Barry Black

Barry Black

December 04, 2024 | New York Law Journal

Balancing Mission, Permanence, and Flexibility in a Church’s Governing Documents

The authors write "this column will examine what should or should not be included in the various governing documents—specifically, articles of incorporation, bylaws and policies, and how to best formulate a clear, enduring and effective corporate strategy in doing so."

By Barry Black and Christopher Byrnes

9 minute read

August 29, 2024 | New York Law Journal

Politics From the Pulpit: Can a Church Really Say That?

"Religious organizations and leaders are faced with the same legal limitations as their secular tax-exempt counterparts," write Barry Black, Christopher Byrnes and Hillary Byrnes.

By Barry Black, Christopher Byrnes and Hillary Byrnes

11 minute read

May 17, 2024 | New York Law Journal

The Complex Relationship Between a Hierarchical Denomination and Its Local Churches

The nuanced, often complex, relationship between church associations and their local church affiliates is best understood through the prism of Supreme Court decisions dating back as far as the 1800s.

By Barry Black and Jonathan Robert Nelson

9 minute read

March 01, 2024 | New York Law Journal

The Unique Role of Counsel for Religious Organizations

Counsel for religious organizations should be intimately familiar with the foundational principles of religion law to better advise the client in both transactional and litigation matters.

By Barry Black and Christopher Byrnes

9 minute read

August 30, 2023 | New York Law Journal

Religious Organizations Differ From Other Nonprofits—Here's Why That Matters

Counseling a religious entity is different from advising other not-for-profit corporations due to the special rules applicable to, and the constitutional protections afforded to, religious organizations in the United States.

By Barry Black and Christopher Byrnes

8 minute read

May 22, 2023 | New York Law Journal

Is 'De Minimis' Cost Sufficient to Curtail Employees' Religious Freedom?

The U.S. Supreme Court is considering what an employer must show to deny an employee a religious accommodation under Title VII of the Civil Rights Act of 1964.

By Barry Black and Sarah E. Child

9 minute read

March 03, 2023 | New York Law Journal

The Many Benefits of Reviewing and Updating Bylaws

Religious institutions all too often have bylaws that are out-of-date or poorly drafted. For the many reasons discussed below, the authors believe that should change.

By Barry Black and Jonathan Robert Nelson

8 minute read

November 04, 2022 | New York Law Journal

The Long Reach of the Federal Government in Protecting Religious Liberty

The federal government can and does protect religious freedom through education, accountability and enforcement, including actions brought under the Religious Land Use and Institutionalized Persons Act. In this edition of their Religion Law column, Barry Black and Sarah E. Child discuss efforts the federal government has made to educate itself and others on issues that are important to the religious community worldwide.

By Barry Black and Sarah E. Child

8 minute read

August 24, 2022 | New York Law Journal

Supreme Court Rules in Favor of Religious Liberty in Two School Cases

Near the very end of its past term, the U.S. Supreme Court rejected discrimination against religion, reversed two federal circuit courts of appeals, and issued landmark First Amendment rulings in cases at the intersection of religion and schools.

By Barry Black

8 minute read

May 23, 2022 | New York Law Journal

Secularism and the First Amendment's Establishment Clause

The U.S. Supreme Court's jumbled views of the Establishment Clause threaten to render secularism the country's de facto faith. It is time the court adopted a standard that does not punish the religious among us.

By Barry Black

8 minute read