WHAT DOES THE MARRIAGE EQUALITY DECISION OF THE SUPREME COURT MEAN FOR YOUR ORGANIZATION?

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1 CMIC LEADERS WEBINAR SERIES WHAT DOES THE MARRIAGE EQUALITY DECISION OF THE SUPREME COURT MEAN FOR YOUR ORGANIZATION? Featuring Mark E. Chopko, Stradley Ronon Disclaimer: Church Mutual Insurance Company (CMIC) offers webinars on a wide array of topics of interest to our policyholders. The views expressed during webinars are those of the guest speakers and are not necessarily attributable to CMIC.

2 Mark E. Chopko chairs Stradley Ronon s nonprofit & religious organizations practice group. He joined the firm in 2007, after serving for more than 20 years as general counsel for the U.S. Conference of Catholic Bishops (USCCB) and nearly eight years as a regulatory attorney in Washington, D.C. A major emphasis of his practice is constitutional law and deflecting attempts by government to regulate the activities of religious institutions. Since 2003, Mark has served as an adjunct professor of law at Georgetown University Law Center where he teaches a seminar on church-state law. 2 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

3 OVERVIEW OF MARRIAGE EQUALITY DECISION Third Webinar in Series Understanding the Marriage Decision What was decided? What was not decided? Applying the Decision Facts and circumstances Local Law Insureds on both sides 3 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

4 ISSUES FOR CHURCHES Pastoral Issues Business Issues Government Contracts and Public Benefits Tax and Other Exemptions Employment and Service Issues Facilities and Public Accommodations 4 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

5 PASTORAL ISSUES First Amendment Autonomy Explained Freedom to Practice Religion No State Interference in Religious Matters Not about Religious but Civil Marriage Charity knows no limits Sacramental/liturgical practices not affected Church as public witness and Free Speech 5 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

6 BUSINESS ISSUES Businesses run by religious people Organization of personal business for profit vs. church business as non profit/ charity Seeking a balance on business regulation? Expressive content Size matters What are we witnessing? 6 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

7 GOVERNMENT CONTRACTS AND BENEFITS Often accept participation without checking conditions of compliance Law will protect marriage relationships Even federal rules are changing With the King s Coin Comes the King 7 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

8 TAX AND OTHER EXEMPTIONS Federal exemptions State and local exemptions Unconstitutional conditions? Cost of doing business 8 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

9 EMPLOYMENT AND SERVICE Ministerial exception and its limits Supreme Court Action Positions of Ministry Positions integral to mission which? A religious test how articulated and conveyed? Affirmative Defense not Bar to Litigation Contrast European Experience 9 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

10 ACCOMMODATIONS Wide variety of state/local laws Classification of property general rules on public sales vs. specific kinds of business Variety of religious exemptions Facts and Circumstances Matter Connection of property to mission Actual users Documentation 10 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

11 CONCLUSION Plan ahead Pay attention to Mission Pick your battles Check your work 11 Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

12 Contact Information: Mark E. Chopko Credit: Mark E. Chopko, Stradley Ronon, courtesy of Church Mutual Insurance Company

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