501(c)(3) status does not create jurisdiction for Title IX

Receipt of section 501(c)(3) recognition of charitable exempt status from the Internal Revenue Service does not constitute “federal financial assistance” that subjects a private religious school to the anti-discrimination provisions of Title IX of the Education Amendments of 1972, the Fourth Circuit Court of Appeals has ruled.  In a case that drew amicus briefs on behalf of more than 15 independent and religious school groups, the Court has ruled that receipt of 501(c)(3) status does not constitute federal financial assistance as contemplated by the law.

Fraternity member denied reinstatement of membership

A former member of the Alpha Phi Alpha fraternity at Chicago State University has lost a claim against the national fraternity to reinstate his lifetime membership.  A federal District Court in Indiana has dismissed his pro se motion for summary judgment and dismissed the case.

Utah Repeals Charitable Solicitation Registration Requirement

Will not accept registrations after May 1, will require Form 990 filing in 2025

The state of Utah has recently, and without fanfare, passed a statute (H.B.43) that repeals the requirement for most charities to file charitable solicitation registration forms with the state, commencing with the effective date of the statute on May 1, 2024. 

Worshipper can’t stop sale of religious building

When the governing body of The Islamic Society of Essex County (NJ) decided to sell the building where it had provided religious and cultural services for many years and purchase a new building in a new location, one of the longtime worshippers objected.  After multiple complaints and amendments, she brought a derivative suit against the corporation, a claim for breach of charitable trust, and a direct cause of action against the Society and its Board.  An appellate court in New Jersey has affirmed a trial court decision dismissing all three claims.

Court Affirms Trial Court Decision Denying Termination of Charitable Trust

Decision was within discretion to determine that burdens were not “unreasonably out of proportion to the charitable benefits”

The Pennsylvania Supreme Court has affirmed a decision by a state trial court holding that a charitable trust providing support of Virginia Military Institute should not be terminated because the additional burdens of operating as a separate private foundation were not “unreasonably out of proportion to the charitable benefits” of the trust.