Dalton and Tomich white logo

Category: Nonprofits

First Amendment

Faith, Abstinence, and Federal Funds: The Evolving Scope of the Church Autonomy Doctrine in Tassinari v. The Salvation Army

The Tassinari decision will undoubtedly serve as a crucial benchmark for future litigation concerning faith-based non-profits and federal funding. By focusing squarely on the nature of the space and program rather than the defendant’s global corporate identity, the court established a functional, context-dependent test for church autonomy. If a religious organization maintains a program where the primary, non-severable objective is evangelism, and where participants are explicitly required to engage in religious life as a condition of entry, that program will likely receive the highest level of First Amendment protection—even if the parent organization receives federal support elsewhere.

Read More »
Church Property Disputes/Denominational Splits

Wimber v. Scott: A Case Study on the Primacy of Corporate Law and Ecclesiastical Abstention in Church Governance

The profound significance of this ruling is twofold. It underscores that informal, relational “membership” and unwritten expectations are legally insufficient. For a religious organization, strong, formal corporate governance and well-documented policies are the essential foundation for legal autonomy and self-preservation. The case powerfully demonstrates that a religious body’s ability to protect its mission and assets is contingent on its willingness to align its internal structure with secular corporate law and constitutional principles. The Wimber decision highlights a clear synergy between adhering to secular corporate law and leveraging constitutional protections.

Read More »
Church Property Disputes/Denominational Splits

Navigating a Schism: An Analysis of the Texas Supreme Court’s Landmark Decision in Southern Methodist University v. Texas Annual Conference of the United Methodist Church

The legal dispute between Southern Methodist University (SMU) and the United Methodist Church’s (UMC) South Central Jurisdictional Conference is a multifaceted case rooted in a century-old relationship. At its core, the conflict arose from SMU’s unilateral decision in 2019 to amend its articles of incorporation and declare independence from the UMC, a move that directly contravened the university’s founding documents. This action, which was precipitated by the UMC’s internal doctrinal conflicts over LGBTQ+ issues, sparked a protracted legal battle that ascended to the Texas Supreme Court.

Read More »
Attorney Advertising Disclaimer

Please note that this website may be considered attorney advertising in some states. Prior results described on this site do not guarantee similar outcomes in future cases or transactions.