NMB Scores Landmark Victory for Historic OKC First Church

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Celebrating on the Courthouse Stairs

Nelson Madden Black is pleased to announce a successful result on behalf of OKC First Church, an iconic Oklahoma City Church, and a pillar of the OKC community. On June 18, 2026, Partner Barry Black traveled to Oklahoma City to represent the church at oral argument in ongoing litigation over the church’s property following its decision to disaffiliate from the Church of the Nazarene.

The dispute has attracted significant attention in Oklahoma and beyond. After an overwhelming congregational vote last year to disaffiliate from the Church of the Nazarene, the denomination dragged OKC First into court, seeking to deprive the members of OKC First of their church property and longtime home.

Over 100 church members attended oral argument, with standing room only remaining (even the jury box was filled).  The argument focused on the fact that OKC First was never subject to the Church of the Nazarene’s doctrine or governance. Countless hours of research into historical documents led to the discovery of OKC First’s 1936 Articles of Incorporation, which proved its independence from the denomination. The exhaustive and enduring legal efforts resulted in Oklahoma County District Judge Sheila Stinson granting OKC First summary judgment from the bench.

Nelson Madden Black is honored to have represented OKC First Church in this significant matter and remains committed to protecting the rights of religious organizations and their congregations.

For additional background information on the dispute, see media coverage of the case.

Nelson Madden Black Secures Landmark Appellate Reversal on Religious Solemnization

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In a significant victory for religious autonomy, the Appellate Division, First Department, reversed a trial court’s ruling that had improperly declared a religious blessing to be a valid civil marriage. Represented by Nelson Madden Black LLP, the amici curiae—including Bishop Anba David and the Coptic Orthodox Diocese—successfully argued that secular courts cannot disregard undisputed religious requirements for solemnization in favor of subjective secular factors. The appellate court held that because the parties failed to comply with any of the established Coptic Orthodox rites—such as the exchange of rings, premarital courses, or the formal invocation of the Holy Spirit—the ceremony did not constitute a solemnized marriage under New York’s Domestic Relations Law.

This outcome reinforces the “neutral principles of law” approach, ensuring that judicial involvement remains limited to objective standards rather than meddling in ecclesiastical doctrine. By securing this reversal, Nelson Madden Black helped establish a critical precedent that protects religious institutions from having their sacred blessings recharacterized as civil legal contracts by secular authorities. The decision clarifies that while New York recognizes marriages without a license if they are properly solemnized, courts must respect the specific, uncontroverted traditions of the religious denomination involved rather than relying on the subjective beliefs or subsequent conduct of the parties.

Read the court documents in this link to the Decision.

 

NMB Partner Chris Byrnes Part of Distinguished Panel

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Nelson Madden Black partner Chris Byrnes spoke yesterday at Napa Legal Institute’s Good Counselor Project National Lawyers Conference in Washington, DC on how the Tax Code affects how faith-based nonprofit institutions can discuss political issues and educate voters on candidates and issues.  He also discussed the impact that anticipated staff cuts at the Internal Revenue Service may have on faith-based nonprofits in the near future.  

Nelson Madden Black Earns a Big Property Tax Exemption Win for Religious Organizations

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In a very important decision with significant and potentially broad ramifications, the Second Department ruled that Real Property Tax Law Section 420-a  applied to the residence of NMB client Harrison Orthodox Minyan’s Torah reader, because the home was “utilized primarily in furtherance of exempt purposes.”  The opinion began with “[t]his appeal provides this Court with an opportunity to clarify the standards courts should consider when deciding whether a covered not-for-profit corporation is entitled to a full tax exemption pursuant to RPTL 420-a for property allegedly utilized primarily in furtherance of exempt purposes.”  This decision will likely prove to be a lead case upon which many courts will rely to determine similar matters.

The decision was covered by Bloomberg.  The full opinion can be viewed here.

New York Law Journal Column – Potential Pitfalls in Arbitrating Religious Disputes

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In the February 5, 2025 edition of the New York Law Journal, partners Barry Black and Christopher Byrnes explore the potential pitfalls of using arbitration to resolve religious disputes. Noting that while arbitration offers advantages like flexibility, cost-effectiveness, and privacy, it can be unpredictable and may not always be suitable for resolving disputes within religious organizations. The article also discusses the legal complexities surrounding religious disputes, including the ecclesiastical abstention doctrine, which limits the involvement of secular courts in such matters. The authors propose a hybrid approach that combines litigation and arbitration, offering a more balanced and secure way to resolve disputes within religious organizations. Read the full article here: Potential Pitfalls in Arbitrating Religious Disputes

New York Law Journal – Politics From the Pulpit: Can a Church Really Say That?

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In the August, 29 2024 edition of the New York Law Journal, partners Barry Black, Christopher Byrnes and Hillary Byrnes offer expert analysis on the legal boundaries that religious organizations and clergy must navigate during election years. With the 2024 election approaching, the importance for churches and clergy to understand the restrictions imposed by the IRS’s 501(c)(3) tax-exempt status, which prohibits political campaign intervention. This includes endorsing or opposing candidates or using church resources for political purposes.

While churches cannot support political candidates, they are free to advocate for public policy issues, as long as it doesn’t cross into campaign intervention. It also explains that churches can educate voters in a neutral manner, for example, through nonpartisan voter guides. Furthermore, churches may invite candidates to speak, but must ensure equal opportunities for all candidates. Religious leaders are advised to consult with legal counsel to ensure compliance and avoid potential penalties, including loss of tax-exempt status.

Read the full article here.

New York Law Journal Column – Religious Organizations Differ From Other Nonprofits—Here’s Why That Matters

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In the August 30, 2023 edition of the New York Law Journal Religion Law column, partners Barry Black and Christopher Byrnes examine the key differences in religious institutions vis-a-vis other nonprofit organizations and why that matters. In particular, the article dives into key structural and operational considerations ranging from autonomy and governance, employment and tax considerations.

To read the full article click here.

 

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Heritage Foundation General Counsel Chris Byrnes Joins Nelson Madden Black as Partner

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Chris Byrnes, the outgoing General Counsel of The Heritage Foundation, will be joining the religion law firm Nelson Madden Black LLP as a partner as of September 1, 2023.

Mr. Byrnes will be launching the Washington, D.C., office of New York-based Nelson Madden Black.

For the past five years of his seven years at Heritage, Mr. Byrnes served as the organization’s chief legal officer in its senior management team, advising on and overseeing all of Heritage’s legal, regulatory, and compliance matters. Mr. Byrnes also was the legal advisor and primary liaison to Heritage’s Board of Trustees. With more than 500,000 members, The Heritage Foundation is the nation’s largest and most broadly supported conservative research and educational institution and was ranked as the No. 1 think tank in the world for “Significant Impact on Public Policy” for three years in a row.

A graduate of Georgetown University’s School of Foreign Service and Georgetown University Law Center, where he was president of the student chapter of the Federalist Society, Mr. Byrnes previously served as in-house associate counsel for a major proprietary university headquartered in Herndon, Virginia; senior attorney-advisor at the U.S. Commission on Civil Rights; attorney-advisor at the U.S. Department of Education’s Office for Civil Rights; and attorney at Defenders of Property Rights. He is an active member of Alliance Defending Freedom’s Allied Attorney Network.

Barry Black, a partner in Nelson Madden Black, said, “Chris’s arrival speaks volumes about how far Nelson Madden Black has come since we opened our doors seven years ago. Chris brings a whole new level of organizational advocacy to our firm as well as a wide network of contacts in Washington, D.C., and throughout the nation. We look forward to continuing to expand our religion law practice in New York and Washington, as well as nationally.” 

Commenting on his new role as a partner in Nelson Madden Black, Mr. Byrnes said, “I have devoted my career to mission-oriented clients, and I look forward to focusing on religious clients and causes, defending those facing religious persecution, and protecting the First Amendment rights of individual and organizational clients.”

Nelson Madden Black, whose practice is limited to religion law, represents religious institutions and associations, municipalities, universities, clergy and other clients in a variety of disputes ranging from governance, property, and employment matters to religious liberty and other First Amendment claims.

New York Law Journal – Is ‘De Minimis’ Cost Sufficient to Curtail Employees’ Religious Freedom?

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In the May 23, 2023 New York Law Journal religion law column, co-authors Barry Black and Sarah Child examine laws, including the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972, and their interpretation in courts while analyzing the recent Groff v. DeJoy Supreme Court case, where the court expressed discomfort with the appropriateness of the “de minimis” standard. There will likely need further clarification around religious employees’ protection under precedent rulings.

Read the full article here.