7 | Constitution/Bylaws & Administration

Disclaimer: This notebook and seminar does NOT constitute legal advice.

“Keep Your Church Out of Court” presents a summary of legal issues with a view towards real-world application. The seminar content is:

Section 7 – Constitution/Bylaws & Administration

Church Bylaws Summary* (3 pages)

  • Constitution & Bylaw Legal Protections
    • Marriage & Sexuality – Churches need a Biblical definition of marriage in their bylaws. This protects the church in the event an employee engages in an unbiblical sexual relationship or if an unmarried couple seeks to participate in events designed for married couples.
    • Biblical Authority – Legal challenges to church policies or bylaws may require a ruling on the interpretation of Scripture. Defining a governing body or group as the church’s sole authoritative interpreter of Scripture specifies how this will occur should a dispute or legal challenge arise.
    • Membership Definition – Develop a clear definition of a member in good standing. Clarify that full agreement with the church’s statement of faith is a pre-requisite for church membership.
    • Member Discipline Procedure – Since we are a fallen people living in a fallen world, situations will arise requiring church discipline. Outline the process and forum where these delicate and sometimes difficult conversations will occur.
    • Procedure for Rescinding Membership – Define the bylaw-defined group that will make an official determination on rescinding member status for an individual.
  • Suggested Language for Church Bylaws” by Alliance Defending Freedom (ADF)* (1 page) – ADF offers suggested church bylaw language in three areas:
    1. Biblical Authority
    2. Membership
    3. Marriage and Sexuality
  • Five Things All Churches Should Have in Their Bylaws” by ADF* (5 pages) – While there is no “magic language” that offers total protection from legal challenges, ADF offers additional suggestions to strengthen the bylaws of a church and ensure the broadest possible protections of church autonomy. The five areas that should be covered by a church’s bylaws include:
    1. Statement of Religious Belief Regarding Marriage, Gender and Human Sexuality
    2. Identify the Governing Body That Is the Sole Authoritative Interpreter of Scripture
    3. Formal Membership Policy
    4. Procedure for Member Discipline/Membership Revocation
    5. Procedure for Rescinding Membership
  • First West 2025 Constitutional Amendment* (4 pages)
    • Statement of Faith and Doctrine – Churches may reference a doctrinal or confessional statement in their Biblical authority statements. Southern Baptist churches might use language that references The Baptist Faith and Message.
    • Final Interpretive Authority – As referenced above, it’s important to define a governing body or group as the church’s sole authoritative interpreter of Scripture. This provides a bylaw-defined process for a ruling on the interpretation of Scripture should a dispute or legal challenge arise.
  • First West 2015 Bylaw Revisions Overview* (3 pages)
    • Membership – Answer the question: Who can become a member? Clarify that church members must adhere to a clearly-defined Statement of Faith. A member’s failure to abide by the church’s policies, doctrines and teaching can result in church discipline.
    • Church Discipline – Define a Church Discipline Process in your bylaws. It is important to Detail how (who, what, when and where) church discipline will occur.
    • Pastor Search Process – In many churches, pastor search committees are formed once a Lead Pastor vacancy occurs. Detail how this committee is nominated and elected as well as other steps in the process.
    • Ministerial Staff – Clarify how ministerial staff are selected and approved. Note that this selection process typically differs from the process used for Lead Pastor vacancies.
    • Deacons – Answer the question: Who is eligible to serve as a deacon?
    • Trustees – Church trustees or elders usually hold (and authorize transfers) church property in trust as representatives of church membership. Define how many trustees are authorized for election by the church, and specify their roles and responsibilities, especially with relation to church property and real estate.
    • Committees – Define the roles, responsibilities and composition of all standing committees in the church’s bylaws.
    • Regular Meetings – Ensure regular meetings specified in church bylaws match current practice.
    • Quorum – Provide a reasonable, attainable rule (likely meaning a lower threshold) for establishing a quorum.

Admin & Tax Forms Summary* (3 pages)

  • Law & Tax Resources
  • IRS Information for Churches
  • General IRS Forms
  • IRS Gateway Web Sites
  • Church Management Consultants
  • Church Finance Reading List
  • Church Administration Reading List

Forms & Documents Summary* (2 pages)

  • Financial Forms
  • Operations Forms
  • Personnel Forms

Section 8 – Reference

Keeping Your Church Out of Court, 4th Edition” by Texas Baptists* (146 pages)

  1. Church Organization and Operation
  2. Church Liability for Personal Injury and Property Damage Claims
  3. Decision Makers: Liability and Protection
  4. Employment Law
  5. Taxes and Governmental Compliance
  6. Intellectual Property

Legal Terms Glossary Excerpt

  • The Legal Terms Glossary defines over 100 of the most common legal terms in easy-to-understand language. Selected terms are listed in alphabetical order.
  • See the full “Legal Terms Glossary” by the U.S. Department of Justice.

*  Document Attached

   Section 7 Content

   Seminar Workbook

   Seminar Slide Deck

   Church Law & Tax

   Alliance Defending Freedom

   Michael Best