Could Your Church Survive with Its Current Bylaws

It was a little country Church in the out skirts of the small South Carolina town. They only averaged about 60 in attendance on any given Sunday, but they were content with that, and were proud of their small facility and the few beautiful acres upon which it sat. Pastor Smith never had any problems from the community or within his little Church. The members were faithful in their attendance, tithes, and offerings. But, then the “bottom” fell out.
 
While tidying up a few loose ends on that Saturday afternoon Pastor Smith was approached by a young man whom he did not recognize as a member of the small town or its outskirts where the Church was located. Pastor thought maybe the young man was moving into the area and was looking for a Church home.
 
Pastor wasn’t prepared for what he was about to hear.

A Shocking Request Is Made
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The young man told the Pastor he was engaged to get married and had been searching for the perfect location for the ceremony which he and his fiancé were wanting. As they talked the Pastor thought maybe after marrying this couple they would move into the community, settle in, and become part of the congregation.
 
Unfortunately, Pastors dreams became a nightmare. As the Pastor continued to speak with the young man he asked some questions concerning the upcoming ceremony. The Pastor then asked the young man how old he was, to which the young man stated he was 26. When the Pastor asked the age of the bride-to-be, the young man stated that his fiancé, John, would turn 24 on the day of the wedding.

Conversation Comes to an Abrupt End
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Once Pastor Smith regained his composure from the shock generated by the young man’s response, Pastor quickly told him that they were very fundamental and conservative in their Scriptural beliefs and its interpretation. Pastor then informed the young man he would need to go elsewhere because he and his congregation did not believe in or support the homosexual lifestyle and its agenda.
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The Pastor proceeded to give the young man a brief Biblical discourse concerning the sin of homosexuality and that those who practiced that lifestyle were not allowed membership in his Church nor were they allowed to be married or buried in his Church.
 
The young man told the Pastor he was being discriminatory against him and his male fiancé and reminded the Pastor of the United States Supreme Court ruling.

Pastor Forgets about the Young Man and His Request
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The next morning the Pastor relayed to his congregation the events of the day before and his answer and mini-sermon to the young homosexual. The congregation stood to their feet shouting support with many amens and hallelujahs in support of their Pastor’s and Church’s Biblical convictions.
 
After that Sunday morning service, Pastor Smith did not give the matter any further thought. In his mind, it happened, he had dealt with it, and the incident was history which he erased from his short-term memory banks.
 
But, the unthinkable happens.

Pastor Wasn’t Ready for what would Happen Next
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​It was about three months after that Saturday afternoon conversation when the county Sheriff showed up at the Pastor’s house. Knowing the Pastor and the members of that small country Church, the Sheriff said, “Pastor, I hate what I have to do.” It was then he placed in the Pastor’s hand a lawsuit initiated by that young man’s ACLU attorney. The Pastor and the Church were being sued for discrimination.

The Sheriff, the Pastor, and the Congregation were not worried. The community was a God-fearing, God-loving community in the heart of the Bible Belt. They knew the suit would be thrown out.

The suit did go to trial, and the Church won. Unfortunately, the Appeal was not as supportive as the local trial. On Appeal, the court ruled in favor of the young man and the small country Church was sold to settle the demands of the verdict.

What Went Wrong
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During the Appellate proceedings the Judges ruled that the local trial failed to use the Church Bylaws as the standard for how the case should be decided. The Church Bylaws did not have an Article 14 Scriptural Conduct Living Provision Section to protect itself against lawsuits involving matters Scriptural belief and practice. Since the bylaws did not declare the Church to be against the homosexual lifestyle, the Church could not legally deny the young man and his male fiancé a wedding—especially since other non-members had recently been married using the Church facilities.
 
Because they did not know the law as it pertains to Churches, especially in ecclesiastical issues, they lost their beautiful country Church and property. The members had worked hard for five years with multiple fund-raisers and sacrificial giving so they could be debt free, only to have a court sell the property to settle the damages of the suit.

Why You Need Us!
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Church Bylaws are the second most important document in your Church other than the Holy Bible. Unfortunately, most Churches allow the Pastor, some Trustee, or both to write the bylaws. This is a bad mistake.
 
In the tortious climate and the all out attack against Christianity, the days of respect for a Church and its beliefs are a thing of the past. Churches must do everything from a defensive perspective if they want to protect themselves and their assets.
 
Chitwood & Chitwood, with our 80 years of experience, has developed the best bylaws in the nation for our clients. Our bylaws have won every time they have been challenged.
 
At our Church Management Conferences across the nation we stringently teach the importance of Church Bylaws.
 
Before you put you and your Church at risk, it would behoove you to contact us at 800-225-5849 and ask for Mr. Tim Haney. Mr. Haney will draft you a solid set of bylaws based upon the Church Government of your Congregation. Don’t think the couple of pages written by your Pastor and Board will suffice. Every day you wait is another day you could become the subject of a lawsuit designed to take your Church assets. You should also call 800-344-0076 to register for a Church Management Seminar near you.
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By Dr. Michael Chitwood

 

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What You Will Learn at our  Conferences

Our  Church Management Conferences  will arm you with the information you must have to shield your Church or Ministry from IRS intrusiveness; teach you how to get your Taxes to the lowest possible rate; and daily operate your Church or Ministry within IRS acceptable guidelines.

Our  Conferences  have been taught across the Nation for over 48 years. Because of the Penalties, Fines, and even Imprisonment that the IRS imposed on many Churches and Pastors, Dr. Chitwood felt led by the Holy Spirit to become a buffer between Churches, Ministers, and the IRS.

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