Church spires once dominated the skylines of American cities, while rural chapels served as the center of community life in small towns and villages across the country. The church enjoyed the respect of society and the esteem of the culture.

But, the world has changed.

Municipalities across America routinely attempt to zone churches out of prime locations. Sexual identity has become the watchword as secularists seek to replace religious freedom with sexual preference as a cherished American value. Members and non-members often bring litigation against churches for physical injuries sustained during church activities. And, sadly, the number one reason churches currently wind up in court is the sexual abuse of minors.

Emerging Legal Threats to Churches

In analyzing recent trends, we have identified five emerging legal threats that each church should be aware of and ready to address:

1. Sexual Identity vs. Religious Liberty

2. High-Risk Ministry Activities

3. Increasing Secularization of Culture

4. Zoning and Property Issues

5. Sexual Abuse of Minors

In the midst of such a cultural whirlwind, how should your church respond? How do you stay on mission? How can you protect your members and guests from harm?

High-Risk Ministry Activities

Whether you recognize it or not, your church is likely involved in high-risk activities. You might ask, “How can singing in the choir, listening to a sermon, or attending a missions service be high risk?” Those events by themselves likely aren’t, but ministry to today’s young adults, youth, children, and even seniors often involves at least some level of high adventure and risk.

Examples of High-Risk Activities

Skiing down the winter slopes, overnight camping, rappelling off a mountain, white-water rafting, or even a good old-fashioned game of dodgeball can draw young people to your church but can also result in serious injury or even death if not carefully managed.

However, an event doesn’t need to be that exciting or adventurous to be high-risk. Simply running a daycare, pre-school, or Sunday school can be a high-risk activity because of the involvement of children. Transporting senior citizens to view Christmas lights or an Easter play can be just as high-risk, depending on the transportation policies employed by the church.

Because churches are more engaged in high-risk activities than ever, these activities are emerging as a legal threat. How do you protect your members and your church?

Establish a High-Risk Activity Policy

• Determine ahead of time what types of events your church will conduct.

• Specify the number of event supervisors required per participant.

Take Necessary Precautions

1. Engage Experienced Vendors: Whenever your church engages in a high-risk activity, enlist the services of an experienced vendor who specializes in sponsoring and supervising the specific high-risk activity you’ve chosen.

2. Obtain Consent and Indemnity Forms: Require all parents and guardians of minors to sign a parental consent and indemnity form. All participants should sign an assumption of risk form and a release from liability form (though these are not effective for minors).

3. Provide Training: Offer appropriate training for all leaders and participants in the events.

4. Document Health and Emergency Information: Ensure participants have health insurance and provide an emergency contact before the event, as well as a consent to treatment form.

Implement a Transportation Policy

Recently, a church van crashed in Florida, resulting in eight fatalities. Unfortunately, there were 18 people in the 15-passenger van, with all the children unbuckled. The best way to prevent such a tragedy at your church is to implement and follow a transportation policy that requires all vehicles to be in excellent mechanical condition, all drivers to be screened and trained, and all laws to be obeyed.

Incorporate the Church

If your church is not incorporated, contact an attorney who practices in church/non-profit corporate law to assist you in incorporating the church as soon as possible. Incorporation shields the members of the church from personal liability as long as they were not personally involved in any wrongdoing.

Reynolds Law Group Can Help

For information about how Reynolds Law Group, PLLC can help protect your church against this emerging threat, contact our team by clicking the button below.