Church Incorporation Explained
October 20, 2022
Amendment 3 - Incorporation of Churches or Religious Denominations Amendment
West Virginians will soon decide if they want to modify their constitution to allow churches to incorporate. This prohibition on churches and religious associations organizing as a corporation was apparently copied from Virginia's constitution and has been part of the W.Va. constitution since 1863.
In 2002, Virginia was forced to end the long-standing prohibition on church incorporations when it lost a lawsuit brought against the state by Jerry Falwell, aided by the ACLU. That makes West Virginia the lone state to prohibit church incorporations.
The current/original wording of West Virginia Constitution, Article 6, Section 47:
“No charter of incorporation shall be granted to any church or religious denomination. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination.”
Amendment 3 - Incorporation of Churches or Religious Denominations Amendment
West Virginians will soon decide if they want to modify their constitution to allow churches to incorporate. This prohibition on churches and religious associations organizing as a corporation was apparently copied from Virginia's constitution and has been part of the W.Va. constitution since 1863.
In 2002, Virginia was forced to end the long-standing prohibition on church incorporations when it lost a lawsuit brought against the state by Jerry Falwell, aided by the ACLU. That makes West Virginia the lone state to prohibit church incorporations.
The current/original wording of West Virginia Constitution, Article 6, Section 47:
“No charter of incorporation shall be granted to any church or religious denomination. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination.”
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