1. There is NO WAY that preacher or any preacher knows for sure whether a man is saved or not. There are many examples of born again believers have committed adultery, fornication, gotten drunk and even committed murder. Yes, murder. There are many born again saved sinners who have "backslidden" (to use an evangelical term) and become unrecognizable as Christians. There are some who have even renounced Christ -- though He never renounces His children, thank God. So they might not bother to tell people of their, say, childhood conversion. The point is, the pastor DOES NOT KNOW. And if he is loving, he will give the benefit of the doubt and not assault a grieving family.
2. "LOVE one another." A grieving family is not the place, and a funeral is not the time to drop the hammer. And you are devoid of compassion and love if you think they should, and the family should sit there and be brutally subjected to such at such a time and have to take it. It is inconsiderate, unfeeling, unloving, and if you think people will be "drawn to Christ" by such boorish behavior, THINK AGAIN.
There are ways to say it. The loving pastor can offer, if he feels compelled to address it directly, words that he doesn't know for sure and has no way of knowing the eternal disposition of the deceased. WHICH IS THE TRUTH. He can say that he hopes the deceased is in heaven. And add that everyone there CAN KNOW what their own eternal destiny will be, and settle it once and for all if they but invite Jesus Christ into their heart to save them.
3. I shudder to think there really are Christian "monsters" out there who really would do something like pull shocked, heartbroken, grieving 10-year-old little Suzie aside and tell her that her dead daddy is burning in fire. Whether it is true about her daddy or not (AND THEY HAVE KNOW WAY OF KNOWING), it is monstrous behavior. And I feel sure that the Saviour will have somewhat to say to them at the Judgment Seat, if not before.
If you are one such monster, stay away from children. For their sake, and yours.
I'm reminded of a audio book I listening to - Glass Lake. A woman leaves her husband and two children to go to another man. She had always promised she would not leave without telling her husband. It turned out she left a note on his pillow that explained why and what she was doing.
When the mother did not return from a walk by the lake, and the discovery of their overturned boat, the daughter found the note in her father's room. Scared to death that her mother committed suicide and therefore the church would not allow her to be buried in the church yard, she took the note and burned it without reading it. She never told the father and everyone thought the woman had drowned.
Years later after writing to one of her mother's friends and developing a wonderful relationship - she happened to meet the woman and it was her mother who had pretended to be a friend to write to her daughter. All was discovered and they finally decided not to tell the family and the mother was to remain dead. The father remarried, the son does not know his mother is alive and the daughter hates her.
Anyway - all because the 10 year old daughter could not bear for her mother not to be buried in the church yard.
So what? The knowledge given to this minister is not the issue here. The issue is whether the content of a sermon is a proper thing to be considered by the courts. You responded to a quote of mine that you cut and pasted. The entireity of that cut and paste dealt with the issue of court action over the content of a sermon.
For the sake of argument, here is the section you cut and pasted: "So preaching the bible is an "emotional assault"? So anyone at a church service can sue the preacher if their feelings are hurt? Should a preacher be required to submit all sermons to the government to ensure political correctness?" Now, just what do you find in these questions that makes you think that I am a monster or that I should be kept away from children?