Maryland Church Law Archives - Ferguson, Schetelich, Ballew, P.A.

June 8, 2018

Potential Broad Implications from the Supreme Court’s “Narrow Ruling” in Masterpiece Cakeshop

Few decisions from the United States Supreme Court this term were as anxiously anticipated as that in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Everyone anticipated a close decision where the Court would balance religious liberty against discrimination based on sexual orientation. The decision announced on June 4, 2018 was not close and it did not decide that issue. Instead, it did something much more important. The case concerns Jack Phillips, a Colorado baker and the owner of Masterpiece Cakeshop, which he opened in 1993. In 2012, David Mullins and Charlie Craig, two gay men intending to get married,…

April 30, 2018

Workplace Religious Accommodations and Islamic Prayer

Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement to perform obligatory prayers while at work. Muslims are required by their faith to observe five daily prayers during certain intervals. The performance of the prayer requires preparation in the form of a ritual cleansing, followed by the actual prayer which consists of a series of standing, bowing, and prostrating actions accompanied by recitation of chapters from the Quran. The five daily prayers occur at dawn, mid-day, mid-afternoon, sunset,…

March 13, 2018

Church Law Practice Group Reflects on the Life of Rev. Billy Graham

The following article was written by Firm Principal Thomas Schetelich and appeared in the monthly publication CPN-OnPoint. Mr. Schetelich and his practice group are pleased to represent churches, ministries, and faith-based organizations throughout the region. IN MEMORY OF BILLY GRAHAM I met Billy Graham on July 9, 2006. He was in Baltimore for the Metro-Maryland Festival, featuring his son Franklin as the primary speaker. I was the Chair of the Festival’s Executive Committee, and had been leading the team working on this event for the past three years. The general assumption was that Billy Graham had ended his public speaking career, and…

February 12, 2018

Firm News: Schetelich Receives “Top 100 Attorneys” Award, and More

Ferguson, Schetelich & Ballew is pleased to congratulate Firm Principal Thomas Schetelich for being recognized as one of Maryland’s Top 100 Attorneys based on lifetime legal achievement. The award is based on peer nomination and independent research focusing on professional experience, significant case results, client satisfaction, and public service. Mr. Schetelich was honored for his work in business law and business litigation. Earlier in the month, Mr. Schetelich, along with Firm Principal Jocelyn Szymanowski, were invited by the Child Evangelism Fellowship to present at their annual training for staff and volunteers. Mr. Schetelich and Ms. Szymanowski discussed the recent cases…

January 12, 2018

Major First Amendment Win: Court Sides with FSB on Free Speech Case

Richmond – The United States Court of Appeals for the Fourth Circuit, only one step below the United States Supreme Court, sided with arguments made by the Greater Baltimore Center for Pregnancy Concerns’ attorneys, including those from Ferguson, Schetelich & Ballew, P.A., in a major victory for the First Amendment. The case, which pitted the Greater Baltimore Center for Pregnancy Concerns against the City of Baltimore, touched on one of the core principles of the United States Constitution: the First Amendment protection against compelled speech. The City of Baltimore had passed an ordinance requiring the Center to make postings in…

January 4, 2018

Tolerance is Most Meaningful When it’s Mutual- Supreme Court Arguments in Masterpiece Cakeshop

The developing law concerning religious freedom and same sex marriage was argued before the United States Supreme Court on December 5, 2017 in the case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The case concerns Jack Phillips, a Colorado baker and the owner of Masterpiece Cakeshop, which he opened in 1993. In 2012, David Mullins and Charlie Craig, two gay men intending to get married, came into his bakery and asked him to design a cake for their wedding. Mr. Phillips declined, based on his Christian faith and his religious conviction that marriage was between a man and…

August 8, 2016

New Maryland Case Allows Court to Distribute Assets of Charitable Corporation

A new decision reported by the Court of Special Appeals of Maryland has given a broad definition to what is a “charitable corporation” and also an expansive reading to the power of a court to transfer the assets of a charitable corporation that is not functioning. The case is Sydnor v. Hathaway decided on July 27, 2016. The dispute was between the Union Baptist Church in Baltimore and a charitable corporation that it created, known as the Union Baptist Development Corporation. The Development Corporation had been formed by the Church in 1981 to hold title to property that the Church…

December 28, 2015

Election Year Rules for Churches and Non-Profits

2016 is a national election year, in which Americans will choose their political leaders at every level of elected government. Churches and non-profit organizations have much to say on the issues being debated and have a First Amendment right to have their views heard. The Internal Revenue Code has prohibitions against campaign activity for or against political candidates. This article reviews the state of the law and the current IRS practices. As a first matter, Churches and non-profits have an absolute First Amendment right to speak out on political issues and for or against candidates, however and wherever they choose,…

May 20, 2015

How to Use Christian Mediation

Disputes within churches, or between ministries, can often give rise to legal claims. In litigation, courts will decline to resolve matters of religious doctrine, but try to apply “neutral principles of law” to resolve disputes. But many Christians believe that such disputes should not or cannot be resolved in legal courts, often quoting the verses at I Corinthians 6: 1 – 9 not to even file such an action. The mandate of that Scripture is that such matters should be resolved within the Church. To this end, many churches have dispute resolution ministries. Also, Peacemaker Ministries (www.peacemaker.net) provides a formal…

February 4, 2014

The Historical Roots of Maryland Church Law

Maryland’s law concerning Churches and Religious Corporations grows out of the State’s history of religious freedom, which is the oldest such tradition in the Nation. The General Assembly of Maryland, meeting in St. Mary’s City, adopted The Act of Toleration (formally “An Act Concerning Religion”) on April 21, 1649. This Act secured religious freedom for all Christians “inhabiting, residing, trafficking, trading or commercing within this Province.” The Act established both policy and protection for religious worship: And whereas the enforcing of the conscience in matters of religion hath frequently fallen out to be of dangerous consequence in those commonwealths…

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