Courts are very reluctant to touch cases involving religious doctrine. However, he goes on to warn that secular activities are not protected under the First Amendment. Matters such as wrongful discharge, sexual harassment and intentional acts or torts all are considered to be in the secular domain. Counseling is an area where the lines between religious and secular can become blurred, he warns, and where liability could occur. Clergy often provide counseling as part of the pastoral duties, Hagglund notes, but adds that they need to make it clear to the people whom they are advising that they are not providing psychological or psychiatric services.
Defamation is another area of concern for members of the clergy.
Hagglund explains that the church normally can admonish members. However, if remarks are made concerning a nonmember, then a defamation suit could be successful. Hagglund points to one suit where a minister falsely accused a Maryland couple of child abuse. The minister claimed his statements about the suspected abuse were made in the course of his ministerial duties. The court, however, refused to dismiss the lawsuit because the couple were not members of the church.