mentors can write personal letters to the parole board.

The family member should not be a mentor, but someone who brings an update on the inmate’s spiritual and daily life in prison. This is designed for the members to become more personable with the inmate. The family member could read a letter from the inmate (edited if need be) or give oral information about the inmate. Especially regarding upcoming events that are stressful for the inmate, plus his work, fears, joys, etc. Keeping in mind that the purpose is to give the members something to write about, because we all know how difficult it is to correspond with a stranger. The family member could encourage the inmate to write a thank you letter and more addressed to the group. The family member should, in behalf of the group, keep the pastor or leadership informed on the group’s activities. Hopefully, the group would come up with some more innovative ways to encourage the inmate and in the end have won over a good friend in the Lord.

There is nothing you can do to change the past!

Written by a returning citizen

 

The only thing you can do is forgive yourself and look to the future. The future is what matters anyway. How do I do that?

First of all I need to believe it if I say I forgive myself and am looking forward but still worrying, thinking, and talking about the past too much.

Then how have I moved on from it?

If I have truly forgiven myself, I will remember the past occasionally, as a reminder, but will be working 100% on the future! I’ve done some heinous acts, ruined other people’s lives.  I don’t deserve to be able to enjoy life, to enjoy fellowship, to be able to smile and be excited. Then why am I still alive? Why don’t I just kill myself like that 14-year-old girl or why doesn’t God kill me if I’m so terrible?

Because I’m a new creation!  I was created to praise and worship God and in that sense be a productive, healthy and loving witness for him. I need to accept the fact that I don’t need to die, but Jesus died in my place to wash my sins away, making me a new creature. To realize that I was created to have hope and a future created in the image of God. That is the only way I can truly forgive myself and the only way I can have a future. Looking to Christ as my example, so that I can enjoy fellowship, persevere through trials. Love my brothers, sisters and neighbors literally, which I meet. Then I have empathy, share experiences and help each other. In this way I can walk in forgiveness of myself and of anyone else.