Does My Church Need Bylaws? Understanding Bylaws and why they are important
By Brandon Williams, VP of Marketing
What Are Church Bylaws?
Church bylaws* are a set of written rules that govern the daily operations and legal structure of a church. They define the church’s purpose, clarify leadership roles, and establish policies for decision-making, finances, membership, and ordination. Well-structured bylaws* provide:
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Legal protection by distinguishing the theocratic governance of the church
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Guidelines for how the board makes decisions
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A framework for succession, finances, ordination, and membership policies
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Safeguards that ensure compliance with IRS requirements for tax-exempt organizations
Bylaws are often considered the second most important document in a church after the Bible. Without them, churches risk confusion, conflict, and legal vulnerability.
Why Are Bylaws Important for Churches?
Many pastors underestimate the importance of bylaws. Some assume, “Our church is in God’s hands, so we don’t need to worry about legal matters.” While faith is foundational, wise stewardship includes protecting the church with clear governing documents.
Bylaws* safeguard the church by:
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Reducing the risk of legal disputes
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Ensuring board members follow IRS guidelines
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Establishing a clear process for leadership and financial oversight
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Providing clarity in times of conflict or transition
What Should Be Included in Church Bylaws?
Strong bylaws* must contain certain sections to keep the church compliant and protected. Missing or poorly written clauses can leave a church exposed to state laws that may not favor ministries.
Here are three strategies to strengthen church bylaws*:
1. Include Scripture References
By incorporating Scripture into bylaws*, a church strengthens its religious foundation and creates legal protection. Courts often avoid interpreting religious doctrine due to the “Entanglement Doctrine,” which means that bylaws* grounded in Scripture carry additional weight when defending faith-based decisions.
2. Define Membership Requirements
Bylaws* should clearly state whether the church will have members and if those members have voting rights. Clear membership provisions protect the board’s authority and provide a foundation for member discipline when necessary.
3. Establish Licensing and Ordination Policies
Bylaws* should outline how ministers are licensed and ordained. This is especially important because ordained ministers often receive tax benefits such as housing allowances. Including ordination policies in bylaws* helps protect both the church and the ministers if the IRS questions their legitimacy.
How Bylaws Protect Churches in Legal Challenges
Churches that face litigation often discover that poorly written or incomplete bylaws work against them. On the other hand, churches with strong bylaws* have a much easier time defending their structure and decisions in court.
Strengthen the Foundation of Your Church
Bylaws* are not optional. They are an integral part of your church’s foundation, protecting both your leadership and your mission. Without well-drafted bylaws*, your church risks unnecessary legal challenges and confusion in decision-making.
If you are unsure about what is currently in your church’s bylaws or if you suspect they may be outdated, now is the time to take action. Properly structured bylaws* will protect your ministry today and for years to come.
To learn more about strengthening and updating your church bylaws, call 770-638-3444 and speak with StartCHURCH about how we can help protect your church.
*StartCHURCH provides clerical assistance to help you process your own articles of incorporation and prepare your own bylaws. StartCHURCH does not provide legal advice.