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Selected Works

Lloyd Hitoshi Mayer

2016

Church

Articles 1 - 2 of 2

Full-Text Articles in Law

Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer Oct 2016

Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition …


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer Oct 2016

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation.This paper describes how such federal and state protections limit state regulation of religious organizations under current case …