Sacred Spaces, Scattered Statutes: Understanding Virginia’s Fragmented Church Law Part One

By Robert Showers, Esq., with Justin Coleman, Esq., and William R. Thetford, Esq.*

In this Article, the Authors have outlined portions of Virginia statutes, case law, and tax code that are most
relevant to churches seeking to become more informed about their relationship with the law. The Authors intend this Article to make legislators, lawyers, and church leaders more aware of the major legal principles applicable to Virginia churches. For decades, the topics in this Article have been the top legal hotspots for churches (and church-state separation and autonomy perennially pervade all church law).4 Ideally, this Article will catalyze a movement toward a clear, consolidated statement of church-related law in the Code of Virginia. In the meantime, few Virginia lawyers will be easily able to guide their churches through complex legal issues that—if not competently navigated—can threaten their church’s well-being and even its very existence.

Due to the length of this Article, it will be published in two parts: Part One in the Fall 2025 Issue and Part Two in the Spring 2026 Issue.

Part One includes the following sections: (1) Religious Liberty, Church-State Separation, and the Church Autonomy Doctrine; (2) Incorporation of Churches in Virginia (and Surrounding States); nd (3) Property Matters—Ownership, Resolution of Disputes, and Options for Churches.