Perhaps many Christians do not understand the importance of bylaws. Some perceive them as a legal formality foisted upon churches as a consequence of incorporation, a sort of “necessary evil” box that can be checked and forgotten about. In fact, bylaws can be critical in protecting Christians’ free exercise of religion because they communicate a local church’s rules to the courts, bind individual members legally, and are flexible enough to quietly address contemporary concerns.
Bylaws Communicate to the Courts
Generally, the scope of judicial inquiry is confined to the question of whether a church’s actions complied with its own rules, and courts expect to the find those rules, in the first instance, in the church’s bylaws. The bylaws of a religious corporation (i.e., an incorporated church) provide the guidelines, policies, and procedures adopted and used for the regulation and management of the organization’s affairs. While the various principles and practices should be based in Scripture and could be distilled and articulated without bylaws for purposes of a church’s day-to-day functioning, if and when a legal dispute arises, courts will look at the bylaws rather than the Bible to determine questions of authority and procedure. The bylaws, then, provide the primary means for legal authorities to understand—but not dictate—the internal relationships and expectations within individual churches.
Given the legal significance of bylaws, churches should carefully articulate important aspects of their organization and internal workings in their bylaws and document the biblical basis for their principles and procedures by citing Scriptures as appropriate throughout. This makes it clear to a reviewing court that the rules are matters of Christian faith. Some Christians prefer not to incorporate or prepare comprehensive bylaws because they believe this invites additional scrutiny and interference by the government. Ironically, the opposite is true. Courts typically defer to specific procedures outlined in bylaws. The clearer and more explicit a group’s religious beliefs are expressed in its bylaws, the more likely it is that the government will avoid interfering. Not having bylaws or having deficient bylaws, then, could actually place control of certain aspects of a congregation’s business in the hands of the state and the courts.
Bylaws Legally Bind Members
In my experience, churches of Christ are often lackadaisical in articulating the specific bounds of their memberships. They are generally too comfortable with attendees’ ultimate status as members or non-members being subject to significant question because some are never formally recognized as members. Rather, they are eventually accepted and treated as members by virtue of their continued attendance. On the other hand, some attendees who leave off assembling, whether due to unfaithfulness or relocation or “moving membership,” never have their congregational membership formally terminated. When internal strife or legal difficulties arise, this can be very problematic. It is important to include clear guidance in the bylaws regarding how membership is established and terminated in order for reviewing courts to readily ascertain who is legally obligated to submit to a particular congregation’s leadership and teachings.
Assuming appropriate provisions regarding congregational membership exist, churches should understand that, legally, bylaws govern the rules and incidents of membership. Legally, a church’s bylaws establish an enforceable agreement between the members. As the Supreme Court of Illinois explained long ago, “In churches, lodges, labor unions, and other like voluntary associations, each person, on becoming a member, either by express stipulation or by implication, agrees to abide by all rules and regulations adopted by the organization.” Engel v. Walsh, 258 Ill. 98, 103 (1913). Various courts have recognized that churches may adopt bylaws for their governance, and that, unless the provisions conflict with state law or are contrary to public policy, the bylaws are binding upon the members of the church. See, e.g., Geiss v. Trinity Lutheran Church Congregation, 119 Neb. 745 (1930); First Protestant Reformed Church of Grand Rapids v. De Wolf, 344 Mich. 624, 632 (1956); Rock Zion Baptist Church v. Johnson, 47 So. 2d 397, 399 (La. Ct. App. 1950).
The Supreme Court has recognized “a spirit of freedom for religious organizations, an independence from secular control or manipulation, in short, power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine,” and has recognized that this freedom is rooted in the Free Exercise Clause of the U.S. Constitution. Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171, 186 (2012). It is easier for courts to respect this freedom when a church’s bylaws spell out relevant details of its governance. Courts will not conduct Bible studies with members and churches if conflicts and legal disputes arise. Without good bylaws, Christians will have to argue publicly about precisely what the rules are, and the courts will have to decide. Bylaws obviate the need for all of this. The Bible tells Christians to work out their disagreements internally, and the courts will say the same to complaining members so long as the congregation articulates and follows its policies and procedures for doing so.
Bylaws Address Emerging Challenges
Churches sometimes place their doctrines and policies into their articles of incorporation, but I believe this is unwise. The legal and social environment changes, sometimes dramatically and rapidly. Also, congregations’ understandings, particularly regarding matters of judgment and discretion, change, and it is comparatively burdensome to change the articles of incorporation. Special meetings are usually required, new documents must be filed with the state, and new fees will be incurred. Moreover, such filings make internal information unnecessarily public. Bylaws can be updated more easily and discretely. The better practice, in my estimation, is to use and adjust them as necessary to address emerging challenges and changes.
Church bylaws should be periodically reviewed and revised to ensure they are appropriate for contemporary concerns. Some churches cannot even locate their bylaws. Others have never revised them. When they were written five or more decades ago, no one anticipated the need to address, among other things, important issues like the authority of Scripture, the role of elders, sexual misconduct, electronic privacy laws, background screening of volunteers, liability insurance, building use by non-members, homosexual marriage, and gender identity. While there may not have been a need to address such matters before, the need could hardly be more obvious and urgent today.
Churches can, of course, adopt policies outside of the bylaws, and it is likely best to develop detailed stand-alone policies regarding some of these matters because the policies reflect specific interpretations and applications of the bylaws and can be adjusted with relative ease. However, the stand-alone policies do not have the legal force of bylaws. Controlling principles should be included in the bylaws. That is where the courts will begin.
Concluding Observations
Every congregation should review its bylaws and update them to keep pace with evolving church practices and challenges. While a church can function without ever reducing its rules and practices to writing, this only makes it more difficult for courts to discern and defer to them. Bylaws may not seem to matter much as Christians go about their day-to-day service but, when a potential legal dispute arises, they will matter a great deal. Wisdom and prudence demand that they be given proper attention.
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.