Religious Institutions

Haynes Boone’s Religious Institutions Practice Group provides experienced legal services tailored to faith-based organizations, addressing areas such as appellate representation, public policy advocacy, real estate and property solutions, corporate governance, insurance recovery, bankruptcy and restructuring, employment and ERISA compliance, and finance and investment. Their interdisciplinary team offers comprehensive legal support that balances financial stability with the preservation of religious missions and values. Areas of focus for religious and faith-based institutions include:

Appellate

Representation of faith-based publications in cases involving freedom of speech and freedom of association
Defense of faith-based institutions' constitutional and statutory rights at all levels of the judicial system
Litigation addressing ministerial exception, Religious Freedom Restoration Act claims, and First Amendment protections

Public Policy

Advocating for protection of free speech rights for faith-based institutions before legislative bodies

Real Estate and Property Solutions

Strategic acquisition, sale, development, and leasing of church property
Innovative repurposing solutions that balance revenue generation with mission preservation
Land use, zoning requirements, and joint ventures
Creation of covenants and regulations that promote religious faith and traditions

Corporate Governance

Guidance on tax-exempt status maintenance and navigating UBTI issues
Advisory services for religious-affiliated organizations including retirement homes, schools, universities, and healthcare facilities
Fiduciary duty and compliance risk management
Fundraising regulation compliance
Establishment of proper management controls

Insurance Recovery & Risk Management

Insurance coverage selection and claims assistance
Risk assessment and mitigation strategies for religious operations
Representation for church-sponsored shared risk pools on excess and reinsurance issues
Compliance with state and federal regulations while respecting religious principles

Bankruptcy & Restructuring

Navigation of Chapter 11 bankruptcy proceedings
Restructuring of financial obligations
Creditor negotiations
Development of reorganization plans that preserve church assets
Defense against tort claims while protecting assets and essential services

Employment and ERISA

Development of workplace policies aligned with spiritual values and legal requirements
Advisory services for religious-affiliated organizations including retirement homes, schools, universities, and healthcare facilities
Representation in employment-related agency investigations, administrative charges, lawsuits, and arbitrations
Guidance on workplace law compliance and ministerial exception applications
Workplace and management training
ERISA compliance

Finance and Investment

Structuring of tax-exempt bonds and financing for church projects
Investment strategy and endowment management
Financial reporting guidance that maintains transparency and accountability
Asset safeguarding in alignment with religious principles

Tax

Entity structuring, formation and restructuring
Tax incentives and credits
Unrelated Business Taxable Income (UBTI)

Our Approach

We understand the dual imperatives facing religious institutions today: maintaining financial stability while preserving their core mission and values. Our interdisciplinary team draws from significant experience across practice areas including Appellate, Healthcare, Litigation, and Pro Bono services to deliver comprehensive legal solutions that respect and advance the unique role of religious institutions in our society.