Category Archives: Religious Freedom
Safeguarding Your Sanctuary – Asset Protection for Churches and Nonprofits
By H. Robert Showers, Esq. Introduction A church or nonprofit’s corporate structure is vital for both its long-term maintenance and day-to-day operations—but a single corporate structure no longer suffices to protect and provide all available advantages. The 21st century has seen an uptick in secular lawsuits that purposefully target churches and religious nonprofits. This,… Read More »
West Virginia’s Complicated Relationship with Church Incorporation
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted… Read More »
What You Need to Know About H.R. 5 (“The Equality Act”)
What You Need to Know About H.R. 5 (“The Equality Act”) By H. Robert Showers, Esq. and William R. Thetford, Esq. April 27, 2021 In the wake of the new administration, Congress has taken up H.R. 5, entitled the Equality Act by its supporters. Evangelical Protestant, Catholic, and Orthodox Jewish groups, as well as… Read More »
Legal Alert: Lawsuit Filed Challenging the Virginia Values Act
Simms Showers attorneys H. Robert Showers and William R. Thetford as local counsel, allied with the Alliance Defending Freedom (ADF), filed a suit challenging the controversial Virginia Values Act in Virginia courts last week. As we wrote previously, Virginia law underwent an unprecedented shift during this year’s legislative session. One of the key changes… Read More »
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others By William R. Thetford, Esq. and H. Robert Showers, Esq. Last Updated: August 25, 2020 The legislative session of 2020 has radically transformed the legal climate of the Commonwealth of Virginia. This article analyzes the controversial Virginia Values Act… Read More »
Liability Looms Large for Religious Organizations after Supreme Court’s Expansive Interpretation of “Sex”
Liability Looms Large for Religious Organizations after Supreme Court’s Expansive Interpretation of “Sex” By H. Robert Showers, Esq. and Kyle D. Winey, Esq. Last Updated: July 13, 2020 As the culture wars reach a fever pitch, the U.S. Supreme Court analyzed, in the recent decision in Bostock v. Clayton County, whether an employee may… Read More »
U.S. Supreme Court Decides For Religious Liberty
After many months of deliberation, the Supreme Court of the United States (“SCOTUS” or “the Court”) found in favor of Jack Phillips, the Masterpiece Cake shop owner, in a 7-2 holding (i.e. seven Justices found in his favor, and two dissented). In short, Masterpiece Cakeshop is a custom bakery owned and operated out of… Read More »
BREAKING LEGAL NEWS: Hobby Lobby and What It Means for Churches and Nonprofits
The Supreme Court recently delivered a decisive, though limited, victory for religious liberty in its decision in Burwell v. Hobby Lobby Stores, Inc. In a 5-4 decision, the Supreme Court held that the Department of Health and Human Services’ (HHS) contraceptive mandate violates the Religious Freedom Restoration Act (RFRA), a statute that was passed… Read More »