- 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.
- Lynchburg, VA adheres to the Code of Virginia in all matters pertaining to Clergynances regarding clergy according to the Lynchburg Town Clerk, 434-455-2620 on 10/18/2010 at 2:58pm EST.
- Lynchburg, VA adheres to the Code of Virginia in all matters pertaining to Clergynances regarding clergy according to the Lynchburg Town Clerk, 434-455-2620 on 10/18/2010 at 2:58pm EST.
- 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.
- Not online. Talked to Lynchburg Town Clerk, 434-455-2620, on 10/18/2010 and was told that there are no local laws or ordinances regarding clergy. They use those laws from the state level.
- Not online. Talked to Lynchburg Town Clerk, 434-455-2620, on 10/18/2010 and was told that there are no local laws or ordinances regarding clergy. They use those laws from the state level.
- List nine (9) laws concerning clergy that you have found by searching your state/provincial laws.
- .§ 57-16. Property held, etc., by ecclesiastical officers.
B. Transfer, removal, resignation or death of ecclesiastical officer. - In the event of the transfer, removal, resignation or death of any such bishop, minister, or other ecclesiastical officer, the title and all rights with respect to any such property shall pass to and become vested in his duly elected or appointed successor immediately upon election or appointment, and pending election or appointment of such successor, such title and rights shall be vested in such person or persons as shall be designated by the laws, rules, or ecclesiastical polity of such church or religious sect, society or denomination.
C. Validation of deeds, etc. - All deeds, deeds of trust, mortgages, wills or other instruments made prior to March 18, 1942, to or by a duly elected or appointed bishop, minister or other ecclesiastical officer, who at the time of the making of any such deed, deed of trust, mortgage, will or other instrument, or thereafter, had authority to administer the affairs of any church or religious sect, society or denomination under its laws, rules or ecclesiastic polity, transferring property, real or personal, of any such church or religious sect, society or denomination, are hereby ratified and declared valid. All transfers of title and rights with respect to property, prior to such date from a predecessor bishop, minister or other ecclesiastical officer who has resigned or died, or has been transferred or removed, to his duly elected or appointed successor, by the laws, rules or ecclesiastic polity of any such church or religious sect, society or denomination, either by written instruments or solely by virtue of the election or appointment of such successor, are also hereby ratified and declared valid.
D. Insufficient designation of beneficiaries or objects of trust. - No gift, grant, bequest or devise made on or after March 18, 1942, to any such church or religious sect, society or denomination or the duly elected or appointed bishop, minister or other ecclesiastical officer authorized to administer its affairs, shall fail or be declared void for insufficient designation of the beneficiaries in, or the objects of, any trust annexed to such gift, grant, bequest or devise; but such gift, grant, bequest or devise shall be valid; provided, that whenever the objects of any such trust shall be undefined, or so uncertain as not to admit of specific enforcement by the courts of the Commonwealth, such gift, grant, bequest or devise shall be held, managed, and the principal or income appropriated, for the religious and benevolent uses of such church or religious sect, society or denomination by its duly elected or appointed bishop, minister or other ecclesiastical officer authorized to administer its affairs.
E. Rights and remedies cumulative. - The rights created and the remedies provided in this section shall be construed as cumulative and not exclusive.
F. No implied repeal of other provisions. - This section shall not be so construed as to effect an implied repeal of any other provisions of this chapter.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+57-16 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- § 8.01-400. Communications between ministers of religion and persons they counsel or advise.
- § 19.2-271.3. Communications between ministers of religion and persons they counsel or advise.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-400 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- § 18.2-207. Making false entry, etc., in marriage register, etc.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-207 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- § 20-23. Order authorizing ministers to perform ceremony.
Source: http://leg1.state.va.us/000/cod/20-23.HTM -accessed 10/18/2010. Site maintained by Virginia General Assembly.
- § 20-24. Penalty for failure to certify record of marriage.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-24 – accessed 10/18/2010. Site maintaing by Virginia General Assembly.
- § 58.1-3402. Exemptions from service charge.
The service charge shall also not be applicable to public roadways or property held for future construction of such roadways.
B. The governing body of the county, city or town levying a service charge may exempt any class of organization set out in § 58.1-3600 et seq. from the service charge imposed pursuant to § 58.1-3400 or § 58.1-3403.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+58.1-3402 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- § 58.1-811. Exemptions.
1. To an incorporated college or other incorporated institution of learning not conducted for profit, where such real estate is intended to be used for educational purposes and not as a source of revenue or profit;
2. To an incorporated church or religious body or to the trustee or trustees of any church or religious body, or a corporation mentioned in § 57-16.1, where such real estate is intended to be used exclusively for religious purposes, or for the residence of the minister of any such church or religious body; (remainder of statute omitted due to irrelevance to this question)
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+58.1-811 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- § 60.2-213. Employment with hospital, higher education, state, subdivision, or certain religious or charitable organizations.
1. Service performed by an individual (i) in the employ of this Commonwealth or any of its political subdivisions or instrumentalities or (ii) in the employ of this Commonwealth and one or more other states or their political subdivisions or instrumentalities, for a hospital or institution of higher education located in this Commonwealth provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act solely by reason of § 3306 (c) (7) of that act and is not excluded from "employment" under subsection B of this section;
2. Service performed by an individual (i) in the employ of this Commonwealth or any of its wholly owned instrumentalities or (ii) in the employ of this Commonwealth and one or more other states or their instrumentalities, provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act (26 U.S.C.) by § 3306 (c) (7) of that act and is not excluded from "employment" under subsection B of this section;
3. Service performed by an individual (i) in the employ of any political subdivision of this Commonwealth or any of its wholly owned instrumentalities or (ii) in the employ of any instrumentality wholly owned by this Commonwealth, any of its political subdivisions or instrumentalities, or any instrumentality wholly owned by any of the foregoing and one or more other states or their political subdivisions, provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by § 3306 (c) (7) of that act and is not excluded from "employment" under subsection B of this section;
4. Service performed by an individual in the employ of a religious, charitable, educational or other organization but only if the following conditions are met:
a. Their service is excluded from "employment" as defined in the Federal Unemployment Tax Act (26 U.S.C.) solely by reason of § 3306 (c) (8) of that act; and
b. The organization had four or more individuals in employment for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.
B. For the purposes of subdivisions 3 and 4 of subsection A of this section, the term "employment" does not apply to service performed:
1. In the employ of (i) a church or convention or association of churches, or (ii) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches;
2. 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 duties required by such order;
3. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work;
4. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training;
5. By an inmate of a custodial or penal institution; or
6. In the employ of this Commonwealth, or any political subdivision thereof or any instrumentality of any one or more of the foregoing as set forth in subdivisions 1 through 3 of subsection A of this section, if such service is performed by an individual in the exercise of duties:
a. As an elected official;
b. As a member of a legislative body, or a member of the judiciary;
c. As a member of the state National Guard or Air National Guard;
d. As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
e. In a position which, under or pursuant to the laws of this Commonwealth, is designated as (i) a major nontenured policymaking or advisory position, or (ii) a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+60.2-213 -accessed 10/18/2010. Site maintained by Virginia General Assembly
- List nine laws concerning clergy that you have found by searching your national laws.
- § 12682. Reserves: discharge upon becoming ordained minister of religion: Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment.
- Title 26 Internal Revenue § 31.3121(b)(8)-1 (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). (Author Note: The entry goes on in great detail describing various examples and definitions of "Service by a minister in the exercise of his ministry")
- Title 26 Internal Revenue § 31.3121(b)(8)-2 Services in employ of religious, charitable, educational, or certain other organizations exempt from income tax.
(b) For provisions relating to exemption from income tax of an organization described in section 501(c)(3), see Part 1 of this chapter (Income Tax Regulations). For provisions relating to waiver by an organization of its exemption from the taxes imposed by sections 3101 and 3111, see §31.3121(k)–1. See also §31.3121(b)(8)–1, relating to services performed by a minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; §31.3121(b)(10)–1, relating to services for remuneration of less than $50 for calendar quarter in the employ of certain organizations exempt from income tax; §31.3121(b)(10)–2, relating to services performed in the employ of a school, college, or university by certain students; and §31.3121(b)(13)–1, relating to services performed by certain student nurses and hospital interns.
Source: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=11a66cf10f4c4b9f801ac893e6d591b7&rgn=div8&view=text&node=26:15.0.1.1.2.2.10.47&idno=26 - Electronic Code of Federal Regulations; accessed 10/18/2010. Site maintained by the National Archives and Records Administration
- Title 26 Internal Revenue § 31.3401(a)(9)-1 Remuneration for services performed by a minister of a church or a member of a religious order.
(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 a minister are performed in the exercise of his ministry: (Author Note: the entry goes on to detail numerous situations typifying "service by a minister in the excercise of his ministry)
Source: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=11a66cf10f4c4b9f801ac893e6d591b7&rgn=div8&view=text&node=26:15.0.1.1.2.5.15.17&idno=26 -Electronic Code of Federal Regulations; accessed 10/18/2010. Site maintained by the National Archives and Records Administration
- Title 32: National Defense: § 1630.26 Class 2-D: Registrant deferred because of study preparing for the ministry.
(a) Who is preparing for the ministry under the direction of a recognized church or religious organization; and
(b) Who is satisfactorily pursuing a full-time course of instruction required for entrance into a recognized theological or divinity school in which he has been pre-enrolled; or
(c) Who is satisfactorily pursuing a full-time course of instruction in or at the direction of a recognized theological or divinity school; or
- Who having completed theological or divinity school is a student in a full-time graduate program or is a full-time intern. The registrant's studies must be related to and lead to entry into service as a regular or duly ordained minister of religion, and satisfactory progress in these studies as required by the school in which the registrant is enrolled must be maintained for continued eligibility for the deferment.
- Title 32 National Defense § 1630.43 Class 4-D: Minister of religion.
(a) Duly ordained minister of religion; or
(b) Regular minister of religion.
Source: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ff61a1da333e0a19a3196c29a069a635&rgn=div8&view=text&node=32:6.2.2.19.10.0.8.17&idno=32 - Electronic Code of Federal Regulations; accessed 10/18/2010. Site maintained by the National Archives and Records Administration
- Title 32 National Defense § 1645.1 Purpose; definitions.
(b) The definitions of this paragraph shall apply in the interpretation of the provisions of this part:
(1) The term duly ordained minister of religion means a person:
(i) Who has been ordained in accordance with the ceremonial ritual or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character; and
(ii) Who preaches and teaches the doctrines of such church, sect, or organization; and
(iii) Who administers the rites and ceremonies thereof in public worship; and
(iv) Who, as his regular and customary vocation, preaches and teaches the principles of religion; and
(v) Who administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization.
(2) The term regular minister of religion means one who as his customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister.
(3) The term regular or duly ordained minister of religion does not include:
(i) A person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization; or
(ii) Any person who has been duly ordained a minister in accordance with the ceremonial rite or discipline of a church, religious sect or organization, but who does not regularly, as a bona fide vocation, teach and preach the principles of religion and administer the ordinances of public worship, as embodied in the creed or principles of his church, sect, or organization.
- The term vocation denotes one's regular calling or full-time profession.
- Title 32 National Defense § 1645.2 The claim for minister of religion classification.
Source: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d999ee8b07626d017a0ac10f027a97bf&rgn=div8&view=text&node=32:6.2.2.19.15.0.8.2&idno=32 -Electronic Code of Federal Regulations; accessed 10/18/2010. Site maintained by the National Archives and Records Administration
- Title 32 National Defense § 1645.4 Exclusion from Class 4-D.
(a) He is not a regular minister or a duly ordained minister; or
(b) He is a duly ordained minister of religion in accordance with the ceremonial rite or discipline of a church, religious sect or organization, but who does not regularly as his bona fide vocation, teach and preach the principles of religion and administer the ordinances of public worship, as embodied in the creed or principles of his church, sect, or organization; or
(c) He is a regular minister of religion, but does not regularly, as his bona fide vocation, teach and preach the principles of religion; or
(d) He is not recognized by the church, sect, or organization as a regular minister of religion; or
(e) He is a duly ordained minister of religion but does not administer the ordinances of public worship, as embodied in the creed of his church, sect, or organization.
Source: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d999ee8b07626d017a0ac10f027a97bf&rgn=div8&view=text&node=32:6.2.2.19.15.0.8.4&idno=32 - Electronic Code of Federal Regulations; accessed 10/18/2010. Site maintained by the National Archives and Records Administration
- 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?
- In broad terms I believe the laws regarding Paganism and neo-pagan clergy are as balanced as those applying clergy of other religions. So long as the Neo-Pagan clergy is part of a recognized church they are not treated differently. Pagans connected to organizations not recognized as churches face the same legal difficulties as do the acting ministers of any other unrecognized religious group from native spiritual groups to basment-dwelling pentecostals.
- In broad terms I believe the laws regarding Paganism and neo-pagan clergy are as balanced as those applying clergy of other religions. So long as the Neo-Pagan clergy is part of a recognized church they are not treated differently. Pagans connected to organizations not recognized as churches face the same legal difficulties as do the acting ministers of any other unrecognized religious group from native spiritual groups to basment-dwelling pentecostals.
The laws of my country do not explicitly exclude Pagan Clergy from performing regular ministerial functions such as marriage and funeral rites.
- 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 do not consider any of the above laws as unjust or unfair; not even the previously mentioned restriction of fortune-telling/divination. Though the law did prompt our Pagan Pride Day committee to forbid tarot readings which caused a general gnashing of teeth, I would not go so far as to call it unjust. While Pagans may be more affected by that law than secular tarot-reading hucksters, it is not aimed in a discriminatory way at Pagans.
- I do not consider any of the above laws as unjust or unfair; not even the previously mentioned restriction of fortune-telling/divination. Though the law did prompt our Pagan Pride Day committee to forbid tarot readings which caused a general gnashing of teeth, I would not go so far as to call it unjust. While Pagans may be more affected by that law than secular tarot-reading hucksters, it is not aimed in a discriminatory way at Pagans.
- How do you see these laws affecting how you serve your Grove, ADF, or the community as a whole?
- The freedom of religion guaranteed by my country and the initiative and hard work of ADF founders to establish us as a Church mean I am better able than many other Pagans to serve my Grove, church, and community. Because ADF is a church and I am recognized Clergy, I am able to provide services to my Grove and community that are out of reach for many Pagans; I can perform marriage and funeral ceremonies, I can be at their side in the hospital, I can come to them if they are incarcerated, they may talk to me about legal worries and I can not be forced to betray their confidence (in most cases).
- 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 Counselors are defined by the American Association of Pastoral Counselors as "Pastoral Counselors are certified mental health professionals who have had in-depth religious and/or theological training." Virginia has licensing standards and requirements with separate licensing boards for many specific forms of counselling (Marriage & Family, Substance Abuse, Sex Offenders, et cetera) . All counselors require State-issued licenses except as stated in § 54.1-3701. "Exemption from requirements of licensure... 3. The activities of rabbis, priests, ministers or clergymen of any religious denomination or sect when such activities are within the scope of the performance of their regular or specialized ministerial duties, and no separate charge is made or when such activities are performed, whether with or without charge, for or under auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination or sect, and the person rendering service remains accountable to its established authority."
Sources: http://leg1.state.va.us/000/reg/TOC18115.HTM -accessed 10/18/2010. Site maintained by Virginia General Assembly;
http://aapc.org/content/about-pastoral-counseling
- 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.
- Virgina's mandtory reporting laws do not apply specifically to Clergy when the information is obtained as part of their clerical duties or is imparted to them with an assumtion of confidentiality. It could be argued that ADF has no estalished tradition or policy of confidential communication with Clergy and I believe our own Virtues would demand a Clergy person to report any abuse to the appropriate authorities. However, here in Virginia, it would appear that Clergy are not required to do so by law.
- Virgina's mandtory reporting laws do not apply specifically to Clergy when the information is obtained as part of their clerical duties or is imparted to them with an assumtion of confidentiality. It could be argued that ADF has no estalished tradition or policy of confidential communication with Clergy and I believe our own Virtues would demand a Clergy person to report any abuse to the appropriate authorities. However, here in Virginia, it would appear that Clergy are not required to do so by law.
Sources: http://www.dss.virginia.gov/family/aps_mandated.html -accessed 10/18/2010. Site maintained by VA Department of Social Services; http://www.rainn.org/pdf-files-and-other-documents/Public-Policy/Legal-resources/2009-Mandatory-Report/Virginia09C.pdf -accessed 10/18/2010. Site maintained by the Rape, Abuse & Incest National Network.