The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) was enacted to combat widespread discrimination against individuals and institutions seeking to use land for religious purposes. Unfortunately, discriminatory zoning codes are still a reality today. One such reality involves religious individuals or organizations seeking to use property for transitional homes, women’s shelters, or places of respite. These uses may be religious, but to bring the organization within RLUIPA’s protection, the organization must demonstrate its eligibility. Without a clear characterization as a place of worship, institution sponsored by a place of worship, or institution affiliated with a place of worship, RLUIPA may not clearly protect an institution. This whitepaper will seek to educate individuals and organizations on best practices — in operations, documentation, and beyond — to qualify for RLUIPA protections.

Faith-based nonprofit organizations should recognize whether they are obligated to follow the requirements under the Fair Labor Standards Act (“FLSA”).

Faith-based organizations face intensified threats now that the federal government has endorsed a secular view of marriage through the Respect for Marriage Act (RMA), which lacks clear and meaningful protections for religious organizations. This resource provides information and checklists in 6 key areas where your organization might be at risk following the passage of RMA.

Many vendors include provisions in their contracts and user agreements empowering the vendor to unilaterally cut service to faith-based organizations based on subjectively assessed violations of ambiguous hate speech policies. Protect your organization by negotiating for provisions that provide reasonable protection for free speech and religious exercise. This resource gives sample language and a case study of an organization that successfully navigated this challenge.

Faith-based nonprofits will likely face more lawsuits and government actions challenging religious freedom after Congress passed the Respect for Marriage Act (RMA) repealing the Defense of Marriage Act of 1996. The RMA impacts faith-based organizations in two specific situations. Both relate to interactions between the faith-based organizations’ work and the state and federal government. The threats to faith-based organizations remain despite language in the RMA purporting to protect religious freedom. Both supporters and skeptics of the RMA agree that the RMA’s religious freedom language has no “meaningful effect.” Below are key questions and “known unknowns” related to the RMA’s impact on faith-based nonprofits.