Church Law

The Supreme Court of Maryland has issued a decision in the case of Doe v. Catholic Relief Services that clarifies the religious exception in the Maryland Fair Employment Practices Act.  Ferguson, Schetelich & Ballew was legal counsel on an Amicus Brief filed in favor of an expansive reading of the statutory protection for religious organizations. The issue before the Court was whether the prohibition against employment discrimination on the basis of sexual orientation applies to employees of a religious organization, and if so to which employees.  The issue had reached the Court as a certified question from the United States…

Ferguson, Schetetelich & Ballew has recently completed a successful appeal preserving the property tax exemption of a historic church and its attached parsonage in Montgomery County.   Maryland law provides non-profit charitable organizations the right to apply for and receive a property tax exemption for the real property it owns and operates. The right to such an exemption is subject to specific statutory requirements.  Maryland law distinguishes the statutory requirements for the property tax exemption available to non-profits versus that available to churches and religious corporations.   Property owned by a nonprofit hospital, a nonprofit charitable, fraternal, educational, or literary…

In April 2023, Governor Wes Moore signed into law a bill greatly expanding-- prospectively and retroactively-- the right of individuals to bring civil claims for sexual abuse which they allege occurred when they were minors. There is not a more sympathetic group of individuals than those who suffered abuse as minors at the hands of adults in positions of authority. The fact that the bill’s lead sponsor had his own personal experience with such abuse makes the legislative push for change even more understandable. At the same time, the breadth of the changes, particularly those that apply retroactively, raises legitimate…

Starting in calendar year 2023, many corporate entities required to file an Annual Report with the Maryland State Department of Assessments and Taxation (“SDAT”) will be required to complete the new Corporate Diversity Addendum.  The bill requiring this filing was passed in 2021, became effective on July 1, 2022, and is codified in Section 19-106 of the Business Regulation Article and Section 11-101 of the Tax-Property Article of the Maryland Code. There are two separate parts of the newly required Diversity Addendum.  The first part requires the entity to identify what “underrepresented communities” are on the entity’s board or in its executive…

The Bethesda Meeting House is one of the most historic churches in Maryland.  It is on the National Register of Historical Places and was originally the home of the Bethesda Presbyterian Church which was founded in 1746.  The church was built in 1820, and then restored after a fire in 1849.  A mance was constructed on the site in 1851 as the residence for its pastor, and later expanded into a parsonage.  In 1872, the community which had grown up around it was formally named Bethesda because of the Bethesda Meeting House. But the building has fallen into disrepair in…

The Court of Special Appeals of Maryland has unanimously affirmed a Circuit Court decision that addresses both questions of church property ownership and the legal standards for trustees of a religious corporation. The case is Christ the Truth Ministries v. Mountain of Fire & Miracles Ministries. Thomas Schetelich had tried and won the case in the Circuit Court for Prince George’s County, and now (with Jonathan Nelson) successfully briefed and argued the case on appeal. The case concerned the recovery of assets from trustees who had breached their fiduciary duties, and transferred the assets of the religious corporation, to another newly…

As the COVID-19 vaccination program continues to roll out over the course of 2021, churches may be considering vaccination requirements for attendance at its religious services and events. This raises the question – is this legal, and if so, what are the possible implications? In general, churches and ministries can prevent attendees from participating in religious services and ministry activities if he or she has not been vaccinated, with some exemptions. It has become common during the COVID-19 pandemic for businesses, medical offices, and other public places to inquire about a person’s COVID-19 status. Screening questions such as whether someone…

Thomas Schetelich argued a case of church law before the Court of Special Appeals of Maryland that could define the legal standards for trustees of a religious corporation. The case is Christ the Truth Ministries v. Mountain of Fire & Miracles Ministries. Mr. Schetelich had tried and won the case in the Circuit Court for Prince George’s County concerning the recovery of assets from trustees who had breached their fiduciary duties, and transferred the assets of the religious corporation they were serving, to another newly formed church that they intended to affiliate with. The Circuit Court had ruled that the…