Law Meets Gospel
Law Meets Gospel informs faith communities about legal and law-related issues. Each episode addresses a legal or legal-related issue that leaders in churches, synagogues, mosques, temples, and other religious communities face as part of day-to-day business. Host Josh Tatum is an Indianapolis lawyer who works with faith communities, nonprofits, businesses, and individuals across the country on a variety of legal issues. He earned joint degrees in law and theology from Vanderbilt University. Josh practices at Plews Shadley Racher & Braun LLP.
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Ten Tips for More Efficient Meetings
08/16/2022
Ten Tips for More Efficient Meetings
Based on my experience with meetings good and bad, I’ve compiled some tips from both practical and parliamentary sources to get any group on the right track. Start on time. Identify the meeting’s goals and each agenda item’s goal ahead of time. Set time limits for each agenda item. Have all reports submitted in writing with enough advance time for board members to read them, and have any recommendations for action highlighted in the reports. Use unanimous consent for uncontroversial questions. . Ask for any changes. If there are none, the minutes are adopted by unanimous consent. When a report contains only information and not any recommendations for action, don’t vote on it. When a motion comes from a committee, don’t ask for a second. The committee is presumed to include at least two in favor of its consideration. (Also, in small boards—about a dozen or fewer—motions need not be seconded.) Clearly articulate any desired action, typically in the form of a motion, to focus discussion. Don’t wait until the end of discussion to make a motion. If you’ve finished all business contained in the agenda, don’t vote to adjourn. After giving everyone an opportunity to present additional business, just adjourn.
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1750 Luther’s Legacy on Church and State
11/10/2021
1750 Luther’s Legacy on Church and State
Josh concludes his conversation with Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, this time exploring the legacy of Luther's thought on Western society's concepts of religion and government.
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1749 Luther on Government's Role in Religion
09/28/2021
1749 Luther on Government's Role in Religion
Josh continues his conversation with , coauthor of , this time focusing on Luther’s attitudes about government’s role in governing religion.
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1748 Luther on Church and Government
09/21/2021
1748 Luther on Church and Government
, coauthor of , shares some of the attitudes and work of Martin Luther toward the relationship of Church and government.
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1747 Law in Luther's Day
11/29/2017
1747 Law in Luther's Day
Before Martin Luther became a monk, he was a rather successful student whose father encouraged his path into the study of law. Informed in part by his brief stint in law school and other encounters with lawyers in his day, he developed a distaste and distrust for the profession as a whole. , coauthor of , helps explain what a lawyer did in sixteenth-century Germany, what studying the law would have been like, and what Luther thought about the law. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1746 Building a Culture of Accountability
11/21/2017
1746 Building a Culture of Accountability
When organizations lack accountability mechanisms, they can become stagnant. When someone suggests implementing some accountability or asks specific questions about current practices, the person responsible for that aspect of the faith community's life often takes it as a personal attack. But when a community values accountability as a necessary part of good stewardship, moments of accountability can serve to improve the organization's mission. Developing a culture of accountability takes time, but the process can be served by bringing in an outsider without personal connections to share what best practices look like. The three areas to focus on first in developing this culture are finances, child protection, and employee evaluation. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1745 Authority to marry
11/07/2017
1745 Authority to marry
All states authorize clergy to perform marriage ceremonies. But each state has its own definitions and procedures. For example, some states have narrow definitions of who qualifies as clergy, sometimes even requiring registration. And the consequences of not following these procedures can fall on both the marrying couple and the minister. Related (July 11, 2013) Congratulations, Amy and Hunter! Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1744 Reformation 500!
10/31/2017
1744 Reformation 500!
October 31, 2017, marks the five hundredth anniversary of Martin Luther's ninety-five theses, which sparked the Reformation. The ripples of the Reformation still can be seen in the Church and society. Law Meets Gospel marks the occasion with Josh explaining the inspiration for several aspects of the podcast. Law Meets Gospel is inspired by Luther's teaching about Law and Gospel within Christian scriptures. Josh's sign-off, "As you work to meet the worlds need, be wise, be bold, and be joyful." is inspired by two quotes. First, Frederick Buechner's writing, "The place God calls you is the place where your deep gladness and the world's deep hunger meet." Second, Luther's advice in a letter to Philip Melanchthon, "Be a sinner and sin boldly, but believe and rejoice in Christ even more boldly." Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1743 Gifts received after dissolution
10/24/2017
1743 Gifts received after dissolution
What happens when someone gives a gift to a religious organization that no longer exists? Leaders should consider several things before dissolving an organization to make the answer more certain. First, ensure the organization uses clear language that is also consistent with applicable statutes. Second, determine whether any denominational entity has already been designated as a corporate successor. Third, if there is no denominational entity, consider designating a corporate successor. Fourth, communicate with all community members and supporters and invite those who include the organization in their estate planning to inform the leaders. Finally, when communicating with planned donors, make sure to communicate whether there is a designated corporate successor, so they can include a contingency plan in their estate documents if they wish. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1742 Housing allowance decision
10/18/2017
1742 Housing allowance decision
The federal district court for the Western District of Wisconsin recently held that the Tax Code's housing allowance violates the First Amendment's Establishment Clause. The decision in , (W.D. Wis., Oct. 6, 2017), deals with . It does not affect the exemption from taxed income based on the value of a church-owned home, traditionally referred to as a parsonage, which is found in 26 U.S.C. § 107(1). Josh explains how the housing-allowance exemption works, why the court concluded it is unconstitutional, and what ministers and religious organizations should look for as the case progresses. For more, see this earlier collecting coverage of the decision. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1741 What to do with assets when a worshiping community closes
10/10/2017
1741 What to do with assets when a worshiping community closes
If history is any indication, every worshiping community's life ends sometime. If that happens under the U.S. Tax Code, there are limits on how assets must be distributed. Musical instruments, books, and furnishings can't just be given to the donors who funded them. Fair prices must be received. And any assets left at the end of the legal entity's existence must be transferred to another charitable entity, like another house of worship, a denominational entity, relief agencies, or social service providers.
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1740 Responding to allegations of sex abuse
10/03/2017
1740 Responding to allegations of sex abuse
What should you do if a leader of your religious organization is accused of sexual abuse? Assess the facts. Contact and coordinate with law enforcement. Contact denominational leaders. Disclose the facts to the congregation and invite other victims to report. Offer counseling to victims. Call your insurer. Prepare for negative responses and turbulent times. And remember that you're not alone. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1739 Website privacy policies
09/26/2017
1739 Website privacy policies
If your religious organization has a website, it should have at least a basic privacy statement informing users what information you collect on the site, who has access to it, what you do with it, and how you protect it. Resources Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1738 Privacy and photos
09/19/2017
1738 Privacy and photos
Religious organizations should be respectful when posting photos, videos, and audio from public events they host. Although nonprofits are exempt from the Child Online Privacy Protection Act (COPPA), they should adhere to its requirements for children under thirteen to respect children's privacy and avoid possible regulatory implications. Before posting, it's best to obtain permission from adults and parents, which can be done by announcing that photos will be used for promotional materials and inviting those with concerns to speak with a representative or obtaining the permission on registration or permission slips. To protect privacy further, you can post only to online pages that are protected, for example a password-protected page on your organization's site or an invitation-only Facebook page. It's also a good idea to avoid including names in captions and file names to decrease the likelihood that someone can find the image. Resources Church Website Ideas: "" Central Texas Conference of the United Methodist Church: "" United Methodist Church Communications: ““ ELCA resource: ““ Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1737 Child Online Privacy Protection Act
09/12/2017
1737 Child Online Privacy Protection Act
Religious organizations and other nonprofits are not subject to the rules under the Child Online Privacy Protection Act (COPPA), but COPPA's rules provide a good example of how to deal with information collected from children under 13. It requires verifiable parent consent, online privacy statements, and options for parents to control how providers use their children's information. Since it sets the standard in the United States for protecting children online, Josh encourages religious organizations to follow its rules even when they aren't required to do so. Resources FTC video: "" United Methodist Church Communications: "" ELCA resource: "" Wikipedia: "" Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1736 Obama overtime rules overturned
09/05/2017
1736 Obama overtime rules overturned
A federal court declared Obama-era overtime rules invalid just in time for Labor Day. On August 31 the U.S. District Court for the Eastern District of Texas issued an order explaining that rules implemented under the Fair Labor Standards Act (FLSA) during the last months of the Obama administration overreached the Labor Department’s ability to interpret FLSA. The decision can be found here: . The same court issued a preliminary injunction in November 2016 that prevented the rule from going into effect on December 1, 2016, as the Obama administration planned. The district court’s final judgment likely means the rule that more than doubled the previous minimum salary requirements to exempt employees from minimum-wage and overtime requirements is permanently defeated. Josh explains how the decision affects religious organizations. For more about overtime requirements, check out these: —with and (January 3, 2017) —with and (January 10, 2017) —with and (January 17, 2017) (Aug. 22, 2017) (Sept. 4, 2017) ChurchLaw&Tax infographic: "" Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1735 Authority to enter contracts
08/29/2017
1735 Authority to enter contracts
How do you know whether a representative has the authority to enter into an agreement on behalf of an organization? In short, the governing documents and resolutions of the board of directors can authorize a representative. But many organizations are not careful with following these formalities. Josh discusses what can go wrong when they don't, using the case discussed in as an example. Related , (N.Y. Sup. Ct.., June 30, 2017) Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1734 Stop using comp time with nonexempt employees
08/22/2017
1734 Stop using comp time with nonexempt employees
Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn't true. If an employee is subject to the Fair Labor Standards Act (FLSA), that employee must be paid time and a half for any time worked over forty hours in a seven-day work week. While some church employees may not be subject to FLSA, for those employees who do, it's important to comply and pay overtime. For exempt employees and employees who are not subject to FLSA, these questions are likely decided by state law. See the notes below for resources on determining which employees are subject to FLSA and how to deal with comp time with exempt employees. For more about overtime requirements, check out these episodes: —with and (January 3, 2017) —with and (January 10, 2017) —with and (January 17, 2017) For more reading material, check these out: Here’s a helpful blog post going into more details about FLSA and compensatory time: Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1733 Practical effect of Trinity Lutheran
08/15/2017
1733 Practical effect of Trinity Lutheran
The conclusion of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the about the recent U.S. Supreme Court decision . Dave and Josh talk about the possible practical implications of the decision, including what we might expect in future litigation. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1732 Cases remanded after Trinity Lutheran
08/08/2017
1732 Cases remanded after Trinity Lutheran
The third part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the about the recent U.S. Supreme Court decision . Dave and Josh talk about two cases remanded by the Supreme Court. One involves a voucher program in Colorado. The other involves a textbook-renting program in New Mexico. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1731 Trinity Lutheran Church v. Comer dissent
08/01/2017
1731 Trinity Lutheran Church v. Comer dissent
The second part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the about the recent U.S. Supreme Court decision . Dave and Josh talk about the separate opinions by Justice Stephen Breyer, who concurred only in the judgment favoring the church, and Justice Sonia Sotomayor. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1730 Trinity Lutheran Church v. Comer decision
07/25/2017
1730 Trinity Lutheran Church v. Comer decision
Josh talks with Dave Roland, the Director of Litigation and cofounder of the about the recent U.S. Supreme Court decision . [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] See also Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1729 Conflicts of Interest overview
07/18/2017
1729 Conflicts of Interest overview
Conflicts of interest are an inevitable part of doing any business, including for religious organizations. Josh talks about what a conflict of interest is, potential downfalls resulting from mishandling conflicts of interest, and key practices to handle conflicts of interest responsibly. Churches and other faith organizations should use disclosure statements annually to identify potential conflicts, adopt policies about how to handle conflicts, and regularly follow up and update these documents. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1728 Whether and How to Act without Meeting
07/11/2017
1728 Whether and How to Act without Meeting
In most jurisdictions, to do business in an organization requires either a meeting or a unanimous written consent. In this episode, Josh discusses some of the reasons religious groups might not allow decision-making without a meeting, the minimum requirements of a meeting, and how to act without meetings, namely through unanimous written consent. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1727 Should Consensus Be in Our Governing Documents?
07/04/2017
1727 Should Consensus Be in Our Governing Documents?
Consensus is a noble goal in leading organizations to action. But when organizations require consensus, it can lead to a different kind of tyranny when one dissenter stands in the way of doing anything. Josh shares some thoughts about how best to value consensus without requiring it in governing documents. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1726 How to Avoid Copyright Infringement
07/01/2017
1726 How to Avoid Copyright Infringement
From educational materials to hymns and worship, worshiping communities and other religious organizations use content created by others every day. Attorney Randall Cloe explains how licensing of copyrighted materials. He discusses the various clearinghouses to find licenses for music. He outlines the potential consequences of infringing copyright. And he and Josh briefly discuss the exception for religious materials used in worship. [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1725 Copyright for Religious Creators
06/20/2017
1725 Copyright for Religious Creators
Churches, synagogues, mosques, and other houses of worship and religious organizations, their employees, and their volunteers create content every day. To what degree should they worry about protecting it? How does copyright law provide them rights to protect them? Attorney Randall Cloe gives tips on copyrighted material for creators. He tells listeners when to take the step of registering copyrighted material and how to enforce when someone infringes copyright. And he explains how long copyright protections last. [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1724 Copyright Overview for Religious Organizations
06/13/2017
1724 Copyright Overview for Religious Organizations
Copyright is the most important category of intellectual property for religious organizations. Attorney Randall Cloe explains what is covered by copyright law. Copyright is created at the time of creation. Holders of copyright are granted the following rights: reproduction, derivatives, distribution, performance, display, performance by digital audio transmission, attribution, and integrity. [caption id="" align="alignleft" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] Cloe Legal, LLC is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1723 Intellectual Property Overview for Religious Organizations
06/07/2017
1723 Intellectual Property Overview for Religious Organizations
Religious organizations use and create intellectual property every day. But what is intellectual property? Attorney Randal Cloe of Carmel, Indiana, [caption id="" align="alignright" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] explains the history of protections for intellectual property in American law. The protections seek to protect the fruits of creators' labor. Intellectual property can be divided into three main categories: patents, trademarks, and copyrights. Cloe describes how to determine which category applies and the consequences of violating another's intellectual-property rights. is a law firm established to counsel individuals, start-ups and small business owners on business matters such as entity selection, formation, transactions, intellectual property, and internet law. Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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1722 The Freedom Center of Missouri
06/07/2017
1722 The Freedom Center of Missouri
Josh talks with Dave Roland, the Director of Litigation and cofounder of the about the center's mission. The Freedom Center of Missouri is a nonprofit, nonpartisan organization dedicated to research and public-interest litigation in six key areas: freedom of expression, economic liberty (the right to earn a living), property rights, religious liberties, limited government, and government transparency. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center of Missouri[/caption] Josh and Dave first met when they were both studying at Vanderbilt University, where they both earned graduate degrees in theology jointly with their law degrees. Dave talks about his path from pursuing ministry to law school, working for the Institute for Justice and the Becket Fund, then moving with his wife and cofounder Jenifer Zeigler Roland to Missouri to work at the Show Me Institute. Finally, they began the Freedom Center of Missouri in Jenifer's hometown of Mexico, Missouri. Josh and Dave discussed the following organizations with similar goals as the Freedom Center of Missouri, three of which Dave worked for: Religious Liberty for All (litigating for economic liberty, school choice, private property, and First Amendment liberties) Where Liberty Comes First Subscribe to the Law Meets Gospel Podcast Support the Law Meets Gospel Podcast Sign up to contribute an amount you choose for each episode the Law Meets Gospel Podcast publishes.
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