Emerging Issue: State Jurisdiction Over Religious Organizations
This panel's discussion touched on why solicitation by religious organizations should be treated differently than solicitation by charitable organizations, the implications of changing societal attitudes toward religious belief, the benefit attorneys general may provide to an organization through involvement with internal matters that have external impacts, the appropriate response to attempts to use religious belief as a shield to all neutral inquiry/investigation, the distinction between “churches” and “religious organizations,” and the feasibility of self-regulation.
Panelists: William P. Marshall, Professor of Law, University of North Carolina School of Law, Former Deputy White House Counsel and Deputy Assistant to President of the United States, Former Solicitor General of Ohio
Lloyd Hitoshi Mayer, Associate Dean for Academic Affairs and Professor of Law University of Notre Dame Law School
Mark E. Chopko, Chair, Nonprofit & Religious Organizations, Stradley Ronon Stevens & Young, LLP
Moderator: Anthony Johnstone, Assistant Professor, The University of Montana School of Law, Solicitor General, Montana
Resources:State Jurisdiction Over Religious Organizations
Brian M. Murray, The Elephant in Hosanna-Tabor, Geo. J.L. Pub. Pol’y (forthcoming 2013), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017258 (Discussing the Supreme Court's failure, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, to clarify which organizations may invoke the ministerial exception immunizing those organizations from suits brought by "ministers" claiming violation of employment discrimination law)