Law Meets Gospel
by Josh S. Tatum
Law Meets Gospel informs faith communities about legal and law-related issues. Each episode addresses a legal or legal-related issue that leaders in churches, synagogues, mosques, temples, and other religious communities face as part of day-to-day business. Host Josh Tatum is an Indianapolis lawyer who works with faith communities, nonprofits, businesses, and individuals across the country on a variety of legal issues. He earned joint degrees in law and theology from Vanderbilt University. Josh practices at Plews Shadley Racher & Braun LLP.
Episodes
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Restricted Gifts: The Basics Churches Need to Know
After a four-year hiatus, Law Meets Gospel returns to celebrate 2026's International Podcast Day with a common issue religious organizations deal with: restricted gifts. In this episode, Josh goes over restricted gifts, unrestricted gifts, and internal designations. He discusses how restricted...
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Ten Tips for More Efficient Meetings
Based on my experience with meetings good and bad, I've compiled some tips from both practical and parliamentary sources to get any group on the right track. Start on time. Identify the meeting's goals and each agenda item's goal ahead of time. Set time limits for each agenda item. Have all…
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1750 Luther's Legacy on Church and State
Josh concludes his conversation with Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, this time exploring the legacy of Luther's thought on Western society's concepts of religion and government.
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1749 Luther on Government's Role in Religion
Josh continues his conversation with Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, this time focusing on Luther's attitudes about government's role in governing religion.
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1748 Luther on Church and Government
Derek Nelson, coauthor of Resilient Reformer: The Life and Thought of Martin Luther, shares some of the attitudes and work of Martin Luther toward the relationship of Church and government.
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1747 Law in Luther's Day
Before Martin Luther became a monk, he was a rather successful student whose father encouraged his path into the study of law. Informed in part by his brief stint in law school and other encounters with lawyers in his day, he developed a distaste and distrust for the profession as a whole. Derek...
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1746 Building a Culture of Accountability
When organizations lack accountability mechanisms, they can become stagnant. When someone suggests implementing some accountability or asks specific questions about current practices, the person responsible for that aspect of the faith community's life often takes it as a personal attack. But…
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1745 Authority to marry
All states authorize clergy to perform marriage ceremonies. But each state has its own definitions and procedures. For example, some states have narrow definitions of who qualifies as clergy, sometimes even requiring registration. And the consequences of not following these procedures can fall on...
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1744 Reformation 500!
October 31, 2017, marks the five hundredth anniversary of Martin Luther's ninety-five theses, which sparked the Reformation. The ripples of the Reformation still can be seen in the Church and society. Law Meets Gospel marks the occasion with Josh explaining the inspiration for several aspects of...
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1743 Gifts received after dissolution
What happens when someone gives a gift to a religious organization that no longer exists? Leaders should consider several things before dissolving an organization to make the answer more certain. First, ensure the organization uses clear language that is also consistent with applicable statutes....
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1742 Housing allowance decision
The federal district court for the Western District of Wisconsin recently held that the Tax Code's housing allowance violates the First Amendment's Establishment Clause. The decision in Gaylor v. Mnuchin, (W.D. Wis., Oct. 6, 2017), deals with 26 U.S.C. § 107(2). It does not affect the exemption...
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1741 What to do with assets when a worshiping community closes
If history is any indication, every worshiping community's life ends sometime. If that happens under the U.S. Tax Code, there are limits on how assets must be distributed. Musical instruments, books, and furnishings can't just be given to the donors who funded them. Fair prices must be received....
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1740 Responding to allegations of sex abuse
What should you do if a leader of your religious organization is accused of sexual abuse? Assess the facts. Contact and coordinate with law enforcement. Contact denominational leaders. Disclose the facts to the congregation and invite other victims to report. Offer counseling to victims. Call…
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1739 Website privacy policies
If your religious organization has a website, it should have at least a basic privacy statement informing users what information you collect on the site, who has access to it, what you do with it, and how you protect it. Resources Does Your Church or Ministry Website Have a Privacy Policy?...
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1738 Privacy and photos
Religious organizations should be respectful when posting photos, videos, and audio from public events they host. Although nonprofits are exempt from the Child Online Privacy Protection Act (COPPA), they should adhere to its requirements for children under thirteen to respect children's privacy…
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1737 Child Online Privacy Protection Act
Religious organizations and other nonprofits are not subject to the rules under the Child Online Privacy Protection Act (COPPA), but COPPA's rules provide a good example of how to deal with information collected from children under 13. It requires verifiable parent consent, online privacy...
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1736 Obama overtime rules overturned
A federal court declared Obama-era overtime rules invalid just in time for Labor Day. On August 31 the U.S. District Court for the Eastern District of Texas issued an order explaining that rules implemented under the Fair Labor Standards Act (FLSA) during the last months of the Obama…
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1735 Authority to enter contracts
How do you know whether a representative has the authority to enter into an agreement on behalf of an organization? In short, the governing documents and resolutions of the board of directors can authorize a representative. But many organizations are not careful with following these formalities....
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1734 Stop using comp time with nonexempt employees
Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn't true. If an employee is subject to the Fair Labor Standards Act (FLSA), that...
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1733 Practical effect of Trinity Lutheran
The conclusion of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the possible practical implications of the decision, including...
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1732 Cases remanded after Trinity Lutheran
The third part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about two cases remanded by the Supreme Court. One involves a voucher...
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1731 Trinity Lutheran Church v. Comer dissent
The second part of Josh's discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the separate opinions by Justice Stephen Breyer, who concurred...
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1730 Trinity Lutheran Church v. Comer decision
Josh talks with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. [caption id="" align="alignnone" width="150"] Dave Roland, Executive Director and cofounder of the Freedom Center…
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1729 Conflicts of Interest overview
Conflicts of interest are an inevitable part of doing any business, including for religious organizations. Josh talks about what a conflict of interest is, potential downfalls resulting from mishandling conflicts of interest, and key practices to handle conflicts of interest responsibly. Churches...
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1728 Whether and How to Act without Meeting
In most jurisdictions, to do business in an organization requires either a meeting or a unanimous written consent. In this episode, Josh discusses some of the reasons religious groups might not allow decision-making without a meeting, the minimum requirements of a meeting, and how to act without...
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1727 Should Consensus Be in Our Governing Documents?
Consensus is a noble goal in leading organizations to action. But when organizations require consensus, it can lead to a different kind of tyranny when one dissenter stands in the way of doing anything. Josh shares some thoughts about how best to value consensus without requiring it in governing...
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1726 How to Avoid Copyright Infringement
From educational materials to hymns and worship, worshiping communities and other religious organizations use content created by others every day. Attorney Randall Cloe explains how licensing of copyrighted materials. He discusses the various clearinghouses to find licenses for music. He outlines...
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1725 Copyright for Religious Creators
Churches, synagogues, mosques, and other houses of worship and religious organizations, their employees, and their volunteers create content every day. To what degree should they worry about protecting it? How does copyright law provide them rights to protect them? Attorney Randall Cloe gives…
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1724 Copyright Overview for Religious Organizations
Copyright is the most important category of intellectual property for religious organizations. Attorney Randall Cloe explains what is covered by copyright law. Copyright is created at the time of creation. Holders of copyright are granted the following rights: reproduction, derivatives,...
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1723 Intellectual Property Overview for Religious Organizations
Religious organizations use and create intellectual property every day. But what is intellectual property? Attorney Randal Cloe of Carmel, Indiana, [caption id="" align="alignright" width="150"] Randall D. Cloe, Owner of Cloe Legal, LLC[/caption] explains the history of protections for…
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1722 The Freedom Center of Missouri
Josh talks with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the center's mission. The Freedom Center of Missouri is a nonprofit, nonpartisan organization dedicated to research and public-interest litigation in six key areas: freedom of expression,...
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1721 What is a Blaine Amendment?
[caption id="" align="alignright" width="170"] James G. Blaine in the 1870s[/caption] The U.S. Supreme Court heard oral arguments in Trinity Lutheran Church v. Comer on April 19, 2017. The church is challenging Missouri's exclusion of religious groups from the state's grant program for playground...
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1720 Trinity Lutheran oral argument
The U.S. Supreme Court heard oral arguments in Trinity Lutheran Church v. Comer on April 19, 2017. The church is challenging Missouri's exclusion of religious groups from the state's grant program for playground surfaces. Josh speaks with Dave Roland of the Freedom Center of Missouri about the...
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1719 Background on Trinity Lutheran v. Comer
The U.S. Supreme Court is considering a case in which a church asserts that Missouri's exclusion of religious organizations from a generally available grant program for playground surfaces violates the Free Exercise protection of the First Amendment and Equal Protection clause of the Fourteenth...
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1718 Faith communities helping immigrants
There are many ways that faith communities can help immigrants make their way after they arrive in the United States. In this episode, immigration lawyer Dallin Lykins shares some of these, how the current political debates about immigration affect immigrants' experiences of American life, how…
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1717 Sanctuary Movement and Immigration
[caption id="attachment_397" align="alignleft" width="300"] Used under Creative Commons license by Nick Youngson at http://NYPhotographic.com through http://picserver.org/i/immigration.html[/caption] During a heightened time of debate and anxiety, many faith communities have joined or are...
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1716 DACA and possible changes to immigration policy
Immigration law affects every employer, including religious organizations. [caption id="" align="alignright" width="193"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Dallin Lykins of Lewis & Kappes in Indianapolis explains Deferred Action for...
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1715 Immigration law basics with Dallin Lykins
[caption id="" align="alignright" width="188"] Dallin Lykins represents clients in matters involving a host of immigration issues.[/caption] Immigration law affects every employer, including religious organizations. Dallin Lykins of Lewis & Kappes in Indianapolis provides religious and other...
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1714 Religious Exemptions to Legal Requirements
American law has many protections of religious freedom. Among these are various means by which religious people and organizations can seek exemptions from otherwise-applicable legal requirements when those rules would burden their religious beliefs. This episode discusses the development of those...
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1713 Reasons Not to Use Robert's Rules
While I advise to use the current edition of Robert's Rules and explained several reasons in the last episode, there are also good reasons to use a different parliamentary authority. Here are three: It's one size fits all. Much of the procedures included in Robert's Rules are unneeded for the...
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1712 5 Reasons to Use Robert's Rules of Order
Parliamentary experts differ on whether to use Robert's Rules of Order or a different set of rules for meetings. I recommend Robert's Rules for many reasons. Here are five: It's by far the most popular and well-known set of parliamentary rules in the United States. It addresses pretty much every...
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1711 Safety valves for office terms
The U.S. Court of Appeals recently interpreted Indiana's Nonprofit Corporation Act to decide whether the term of a director for a family foundation had ended. If it had, her reelection and a gift from the foundation would be void. But the statute, the foundation's bylaws, and the electing...
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1710 State Nonprofit Statutes
It's important to understand your state's statute governing how not-for-profit organizations do business. Statutes have mandatory rules, default rules, and minimum standards. Not understanding these provisions can cause problems. Find the text of the American Bar Association's 2008 Model…
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1709 Three Reasons to Follow Your Bylaws
Follow your bylaws! They are a contract among members, set out the community's identity, and are the ultimate authority if a dispute arises. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets…
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1708 What might repealing the Johnson Amendment mean?
What are the consequences of repealing the Johnson Amendment? Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel @LawMeetsGospel www.facebook.com/LawMeetsGospel Support the Law Meets Gospel Podcast Patreon.com Sign up to contribute an amount you choose for each…
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1707 Is the Johnson Amendment Constitutional?
Does the prohibition against 501(c)(3)s, including churches, supporting or opposing political candidates pass constitutional muster? What are the main arguments for repealing the prohibition? These are the opinions from one of the cases discussed: Branch Ministries v. Rossotti, 211 F.3d 137...
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1706 What's the Johnson Amendment?
President Trump promises to "totally destroy" the Johnson Amendment. What's the Johnson Amendment? This episode answers that question: what it is, why it's the law, what political activity it prohibits, and what political activity it doesn't. Subscribe to the Law Meets Gospel Podcast iTunes RSS...
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1705 How to deal with FLSA noncompliance
Josh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and...
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1704 Strategies for FLSA changes
Josh talks with Shelley Jackson and Pastor John Hickey about the Obama administration's proposed changes to the Fair Labor Standards Act (FLSA) regulations, the court stay, and strategies for employers to consider while the final rule is uncertain. Subscribe to the Law Meets Gospel Podcast iTunes...
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1703 Overtime rules part 3
Josh talks with Shelley Jackson and Pastor John Hickey about characteristics that might cause the Fair Labor Standards Act (FLSA) to apply to a church and to categories of employees, especially clergy. Subscribe to the Law Meets Gospel Podcast iTunes RSS Connect to Law Meets Gospel…
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About this show
Law Meets Gospel informs faith communities about legal and law-related issues. Each episode addresses a legal or legal-related issue that leaders in churches, synagogues, mosques, temples, and other religious communities face as part of day-to-day business. Host Josh Tatum is an Indianapolis lawyer who works with faith communities, nonprofits, businesses, and individuals across the country on a variety of legal issues. He earned joint degrees in law and theology from Vanderbilt University. Josh practices at Plews Shadley Racher & Braun LLP.
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Josh S. Tatum
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