1.
Municipality Laws
List nine (9) laws, or as many as
possible if less than nine, concerning clergy that you have found by searching
your nearest municipality laws. By municipality, we mean on the village or town
level. If there are none, then tell us how you found that out.
According to my
research, there are no current laws or regulations regarding clergy in my city,
which is Omaha, Nebraska. I began by
doing online research, read through the Omaha Municipal Code Charter, and contacted
the city clerk’s office by phone (402-444-5550) to verify that there was not
information that I was missing on May 5, 2014.
I was referred to several different departments, but eventually learned
that the city does not have any specific laws and instead follows the state
laws.
2.
County Laws
If there is a body of laws between the
municipality laws and the state/provincial laws where you live, list nine (9)
laws, or as many as possible if less than nine, concerning clergy, that you
have found by searching this area.
I was also
unsuccessful in locating any county laws for my county, which is Douglas County
in Nebraska. I followed a similar train
of research, involving online studies, and contacting the Douglas County
Clerk’s Office by phone (402-444-6767) where I was again passed around to
several different departments before being told that all laws for the county
follow any state laws that are currently in place.
3.
State Laws
List nine (9) laws concerning clergy that
you have found by searching your state/provincial laws.
I searched the
Nebraska Legislature’s website (nebraskalegislature.gov) in order to find the
following statues regarding clergy in Nebraska.
I have underlined the name of the statue and designated the
clergy-relevant part in bold.
Law 1: 42-108. Marriage ceremony; who may perform;
return; contents.
Every judge,
retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by
the usages of the church to which he or she belongs to solemnize marriages, may
perform the marriage ceremony in this state. Every such person performing
the marriage ceremony shall make a return of his or her proceedings in the
premises, showing the names and residences of at least two witnesses who were
present at such marriage. The return shall be made to the county clerk who
issued the license within fifteen days after such marriage has been performed.
The county clerk shall record the return or cause it to be recorded in the same
book where the marriage license is recorded.
Law 2: 42-109. Ceremony; requirements.
In the solemnization of marriage no
particular form shall be required, except that the parties shall solemnly
declare in the presence of the magistrate or minister and the attending
witnesses, that they take each other as husband and wife; and in any case there shall be at least
two witnesses, besides the minister or magistrate present at the ceremony.
Law 3: 42-113. Violations; penalty.
If any justice, minister, or other person
whose duty it is to make and transmit to the county clerk such certificate
shall neglect to make and deliver the same; if the county clerk shall neglect to record such
certificate; if any person shall undertake to join others in marriage, knowing
that he or she is not legally authorized so to do or knowing of any legal
impediment to the proposed marriage; if any person authorized to solemnize any
marriage shall willfully and knowingly make a false certificate of any marriage
to the county clerk; or if the county clerk shall willfully and knowingly make
a false record of any certificate of marriage, he or she shall be guilty of a Class I misdemeanor.
Law 4: 27-506. Communications to clergyman; definitions;
general rule of privilege; who may claim privilege.
(1) As used in
this rule:
(a) A clergyman is a minister, priest, rabbi,
or other similar functionary of a religious organization, or an individual
reasonably believed so to be by the person consulting him; and
(b) A
communication is confidential if made privately and not intended for further
disclosure except to other persons present in furtherance of the purpose of the
communication.
(2) A person has a privilege to refuse to
disclose and to prevent another from disclosing a confidential communication by
the person to a clergyman in his professional character as spiritual advisor.
(3) The privilege may be claimed by the person,
by his guardian or conservator, or by his personal representative if he is
deceased. The clergyman may claim the privilege on behalf of the person. His
authority so to do is presumed in the absence of evidence to the contrary.
Law 5: 28-372. Report of abuse, neglect, or
exploitation; required; contents; notification; toll-free number established.
(1) When any physician, psychologist, physician
assistant, nurse, nursing assistant, other medical, developmental disability,
or mental health professional, law enforcement personnel, caregiver or employee
of a caregiver, operator or employee of a sheltered workshop, owner, operator,
or employee of any facility licensed by the department, or human services
professional or paraprofessional not including a member of the clergy has
reasonable cause to believe that a vulnerable adult has been subjected to
abuse, neglect, or exploitation or observes such adult being subjected to conditions
or circumstances which reasonably would result in abuse, neglect, or
exploitation, he or she shall report the incident or cause a report to be
made to the appropriate law enforcement agency or to the department. Any other
person may report abuse, neglect, or exploitation if such person has reasonable
cause to believe that a vulnerable adult has been subjected to abuse, neglect,
or exploitation or observes such adult being subjected to conditions or
circumstances which reasonably would result in abuse, neglect, or exploitation.
(2) Such report
may be made by telephone, with the caller giving his or her name and address,
and, if requested by the department, shall be followed by a written report
within forty-eight hours. To the extent available the report shall contain: (a)
The name, address, and age of the vulnerable adult; (b) the address of the
caregiver or caregivers of the vulnerable adult; (c) the nature and extent of
the alleged abuse, neglect, or exploitation or the conditions and circumstances
which would reasonably be expected to result in such abuse, neglect, or
exploitation; (d) any evidence of previous abuse, neglect, or exploitation,
including the nature and extent of the abuse, neglect, or exploitation; and (e)
any other information which in the opinion of the person making the report may
be helpful in establishing the cause of the alleged abuse, neglect, or
exploitation and the identity of the perpetrator or perpetrators.
(3) Any law
enforcement agency receiving a report of abuse, neglect, or exploitation shall
notify the department no later than the next working day by telephone or mail.
(4) A report of
abuse, neglect, or exploitation made to the department which was not previously
made to or by a law enforcement agency shall be communicated to the appropriate
law enforcement agency by the department no later than the next working day by
telephone or mail.
(5) The
department shall establish a statewide toll-free number to be used by any
person any hour of the day or night and any day of the week to make reports of
abuse, neglect, or exploitation.
Law 6: 83-186. Visitors of facilities; enumerated.
(1) The following persons shall be allowed to
visit any facility in the Department of Correctional Services at any time:
(a) Members of
the Legislature;
(b) Members of
the judiciary;
(c) Members of
the Board of Pardons;
(d) Members of the
Board of Parole; and
(e) Members of the clergy, subject to the
approval of the Director of Correctional Services.
(2) The chief
executive officer of a facility may permit any other person to visit the
facility.
Law 7: 38-2121. License; required; exceptions.
The requirement to be licensed as a
mental health practitioner pursuant to the Uniform Credentialing Act in order
to engage in mental health practice shall not be construed to prevent:
(1) Qualified
members of other professions who are licensed, certified, or registered by this
state from practice of any mental health activity consistent with the scope of
practice of their respective professions;
(2) Alcohol and
drug counselors who are licensed by the Division of Public Health of the
Department of Health and Human Services and problem gambling counselors who are
certified by the Department of Health and Human Services prior to July 1, 2013,
or by the Nebraska Commission on Problem Gambling beginning on July 1, 2013,
from practicing their profession. Such exclusion shall include students
training and working under the supervision of an individual qualified under
section 38-315;
(3) Any person
employed by an agency, bureau, or division of the federal government from
discharging his or her official duties, except that if such person engages in
mental health practice in this state outside the scope of such official duty or
represents himself or herself as a licensed mental health practitioner, he or
she shall be licensed;
(4) Teaching or
the conduct of research related to mental health services or consultation with
organizations or institutions if such teaching, research, or consultation does
not involve the delivery or supervision of mental health services to
individuals or groups of individuals who are themselves, rather than a third
party, the intended beneficiaries of such services;
(5) The delivery
of mental health services by:
(a) Students,
interns, or residents whose activities constitute a part of the course of study
for medicine, psychology, nursing, school psychology, social work, clinical
social work, counseling, marriage and family therapy, or other health care or
mental health service professions; or
(b) Individuals
seeking to fulfill postgraduate requirements for licensure when those
individuals are supervised by a licensed professional consistent with the
applicable regulations of the appropriate professional board;
(6) Duly recognized members of the clergy from
providing mental health services in the course of their ministerial duties and
consistent with the codes of ethics of their profession if they do not
represent themselves to be mental health practitioners;
(7) The
incidental exchange of advice or support by persons who do not represent
themselves as engaging in mental health practice, including participation in
self-help groups when the leaders of such groups receive no compensation for
their participation and do not represent themselves as mental health
practitioners or their services as mental health practice;
(8) Any person
providing emergency crisis intervention or referral services or limited
services supporting a service plan developed by and delivered under the
supervision of a licensed mental health practitioner, licensed physician, or a
psychologist licensed to engage in the practice of psychology if such persons
are not represented as being licensed mental health practitioners or their
services are not represented as mental health practice; or
(9) Staff
employed in a program designated by an agency of state government to provide
rehabilitation and support services to individuals with mental illness from
completing a rehabilitation assessment or preparing, implementing, and
evaluating an individual rehabilitation plan.
Law 8: 83-970. Execution; persons permitted.
Besides the
Director of Correctional Services and those persons required to be present
under the execution protocol, the
following persons, and no others, except as provided in section 83-971, may be
present at the execution: (1) The member of the clergy in attendance upon
the convicted person; (2) no more than three persons selected by the convicted
person; (3) no more than three persons representing the victim or victims of
the crime; and (4) such other persons, not exceeding six in number, as the
director may designate. At least two persons designated by the director shall
be professional members of the Nebraska news media.
Law 9: 38-312. License required; exceptions.
No person shall engage in alcohol and
drug cing or hold himself or herself out as an alcohol and drug counselor unless
he or she is licensed for such purpose pursuant to the Uniform Credentialing
Act, except that this section shall not be construed to prevent:
(1) Qualified
members of other professions who are credentialed by this state from practice
of any alcohol and drug counseling consistent with the scope of practice of
their respective professions;
(2) Teaching or
the conduct of research related to alcohol and drug counseling with
organizations or institutions if such teaching, research, or consultation does
not involve the delivery or supervision of alcohol and drug counseling to
individuals or groups of individuals who are themselves, rather than a third
party, the intended beneficiaries of such services;
(3) The delivery
of alcohol and drug counseling by:
(a) Students,
interns, or residents whose activities constitute a part of the course of study
for medicine, psychology, nursing, school psychology, social work, clinical
social work, counseling, marriage and family therapy, alcohol and drug
counseling, compulsive gambling counseling, or other health care or mental
health service professions; or
(b) Individuals
seeking to fulfill postgraduate requirements for licensure when those
individuals are supervised by a licensed professional consistent with the
applicable regulations of the appropriate professional board;
(4) Duly recognized members of the clergy from
providing alcohol and drug counseling in the course of their ministerial duties
and consistent with the codes of ethics of their profession if they do not
represent themselves to be alcohol and drug counselors;
(5) The
incidental exchange of advice or support by persons who do not represent
themselves as engaging in alcohol and drug counseling, including participation
in self-help groups when the leaders of such groups receive no compensation for
their participation and do not represent themselves as alcohol and drug
counselors or their services as alcohol and drug counseling;
(6) Any person
providing emergency crisis intervention or referral services; or
(7) Staff
employed in a program designated by an agency of state government to provide
rehabilitation and support services to individuals with alcohol or drug
disorders from completing a rehabilitation assessment or preparing,
implementing, and evaluating an individual rehabilitation plan.
4.
National Laws
List nine (9) laws concerning clergy that
you have found by searching your national laws.
I searched the
U.S. Electronic Code of Federal Regulations website (http://www.ecfr.gov/) in
order to find the following statues regarding clergy in the United States. I have underlined the name of the
statue and designated the clergy-relevant part in bold.
Law 1. 551.16 Marriage
ceremony in the institution.
(a) The
Warden may approve the use of institution facilities for an inmate's marriage
ceremony. If a marriage ceremony poses a threat to the security or good order
of the institution, the Warden may disapprove a marriage ceremony in the
institution. The Warden may not delegate the authority to approve or to
disapprove a marriage ceremony in the institution below the level of Acting
Warden.
(b) Expenses for a marriage ceremony in the
institution shall be paid by the inmate, the inmate's intended spouse, the
inmate's family, or other appropriate source approved by the Warden. The Warden
may not permit appropriated funds to be used for the marriage ceremony, except
for those inherent in providing the place and supervision for the event. Upon
request of the inmate, Bureau of Prisons or community clergy, or a
justice of the peace may be authorized to assist in a marriage ceremony at the
institution.
(1) The marriage
ceremony may be performed by Bureau of Prisons or community clergy, or by
a justice of the peace.
(2) Because of ecclesiastical constraints,
Bureau of Prisons chaplains may decline to perform the marriage ceremony. Upon
request of the inmate, a Bureau chaplain will assist that inmate in preparing
for an approved marriage; for example, by providing, or arranging for an inmate
to receive, pre-nuptial marriage counseling.
(c) The Warden shall require that a marriage
ceremony at the institution be a private ceremony conducted without media
publicity.
Law 2. 540.45 Qualification
as special visitor.
Persons in
the categories listed in this section may qualify as special visitors rather than
as regular visitors. Visits by special visitors ordinarily are for a specific
purpose and ordinarily are not of a recurring nature. Except as specified, the
conditions of visiting for special visitors are the same as for regular
visitors.
(a) Business
visitor. Except for pretrial
inmates, an inmate is not permitted to engage actively in a business or
profession. An inmate who was engaged in a business or profession prior to
commitment is expected to assign authority for the operation of such business
or profession to a person in the community. Pretrial inmates may be allowed
special visitors for the purpose of protecting the pretrial inmate's business
interests. In those instances where an inmate has turned over the operation of
a business or profession to another person, there still may be an occasion
where a decision must be made which will substantially affect the assets or
prospects of the business. The Warden accordingly may permit a special business
visit in such cases. The Warden may waive the requirement for the existence of
an established relationship prior to confinement for visitors approved under
this paragraph.
(b) Consular
visitors. When it has been
determined that an inmate is a citizen of a foreign country, the Warden must
permit the consular representative of that country to visit on matters of
legitimate business. The Warden may not withhold this privilege even though the
inmate is in disciplinary status. The requirement for the existence of an
established relationship prior to confinement does not apply to consular
visitors.
(c) Representatives
of community groups. The
Warden may approve visits on a recurring basis to representatives from
community groups (for example, civic, volunteer, or religious organizations)
who are acting in their official capacity. These visits may be for the purpose
of meeting with an individual inmate or with a group of inmates. The
requirement for the existence of an established relationship prior to
confinement for visitors does not apply to representatives of community groups.
(d)
Clergy, former or prospective
employers, sponsors, and parole advisors. Visitors in this category ordinarily
provide assistance in release planning, counseling, and discussion of family
problems. The requirement for the existence of an established relationship
prior to confinement for visitors does not apply to visitors in this category.
Law 3. 1645.7 Evaluation
of claim
Located
here: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=c338907ba949495f0efb35e74b982d26&h=L&r=SECTION&n=32y6.2.2.19.15.0.8.7
NOTE: This entire statue is regarding clergy, so
relevant parts will not be marked in bold
font.
(a) In evaluating a claim for
classification in Class 4-D, the board will not consider:
(1) The training or abilities of the
registrant for duty as a minister; or
(2) The motive or sincerity of the
registrant in serving as a minister.
(b) The board should be careful to
ascertain the actual duties and functions of registrants seeking classification
in Class 4-D, such classification being appropriate only for leaders of the
various religious groups, not granted to members of such groups generally.
(c) Preaching and teaching the principles
of one's sect, if performed part-time or half-time, occasionally or
irregularly, are insufficient to establish eligiblity for Class 4-D. These
activities must be regularly performed and must comprise the registrant's regular
calling or full-time profession. The mere fact of some secular employment on
the part of a registrant requesting classification in Class 4-D does not in
itself make him ineligible for that class
(d) The board should request the
registrant to furnish any additional information that it believes will be of
assistance in the consideration of the registrant's claim for classification in
Class 4-D.
Law 4. 404.1023 Ministers
of churches and members of religious orders.
NOTE: This entire statue is regarding clergy, so
relevant parts will not be marked in bold
font.
(a) General. If you are a duly ordained,
commissioned, or licensed minister of a
church, the work you do in the exercise of your ministry is excluded from employment.
However, it is treated as self-employment for social security purposes. If you
are a member of a religious order who has not taken a vow of poverty, the same
rule applies to the work you do in the exercise of your duties required by that
order. If you are a member of a religious order who has taken a vow of poverty,
the work you do in the exercise of duties required by the order (the work may
be done for the order or for another employer) is covered as employment only if
the order or autonomous subdivision of the order to which you belong has filed
an effective election of coverage. The election is made under section 3121(r)
of the Code. For the rules on self-employment coverage of ministers and members
of religious orders who have not taken vows of poverty, see §404.1071.
(b) What
is an ordained, commissioned, or licensed minister. The
terms ordained, commissioned,
or licenseddescribe the procedures followed by recognized churches or
church denominations to vest ministerial status upon qualified individuals. If
a church or church denomination has an ordination procedure, the commissioning
or licensing of a person as a minister may
not make him or her a commissioned or licensed minister for purposes of this subpart. Where
there is an ordination procedure, the commissioning or licensing must be
recognized as having the same effect as ordination and the person must be fully
qualified to exercise all of the ecclesiastical duties of the church or church
denomination.
(c) When
is work by a minister in the exercise of the ministry. (1) A minister is working in the exercise of the
ministry when he or she is—
(i) Ministering sacerdotal functions or
conducting religious worship (other than as described in paragraph (d)(2) of
this section); or
(ii) Working in the control, conduct, and
maintenance of a religious organization (including an integral agency of a
religious organization) under the authority of a religious body constituting a
church or church denomination.
(2) The following rules are used to decide whether
a minister's
work is in the exercise of the ministry:
(i) Whether the work is the conduct of religious
worship or the ministration of sacerdotal functions depends on the tenets and
practices of the religious body which is his or her church or church denomination.
(ii) Work in the control, conduct, and
maintenance relates to directing, managing, or promoting the activities of the
religious organization. Any religious organization is considered to be under
the authority of a religious body constituting a church or church denomination
if it is organized and dedicated to carrying out the tenets and principles of a
faith according to either the requirements or sanctions governing the creation
of institutions of the faith.
The term religious organization has the same meaning and application
as is given to the term for income tax purposes under the Code.
(iii) If a minister is
working in the conduct of religious worship or the ministration of sacerdotal
functions, the work is in the exercise of the ministry whether or not it is
performed for a religious organization. (See paragraph (d)(2) of this section
for an exception to this rule.)
(iv) If a minister is working for an organization which
is operated as an integral agency of a religious organization under the
authority of a religious body constituting a church or church denomination, all
work by the minister in the conduct of religious worship,
in the ministration of sacerdotal functions, or in the control, conduct, and
maintenance of the organization is in the exercise of the ministry.
(v) If a minister, under an assignment or designation by a religious
body constituting a church, works for an organization which is neither a
religious organization nor operated as an integral agency of a religious
organization, all service performed by him or her, even though the service may
not involve the conduct of religious worship or the ministration of sacerdotal
functions, is in the exercise of the ministry.
(vi) If a minister is working for an organization which
is neither a religious organization nor operated as an integral agency of a
religious organization and the work is not performed under an assignment or
designation by ecclesiastical superiors, then only the work done by the minister in the conduct of religious worship or
the ministration of sacerdotal functions is in the exercise of the ministry.
(See paragraph (d)(2) of this section for an exception to this rule.)
(d) When is work by a minister not in the exercise of the ministry. (1) Work performed by a duly ordained,
commissioned, or licensed minister of a
church which is not in the exercise of the ministry is not excluded from
employment.
(2) Work performed by a duly ordained,
commissioned, or licensed minister of a
church as an employee of the United States, or a State, territory, or
possession of the United States, or the District of Columbia, or a foreign
government, or a political subdivision of any of these, is not in the exercise
of the ministry, even though the work may involve the ministration of sacerdotal
functions or the conduct of religious worship. For example, we consider service
performed as a chaplain in the Armed Forces of the United States to be work
performed by a commissioned officer and not by a ministerin the
exercise of the ministry. Also, service performed by an employee of a State as
a chaplain in a State prison is considered to be performed by a civil servant
of the State and not by a minister in the
exercise of the ministry.
(e) Work
in the exercise of duties required by a religious order. Work performed by a member of a
religious order in the exercise of duties required by the order includes all
duties required of the member of the order. The nature or extent of the work is
immaterial so long as it is service which the member is directed or required to
perform by the member's ecclesiastical superiors.
Law 5: 31.3121(b)(8)-1 Services
performed by a minister of a church or a
member of a religious order.
NOTE: This entire statue is regarding clergy, so
relevant parts will not be marked in bold
font.
(a) In
general. Services performed
by a duly ordained, commissioned, or licensed minister of a
church in the exercise of his ministry, or by a member of a religious order in
the exercise of his duties required by such order, are excluded from
employment, except that services performed by a member of such an order in the
exercise of such duties (whether performed for the order or for another
employer) are included in employment if an election of coverage under section
3121(r) and §31.3121(r)-1 is in effect with respect to such order or with
respect to the autonomous subdivision thereof to which such member belongs. For
provisions relating to the election available to certain ministers and members
of religious orders with respect to the extension of the Federal old-age,
survivors, and disability insurance system established by title II of the
Social Security Act to certain services performed by them, see Part 1 of this
chapter (Income Tax Regulations).
(b) Service
by a minister in the exercise of his ministry. Except as provided in paragraph (c)(3)
of this section, service performed by a minister in the
exercise of his ministry includes the ministration of sacerdotal functions and
the conduct of religious worship, and the control, conduct, and maintenance of
religious organizations (including the religious boards, societies, and other
integral agencies of such organizations), under the authority of a religious
body constituting a church or church denomination. The following rules are
applicable in determining whether services performed by aminister are performed in the exercise of his
ministry:
(1) Whether service performed by a minister constitutes the conduct of religious
worship or the ministration of sacerdotal functions depends on the tenets and
practices of the particular religious body constituting his church or church
denomination.
(2) Service performed by a minister in the control, conduct, and
maintenance of a religious organization relates to directing, managing, or
promoting the activities of such organization. Any religious organization is
deemed to be under the authority of a religious body constituting a church or
church denomination if it is organized and dedicated to carrying out the tenets
and principles of a faith in accordance with either the requirements or
sanctions governing the creation of institutions of the faith. The term “religious
organization” has the same meaning and application as is given to the term for
income tax purposes.
(3) (i) If a minister is
performing service in the conduct of religious worship or the ministration of
sacerdotal functions, such service is in the exercise of his ministry whether
or not it is performed for a religious organization.
(ii) The rule in paragraph (b)(3)(i) of this
section may be illustrated by the following example:
Example. M, a duly ordained minister, is
engaged to perform service as chaplain at N University. M devotes his entire
time to performing his duties as chaplain which include the conduct of
religious worship, offering spiritual counsel to the university students, and
teaching a class in religion. M is performing service in the exercise of his
ministry.
(4) (i) If a minister is
performing service for an organization which is operated as an integral agency,
of a religious organization under the authority of a religious body
constituting a church or church denomination, all service performed by the minister in the conduct of religious worship,
in the ministration of sacerdotal functions, or in the control conduct, and
maintenance of such organization (see paragraph (b)(2) of this section) is in
the exercise of his ministry.
(ii) The rule in paragraph (b)(4)(i) of this
section may be illustrated by the following example:
Example. M, a duly ordained minister, is
engaged by the N Religious Board to serve as director of one of its
departments. He performs no other service. The N Religious Board is an integral
agency of O, a religious organization operating under the authority of a
religious body constituting a church denomination. M is performing service in
the exercise of his ministry.
(5) (i) If a minister, pursuant to an assignment or designation by a
religious body constituting his church, performs service for an organization
which is neither a religious organization nor operated as an integral agency of
a religious organization, all service performed by him, even though such
service may not involve the conduct of religious worship or the ministration of
sacerdotal functions, is in the exercise of his ministry.
(ii) The rule in paragraph (b)(5)(i) of this
section may be illustrated by the following example:
Example. M, a duly ordained minister, is
assigned by X, the religious body constituting his church, to perform advisory
service to Y Company in connection with the publication of a book dealing with
the history of M's church denomination. Y is neither a religious organization
nor operated as an integral agency of a religious organization. M performs no
other service for X or Y. M is performing service in the exercise of his
ministry.
(c) Service
by a minister not in the exercise of his ministry. (1) Section 3121(b)(8)(A) does not
except from employment service performed by a duly ordained, commissioned, or
licensed minister of a church which is not in the
exercise of his ministry.
(2) (i) If a minister is
performing service for an organization which is neither a religious
organization nor operated as an integral agency of a religious organization and
the service is not performed pursuant to an assignment or designation by his
ecclesiastical superiors, then only the service performed by him in the conduct
of religious worship or the ministration of sacerdotal functions is in the
exercise of his ministry. See, however, paragraph (c)(3) of this section.
(ii) The rule in paragraph (c)(2)(i) of this
section may be illustrated by the following example:
Example. M, a duly ordained minister, is
engaged by N University to teach history and mathematics. He performs no other
service for N although from time to time he performs marriages and conducts
funerals for relatives and friends. N University is neither a religious
organization nor operated as an integral agency of a religious organization. M
is not performing the service for N pursuant to an assignment or designation by
his ecclesiastical superiors. The service performed by M for N University is
not in the exercise of his ministry. However, service performed by M in
performing marriages and conducting funerals is in the exercise of his
ministry.
(3) Service performed by a duly ordained,
commissioned, or licensed minister of a
church as an employee of the United States, or a State, Territory, or
possession of the United States, or the District of Columbia, or a foreign
government, or a political subdivision of any of the foregoing, is not
considered to be in the exercise of his ministry for purposes of the taxes,
even though such service may involve the ministration of sacerdotal function or
the conduct of religious worship. Thus, for example, service performed by an
individual as a chaplain in the Armed Forces of the United States is considered
to be performed by a commissioned officer in his capacity as such, and not by a minister in the exercise of his ministry.
Similarly, service performed by an employee of a State as a chaplain in a State
prison is considered to be performed by a civil servant of the State and not by
a minister in the exercise of his ministry.
(d) Service
in the exercise of duties required by a religious order. Service performed by a member of a
religious order in the exercise of duties required by such order includes all
duties required of the member by the order. The nature or extent of such
service is immaterial so long as it is a service which he is directed or
required to perform by his ecclesiastical superiors.
Law
6. 1645.5 Impartiality.
Boards
may not give preferential treatment to one religion or sect over another and no
preferential treatment will be given a duly ordained minister over a regular
minister.
Law 7. 1.1402(e)(1)-1 Election
by ministers, members of religious orders, and Christian Science practitioners
for self-employment coverage.
(a) In
general. Any individual
who is (1) a duly ordained, commissioned, or licensed minister of a church or a member of a religious
order (other than a member of a religious order who has taken a vow of poverty
as a member of such order) or (2) a Christian Science practitioner may elect to
have the Federal old-age, survivors, and disability insurance system
established by title II of the Social Security Act extended to service
performed by him in the exercise of his ministry or in the exercise of duties
required by such order, or in the exercise of his profession as a Christian
Science practitioner, as the case may be. Such an election shall be made by
filing a certificate on Form 2031 in the manner provided in paragraph (b) of
this section and within the time specified in §1.1402(e)(2)-1. If a minister or member to whom this section has
application, or a Christian Science practitioner, makes an election by filing
Form 2031 such individual shall, for each taxable year for which the election is
effective (see §1.1402(e)(3)-1), be considered as carrying on a trade or
business with respect to the performance of service in his capacity as a minister or member, or as a Christian Science
practitioner, as the case may be.
(b) Waiver
certificate. The certificate
on Form 2031 shall be filed in triplicate with the district director of
internal revenue for the internal revenue district in which is located the
legal residence or principal place of business of the individual who executes
the certificate. If such individual has no legal residence or principal place
of business in any internal revenue district, the certificate shall be filed
with the Director of International Operations, Internal Revenue Service,
Washington, DC 20225, or at such other address as is designated in the
instructions relating to the certificate. The certificate must be filed within
the time prescribed in §1.1402(e)(2)-1. If an individual to whom paragraph (a)
of this section has application submits to a district director of internal
revenue a dated and signed statement indicating that he desires to have the
Federal old-age, survivors, and disability insurance system established by
title II of the Social Security Act extended to his services, such statement
will be treated as a waiver certificate, if filed within the time specified in
§1.1402(e)(2)-1, provided that without unnecessary delay such statement is
supplemented by a properly executed Form 2031. An application for a social
security account number filed on Form SS-5 or the filing of an income tax
return showing an amount representing self-employment income or self-employment
tax shall not be construed to constitute an election referred to in
§1.1402(e)(1)-1.
Law 8. 1.1402(a)-11 Ministers
and members of religious orders.
NOTE: This entire statue is regarding clergy, so
relevant parts will not be marked in bold
font.
(a) In general. For each taxable year ending after
1954 in which a minister or member of a religious order is
engaged in a trade or business, within the meaning of section 1402(c) and
§1.1402(c)-5, with respect to service performed in the exercise of his ministry
or in the exercise of duties required by such order, net earnings from
self-employment from such trade or business include the gross income derived
during the taxable year from any such service, less the deductions attributable
to such gross income. For each taxable year ending on or after December 31,
1957, such minister or member of a religious order shall
compute his net earnings from self-employment derived from the performance of
such service without regard to the exclusions from gross income provided by
section 107 (relating to rental value of parsonages) and section 119 (relating
to meals and lodging furnished for the convenience of the employer). Thus, a minister who is subject to self-employment tax
with respect to his services as a minister will
include in the computation of his net earnings from self-employment for a
taxable year ending on or after December 31, 1957, the rental value of a home
furnished to him as remuneration for services performed in the exercise of his
ministry or the rental allowance paid to him as remuneration for such services
irrespective of whether such rental value or rental allowance is excluded from
gross income by section 107. Similarly, the value of any meals or lodging
furnished to a minister or to a member of a religious order in
connection with service performed in the exercise of his ministry or as a
member of such order will be included in the computation of his net earnings
from self-employment for a taxable year ending on or after December 31, 1957,
notwithstanding the exclusion of such value from gross income by section 119.
(b) In
employ of American employer. If
a minister or member of a religious order engaged
in a trade or business described in section 1402(c) and §1.1402(c)-5 is a
citizen of the United States and performs service, in his capacity as aminister or
member of a religious order, as an employee of an American employer, as defined
in section 3121(h) and the regulations thereunder in part 31 of this chapter
(Employment Tax Regulations), his net earnings from self-employment derived
from such service shall be computed as provided in paragraph (a) of this
section but without regard to the exclusions from gross income provided in
section 911, relating to earned income from sources without the United States,
and section 931, relating to income from sources within certain possessions of
the United States. Thus, even though all the income of the minister or member for service of the character
to which this paragraph is applicable was derived from sources without the
United States, or from sources within certain possessions of the United States,
and therefore may be excluded from gross income, such income is included in
computing net earnings from self-employment.
(c) Minister in
a foreign country whose congregation is composed predominantly of citizens of
the United States—(1)Taxable years ending after 1956. For any taxable year ending after
1956, a minister of a church, who is engaged in a trade
or business within the meaning of section 1402(c) and §1.1402(c)-5, is a
citizen of the United States, is performing service in the exercise of his
ministry in a foreign country, and has a congregation composed predominantly of
United States citizens, shall compute his net earnings from self-employment
derived from his services as a minister for
such taxable year without regard to the exclusion from gross income provided in
section 911, relating to earned income from sources without the United States.
For taxable years ending on or after December 31, 1957, such minister shall also disregard sections 107 and
119 in the computation of his net earnings from self-employment. (See paragraph
(a) of this section.) For purposes of section 1402(a)(8) and this paragraph a
“congregation composed predominantly of citizens of the United States” means a
congregation the majority of which throughout the greater portion of its minister's
taxable year were United States citizens.
(2) Election
for taxable years ending after 1954 and before 1957. (i) A minister described in subparagraph (1) of this
paragraph who, for a taxable year ending after 1954 and before 1957, had income
from service described in such subparagraph which would have been included in
computing net earnings from self-employment if such income had been derived in
a taxable year ending after 1956 by an individual who had filed a waiver
certificate under section 1402(e), may elect to have section 1402(a)(8) and
subparagraph (1) of this paragraph apply to his income from such service for
his taxable years ending after 1954 and before 1957. If such minister filed a waiver certificate prior to
August 1, 1956, in accordance with §1.1402(e)(1)-1, or he files such a waiver
certificate on or before the due date of his return (including any extensions
thereof) for his last taxable year ending before 1957, he must make such
election on or before the due date of his return (including any extensions thereof)
for such taxable year or before April 16, 1957, whichever is the later. If the
waiver certificate is not so filed, the minister must
make his election on or before the due date of the return (including any
extensions thereof) for his first taxable year ending after 1956.
Notwithstanding the expiration of the period prescribed by section 1402(e)(2)
for filing such waiver, the minister may
file a waiver certificate at the time he makes the election. In no event shall
an election be valid unless the minister files
prior to or at the time of the election a waiver certificate in accordance with
§1.1402(e)(1)-1.
(ii) The election shall be made by filing with
the district director of internal revenue with whom the waiver certificate,
Form 2031, is filed a written statement indicating that, by reason of the
Social Security Amendments of 1956, theminister desires to have the Federal old-age,
survivors, and disability insurance system established by title II of the
Social Security Act extended to his services performed in a foreign country as
a minister of a congregation composed
predominantly of United States citizens beginning with the first taxable year
ending after 1954 and prior to 1957 for which he had income from such services.
The statement shall be dated and signed by the minister and shall clearly state that it is an
election for retroactive self-employment tax coverage under the Self-Employment
Contributions Act of 1954. In addition, the statement shall include the
following information:
(a) The name and address of the minister.
(b) His social security account number,
if he has one.
(c) That he is a duly ordained,
commissioned, or licensed minister of a
church.
(d) That he is a citizen of the United
States.
(e) That he is performing services in the
exercise of his ministry in a foreign country.
(f) That his congregation is composed
predominantly of citizens of the United States.
(g)(1) That he has filed a waiver
certificate and, if so, where and under what circumstances the certificate was
filed and the taxable year for which it is effective; or (2) that he is
filing a waiver certificate with his election for retroactive coverage and, if
so, the taxable year for which it is effective.
(h) That he has or has not filed income
tax returns for his taxable years ending after 1954 and before 1957. If he has
filed such returns, he shall state the years for which they were filed and
indicate the district director of internal revenue with whom they were filed.
(iii) Notwithstanding section 1402(e)(3), a
waiver certificate filed pursuant to §1.1402(e)(1)-1 by a minister making an election under this
paragraph shall be effective (regardless of when such certificate is filed) for
such minister's
first taxable year ending after 1954 in which he had income from service described
in subparagraph (1) of this paragraph or for the taxable year of the minister prescribed by section 1402(e)(3), if
such taxable year is earlier, and for all succeeding taxable years.
(iv) No interest or penalty shall be assessed or
collected for failure to file a return within the time prescribed by law if
such failure arises solely by reason of an election made by a minister pursuant to this paragraph or for any
underpayment of self-employment income tax arising solely by reason of such
election, for the period ending with the date such ministermakes
an election pursuant to this paragraph.
(d) Treatment
of certain remuneration paid in 1955 and 1956 as wages. For treatment of remuneration paid to
an individual for service described in section 3121(b)(8)(A) which was
erroneously treated by the organization employing him as employment with-in the
meaning of chapter 21 of the Internal Revenue Code, see §1.1402(e)(4)-1.
Law 9. 164.510 Uses and disclosures
requiring an opportunity for the individual to agree or to object.
A covered entity may use or disclose protected health information,
provided that the individual is informed in advance of the use or disclosure
and has the opportunity to agree to or prohibit or restrict the use or
disclosure, in accordance with the applicable requirements of this section. The
covered entity may orally inform the individual of and obtain the individual's
oral agreement or objection to a use or disclosure permitted by this section.
(a) Standard: Use
and disclosure for facility directories—(1) Permitted uses and
disclosure. Except when an objection is expressed in accordance with
paragraphs (a)(2) or (3) of this section, a covered health care provider may:
(i) Use the following
protected health information to maintain a directory of individuals in its
facility:
(A) The individual's name;
(B) The individual's
location in the covered health care provider's facility;
(C) The individual's
condition described in general terms that does not communicate specific medical
information about the individual; and
(D) The individual's religious
affiliation; and
(ii) Use or disclose for directory purposes such information:
(A) To members of the clergy; or
(B) Except for religious
affiliation, to other persons who ask for the individual by name.
(2) Opportunity to object. A
covered health care provider must inform an individual of the protected health
information that it may include in a directory and the persons to whom it may
disclose such information (including disclosures to clergy of information
regarding religious affiliation) and provide the individual with the
opportunity to restrict or prohibit some or all of the uses or disclosures
permitted by paragraph (a)(1) of this section.
(3) Emergency
circumstances. (i) If the opportunity to object to uses or disclosures
required by paragraph (a)(2) of this section cannot practicably be provided
because of the individual's incapacity or an emergency treatment circumstance,
a covered health care provider may use or disclose some or all of the protected
health information permitted by paragraph (a)(1) of this section for the
facility's directory, if such disclosure is:
(A) Consistent with a prior
expressed preference of the individual, if any, that is known to the covered
health care provider; and
(B) In the individual's
best interest as determined by the covered health care provider, in the
exercise of professional judgment.
(ii) The covered health
care provider must inform the individual and provide an opportunity to object
to uses or disclosures for directory purposes as required by paragraph (a)(2)
of this section when it becomes practicable to do so.
(b) Standard: Uses
and disclosures for involvement in the individual's care and notification
purposes—(1) Permitted uses and disclosures. (i) A covered
entity may, in accordance with paragraphs (b)(2), (b)(3), or (b)(5) of this
section, disclose to a family member, other relative, or a close personal
friend of the individual, or any other person identified by the individual, the
protected health information directly relevant to such person's involvement
with the individual's health care or payment related to the individual's health
care.
(ii) A covered entity may
use or disclose protected health information to notify, or assist in the
notification of (including identifying or locating), a family member, a
personal representative of the individual, or another person responsible for
the care of the individual of the individual's location, general condition, or
death. Any such use or disclosure of protected health information for such
notification purposes must be in accordance with paragraphs (b)(2), (b)(3),
(b)(4), or (b)(5) of this section, as applicable.
(2) Uses and
disclosures with the individual present. If the individual is present
for, or otherwise available prior to, a use or disclosure permitted by
paragraph (b)(1) of this section and has the capacity to make health care
decisions, the covered entity may use or disclose the protected health
information if it:
(i) Obtains the
individual's agreement;
(ii) Provides the
individual with the opportunity to object to the disclosure, and the individual
does not express an objection; or
(iii) Reasonably infers
from the circumstances, based on the exercise of professional judgment, that
the individual does not object to the disclosure.
(3) Limited uses
and disclosures when the individual is not present. If the individual
is not present, or the opportunity to agree or object to the use or disclosure
cannot practicably be provided because of the individual's incapacity or an
emergency circumstance, the covered entity may, in the exercise of professional
judgment, determine whether the disclosure is in the best interests of the
individual and, if so, disclose only the protected health information that is
directly relevant to the person's involvement with the individual's care or
payment related to the individual's health care or needed for notification
purposes. A covered entity may use professional judgment and its experience
with common practice to make reasonable inferences of the individual's best
interest in allowing a person to act on behalf of the individual to pick up
filled prescriptions, medical supplies, X-rays, or other similar forms of
protected health information.
(4) Uses and
disclosures for disaster relief purposes. A covered entity may use or
disclose protected health information to a public or private entity authorized
by law or by its charter to assist in disaster relief efforts, for the purpose
of coordinating with such entities the uses or disclosures permitted by
paragraph (b)(1)(ii) of this section. The requirements in paragraphs (b)(2),
(b)(3), or (b)(5) of this section apply to such uses and disclosures to the
extent that the covered entity, in the exercise of professional judgment,
determines that the requirements do not interfere with the ability to respond
to the emergency circumstances.
(5) Uses and
disclosures when the individual is deceased. If the individual is
deceased, a covered entity may disclose to a family member, or other persons
identified in paragraph (b)(1) of this section who were involved in the
individual's care or payment for health care prior to the individual's death,
protected health information of the individual that is relevant to such
person's involvement, unless doing so is inconsistent with any prior expressed
preference of the individual that is known to the covered entity.
5.
Pagan Response
How do laws of your nation, state, or
local area respond to Paganism and Neo-Pagan clergy? Are there laws that
prohibit certain functions our clergy usually serve (such as divination,
counseling, or conducting marriages or funerals)? Does your country implicitly
or explicitly state that Neo-Pagans cannot have clergy, or that they cannot
perform certain functions or receive similar rights as those from other
religions?
From everything
that I have read thus far, the laws on a national, state, and local area are
all generic and do not in any way seem to separate the rules of clergy based
upon the particular religion they are representing. I tried to locate any discriminating laws,
but the closest I found was a reference to an ordinance in Scottsbluff,
Nebraska (which is on the opposite end of the state) which prohibited
“clairvoyance, fortune telling, and divination” (World-Herald News Service) . The city was asked to repeal the law though,
so it no longer appears to exist and the ordinance had never lead to any
charges being filed. Clergy are also
able to assist with marriages and funerals regardless of their religious
organization, and the laws that I previously included here (38-2121) appear to
also allow clergy to provide counseling, as long as they do not represent
themselves as professionals. There are no specific laws that make any
statements about Neo-Pagan clergy, or any other specific religious clergy. It was a pleasant surprise to see that the
laws do not discriminate against Paganism, which makes it much easier to be an
active Pagan clergy person.
6.
Unjust Laws
Looking at those laws listed in questions
1 - 4 and how they affect you, are there any specific laws that seem out of
place, unfair, or unjust? What is the avenue for change to these laws, and do
you see change to these particular laws as necessary?
I am quite
pleased in reviewing the many different clergy laws that I found simply because
none of them do appear to be unjust. Living in Nebraska, there is often still a
lot of prejudice between groups of people, so to know that there are no legal
issues for Pagan clergy at this time makes me very happy. I do not see any changes that are necessary
to these laws at this time, but if I did it would require contact with the
legislature and representatives to make that possible.
7.
Affect on Grove, ADF, and Community
How do you see these laws affecting how
you serve your Grove, ADF, or the community as a whole?
I see the laws
having a positive impact on my Protogove and the community as a whole. The laws
provide equal treatment for Christian and Pagan clergy alike, which would allow
for a positive community to be established.
These laws would allow for Pagans to have clergy they are comfortable
with performing rites for them, from marriage to funerals. These types of positive changes can
definitely lead to growth, development, and a positive experience for the Pagan
community. It also allows for Paganism
to be viewed as a “legitimate” religion when often that is not the case in
Nebraska.
8.
Pastoral Counseling
What is the difference between pastoral
counseling and other kinds of counseling, and does the law differentiate between
these types? What sort of license do you require in your state in order to
perform counseling of any type? Does divination fall into this sort of
counseling?
Pastoral
counseling is defined as “psychotherapy that uses spiritual resources as well
as psychological understanding for healing and growth” (The Counseling Center) . This combination of spirituality and
psychology can often be beneficial to people struggling with everything from
depression to marital issues. Traditional
counseling is defined as “professional guidance of the individual by utilizing
psychological methods” (Merriam-Webster).
Nebraska does not require pastoral counselors to be licensed, as long as
they do not represent themselves as a professional counselor. This law is listed in its entirety above
(38-2121). Divination is not explicitly
stated in any Nebraska laws, and is freely practiced by many local people
without licenses at this time, so I do not believe that divination is
categorized as counseling here.
9.
Reporting Laws
Describe the mandatory reporting laws in
your area and how they affect you as a clergyperson. Explain the process you
would go through to file a report if it were necessary.
Nebraska’s
mandatory reporting laws currently state “any person who suspects child abuse
or neglect is required to report” (National Conference of State Legislatures) . This statement would include clergy and
require that they report any suspected child abuse or neglect. This makes clergy (and all people)
responsible for reporting any abuse they suspect of a child, which is always a
very difficult decision to make for people.
However,
Law 28-372 listed above states “When any physician, psychologist, physician
assistant, nurse, nursing assistant, other medical, developmental disability,
or mental health professional, law enforcement personnel, caregiver or employee
of a caregiver, operator or employee of a sheltered workshop, owner, operator,
or employee of any facility licensed by the department, or human services
professional or paraprofessional not
including a member of the clergy has reasonable cause to believe that a
vulnerable adult has been subjected to abuse, neglect, or exploitation or
observes such adult being subjected to conditions or circumstances which
reasonably would result in abuse, neglect, or exploitation, he or she shall
report the incident”. This means that
clergy in Nebraska do not have the same responsibility to report on suspected
abuse or neglect for adults. I personally find this difference to be very
intriguing and I’m curious as to what the reasoning is for this difference. The
reporting process in the state of Nebraska is also detailed in 28-372 as follows:
“Such report may be made by telephone, with the caller giving his or her name
and address, and, if requested by the department, shall be followed by a
written report within forty-eight hours. To the extent available the report
shall contain: (a) The name, address, and age of the vulnerable adult; (b) the
address of the caregiver or caregivers of the vulnerable adult; (c) the nature
and extent of the alleged abuse, neglect, or exploitation or the conditions and
circumstances which would reasonably be expected to result in such abuse,
neglect, or exploitation; (d) any evidence of previous abuse, neglect, or
exploitation, including the nature and extent of the abuse, neglect, or
exploitation; and (e) any other information which in the opinion of the person
making the report may be helpful in establishing the cause of the alleged
abuse, neglect, or exploitation and the identity of the perpetrator or
perpetrators.”
Works
Cited
National
Conference of State Legislatures. Child Abuse and Neglect Reporting State
Statute Overview. May 2014
<http://www.ncsl.org/research/human-services/child-abuse-and-neglect-reporting-statutes.aspx>.
Nebraska Legislature. Laws. May 2014
<http://nebraskalegislature.gov/laws/laws.php>.
The Counseling Center. A Definition of Pastoral
Counseling. May 2014
<http://www.counselingcenter.org/home/cou/page_117/a_definition_of_pastoral_counseling.html>.
US Government Printing Office. Electronic Code of Federal
Regulations. May 2014 <http://www.ecfr.gov/>.
World-Herald News Service. "Fortuntelling Law
Challenged." Omaha World Herald 29 April 2010.
"Counseling." Merriam-Webster.com.
Merriam-Webster, n.d. Web. 6 May 2014.
<http://www.merriam-webster.com/dictionary/counseling>.
0 comments:
Post a Comment