Category Archives: Church Law
The Power of Well-Drafted Church Bylaws
By H. Robert Showers, Esq. I. Introduction Fifty years ago, few people—especially churchgoers—would have dreamed of suing the church. However, the legal climate today has changed dramatically, and lawsuits against churches are increasingly common. Fortunately, every state except West Virginia now permits churches to incorporate.1 Incorporation is a powerful tool for churches and member… Read More »
3 Legal Strategies to Decrease Your Liability
By Kyle Winey, Esq. I. The Need for Liability Limitation We live in a highly litigious culture. Businesses, nonprofits, and other organizations are increasingly exposed to legal liability. For example, businesses increasingly fear the vitriol of litigious patrons—and for good reason. That’s why all businesses, nonprofits, and churches should take significant measures to protect… Read More »
West Virginia’s Complicated Relationship with Church Incorporation
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted… Read More »
Church Third Party Uses: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted use purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, jeopardizing tax exempt status of property, entity or UBIT and getting dragged into court… Read More »
Virtual Currency Gifts: Should Churches and Nonprofits Accept Bitcoin?
Virtual Currency Gifts: Should Churches and Nonprofits Accept Bitcoin? By William R. Thetford, Esq. and H. Robert Showers, Esq. Updated July 14, 2021 Preface Excitement rides high on the cryptocurrency wave these days. Even on the wave, though, one must be wary of the height. For churches and nonprofits, that height might be too… Read More »
Amidst Anticipated Relief, Big Questions Remain for COVID Vaccines, Masking Requirements, and Risk Management
Amidst Anticipated Relief, Big Questions Remain for COVID Vaccines, Masking Requirements, and Risk Management By William R. Thetford, Esq. and H. Robert Showers, Esq. May 28, 2021 The day many Americans began dreaming of in March 2020 is arriving as states end executive orders limiting gatherings, masks (at least for those who are vaccinated),… Read More »
What You Need to Know About H.R. 5 (“The Equality Act”)
What You Need to Know About H.R. 5 (“The Equality Act”) By H. Robert Showers, Esq. and William R. Thetford, Esq. April 27, 2021 In the wake of the new administration, Congress has taken up H.R. 5, entitled the Equality Act by its supporters. Evangelical Protestant, Catholic, and Orthodox Jewish groups, as well as… Read More »
PPP 2.0: What your Organization Needs to Know About the Second Draw of the PPP
PPP 2.0: What your Organization Needs to Know About the Second Draw of the PPP By H. Robert Showers, Esq. and William R. Thetford, Esq. January 19, 2020 While many organizations await final forgiveness of their initial Paycheck Protection Program (PPP) loans, Congress recently approved an expansion of the PPP, the Consolidated Appropriations Act… Read More »
PPP Recipient Information Released by the SBA: What you Need to Know about What People Know About Your PPP Loan
PPP Recipient Information Released by the SBA: What you Need to Know About What People Know About Your PPP Loan By H. Robert Showers, Esq. and William R. Thetford, Esq. Last Updated: December 14, 2020 Back in July, the United States Small Business Administration (the SBA) released some information on the recipients of its… Read More »
Legal Alert: Governors Amended Executive Orders Affect Churches, Businesses, and Individuals
Legal Alert: Governors Amended Executive Orders Affect Churches, Businesses, and Individuals By William R. Thetford, Esq. and H. Robert Showers, Esq. Last Updated: November 20, 2020 The unprecedented series of health concerns, outbreaks, closures, restrictions, and lockdowns this year has been a recurring frustration for individuals, businesses, and churches. With the cooler weather, many… Read More »
