LGBTQ advocates often use civil and criminal courts to pressure and silence religious objectors. Consequently, churches should be proactive in anticipating and addressing practical and legal challenges coming with rapid cultural changes. As the broader culture becomes more accommodating of homosexuality and transgenderism, failing to prepare is simply irresponsible. After all, Jesus calls his disciples to be “wise as serpents” (Matthew 10:16 ESV).
Among other things, preparing for mounting legal challenges involves updating or re-writing congregational bylaws and policies. This may require more effort for some churches than others because, in my experience, some cannot even locate their bylaws and policies. When they can locate them, and if they have relevant policies, the documents have not been updated in decades and clearly do not anticipate modern challenges. Most congregations would do well to add language addressing, at a minimum, the areas discussed below.
Authority. While bylaws are legal documents, the church is spiritual in nature, and its spiritual emphasis should be clearly stated and explained in congregational bylaws. When legal disputes arise regarding internal church workings, courts are loath to engage in Bible studies and arguments, so it is vitally important that churches clearly explain the Bible bases for their practices in the appropriate legal and operating documents. One important step in this regard is plainly declaring that the Bible is the inspired word of God (see 2 Timothy 3:16¬–17; 2 Peter 1:20–21) and a congregation’s final authority. Of course, some churches are beholden to councils and creeds. Churches of Christ, though, should make it plain that the Scriptures control their religious doctrine and practices, individual congregations are autonomous, and local elderships are empowered by the Bible with authority in matters of discretion relating to the life and work of local congregations.
Gender. One should anticipate that male will enter into a church building and expect to use female bathroom facilities with the mothers, wives, and daughters of a congregation. It is also likely that a family in a congregation will insist that its daughter identifies as a boy and should consequently be allowed to participate in boys’ Bible classes and activities. Similar things are occurring in schools and public accommodations throughout the nation and, if they have not already, it is only a matter of time before they visit places of Christian worship. Hence, each congregation should have a clear provision or policy explaining that the Bible teaches that human beings are immutably made in God’s image as either male or female and that gender limitations placed on participation in any class, program or of work of the church shall be determined exclusively by an individual’s biological sex at birth.
Marriage. Marriage involves the uniting of one man and one woman in an exclusive, lifelong covenant sanctioned by God (see Genesis 2:18–25; Matthew 19:9), and sexual intimacy is only permitted by God within this union (see 1 Corinthians 6:18, 7:2–5). Any sexual activity outside of marriage, including adultery and homosexuality, is strictly and absolutely forbidden in Scripture. Because significant congregational activities revolve around marriage and married couples, and in light of ongoing and burgeoning efforts to reimagine marriage in ways that contradict the Bible, churches should clearly state their understandings of what the Scriptures teaching regarding the nature and limits of the institution.
Weddings. Individuals seeking to use church facilities or enlist church staff to participate in wedding ceremonies have contacted many preachers in recent years. In most cases, there is obviously no sincere interest in involving the staff and the churches because the callers never entered the church building either before or after making inquiry. Rather, the solicitors were searching for churches that would turn them away specifically because they are homosexual. Some ministers and churches have been sued under such circumstances. While there are wise ways to effectively handle these inquiries, faithful churches must ultimately decline to participate. Their bylaws and policies should prohibit staff and members from using their titles, positions, or influence in ways that contradict or undermine the teachings of the Bible by, among other things, officiating in wedding ceremonies that are inconsistent with the Bible’s teachings on marriage, divorce, and human sexuality.
Facilities. In days gone by, churches could afford to be relatively liberal regarding the use of their facilities. For instance, many congregations have rented their facilities for weddings and allowed civic organizations or community groups to gather in them. In the current climate, it will be wise to exercise greater caution in the days to come. For example, renting facilities is a commercial activity rather than a spiritual one, and a business can be legally sanctioned for violating non-discrimination laws. Consequently, it is safest for churches to avoid renting their halls, auditoriums, or homes. Otherwise, they can run into real trouble by turning people away because of their sexual orientation or gender identification. Moreover, I generally recommend against allowing groups unaffiliated with the church to use its facilities unless a responsible church leader or member is part of the visiting group and will oversee its use. In that case, the church actually allows the leader or member to use the building, perhaps as a community outreach or service effort, rather than the group. Then, if a concern develops about the ideology or practices of the group, the congregation can simply stop allowing its own member to use the building for that purpose. Facilities use policies can be more or less conservative and should be adapted to congregation’s particular environment and needs.
Membership. Heretofore, churches of Christ have been rather lackadaisical in specifying the parameters of their memberships. People are sometimes accepted or dismissed as members merely because of the passage of time. For a host of reasons, it is best to provide guidelines for establishing and terminating membership with the local church. For instance, the U.S. Supreme Court has recognized churches’ freedom to govern their members, but when there is a dispute over who is and is not a member, there is room for courts to decide individuals’ membership status. This determination matters a great deal, for example, when efforts to discipline fellow Christians who do not conform to the Bible’s teachings are contested in the courts or when permitting persons to enter and use the church facilities.
Christians occasionally object to making spiritual declarations in bylaws and written policies. Some are concerned that they resemble creeds, but I am not advocating creation of creeds. In fact, persons raising these concerns often attend congregations that have websites discussing, among other things, their various programs and practices and explaining their understandings of Bible doctrines regarding salvation and worship. These congregations obviously are not bound by their websites. If ever the need arises, websites can be changed to better conform to Bible doctrines and reflect new church practices. Similarly, bylaws and policies can be changed. They do not control what churches do any more than websites. Instead, they communicate what churches do.
Written bylaws and policies are vitally important when legal disputes arise, and it is well worth preparing them in anticipation of emerging threats. While no document guarantees avoidance of harassment, complaints, and lawsuits, adopting and following wise policies saturated with Bible references helps churches minimize troubles and effectively handle legal challenges that can potentially arise. You may find helpful examples and models in formulating language for your bylaws and policies at www.christianlegalforum.org.
Disclaimer: This post is provided for informational purposes only. It does not constitute legal advice, and should not be construed as legal advice. If you want legal advice, please contact and retain a lawyer licensed in your jurisdiction.