Should My Church Update Our Bylaws? Here's Why They Matter and How to Update Them

By Brandon Williams, VP of Marketing

Why Should My Church Update Its Bylaws?

Your church’s bylaws* are more than a formality. They are the governing document that defines how your church operates and how it is legally protected. Outdated bylaws* can create legal vulnerabilities, IRS compliance problems, and unnecessary internal conflicts.

When updated correctly, bylaws* safeguard your ministry by:

• Reflecting current laws and Supreme Court rulings that affect churches

• Providing clarity on leadership, membership, finances, and decision-making

• Addressing modern realities such as digital donations, remote meetings, and gender identity rules

• Protecting your church’s religious freedoms by aligning with sincerely held biblical beliefs

• Reducing the risk of lawsuits or disputes through clear policies and protections

In short, updating your bylaws* strengthens your legal foundation and ensures your church can operate with confidence in today’s changing culture.

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Five Reasons to Update Your Bylaws Now

1. Supreme Court Rulings

Recent decisions have expanded protections for churches. Incorporating these updates into your bylaws* helps safeguard your religious freedoms.

2. Emergency Lockdowns

The COVID-19 pandemic revealed the need for bylaws* that address how churches respond to public health crises and government-mandated closures.

3. Digital Currencies

As more people use cryptocurrency, bylaws* should establish how your church accepts, manages, and reports these donations in compliance with IRS rules.

4. Gender Identity and Bathroom Usage

Societal shifts require churches to clearly define their stance on gender identity and facility usage to ensure alignment with their biblical convictions.

5. Chevron Doctrine Overturned

The Supreme Court’s reversal of the Chevron Doctrine limits the IRS’s ability to interpret vague laws without legislation. This makes it even more important to have precise, well-drafted bylaws*.

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Nine Clauses to Strengthen Your Bylaws

1. Government Lockdowns

Define whether your church will remain open or adjust operations during government-mandated shutdowns.

2. Weapons on Church Property

Establish clear policies on whether weapons are allowed and how those policies are enforced.

3. Gender Identity and Bathroom Usage

Affirm your church’s biblical beliefs about gender and facility use in clear, legally sound language.

4. Digital Currency Donations

Include policies for receiving, managing, and reporting cryptocurrency gifts.

5. Subsidiary LLC Formation

Allow your church to form Single Member LLCs under your existing exemption for added asset protection.

6. Incorporation by Reference

Add flexibility for your board to make policy updates without rewriting the full bylaws*.

7. Remote Meetings

Authorize leadership and members to conduct official meetings via Zoom, Google Meet, or other platforms.

8. Media and Communications

Provide guidelines for managing social media, interacting with the press, and handling crises.

9. Indemnification Coverage

Clarify protections for pastors, staff, and board members against legal claims.

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How StartCHURCH Can Help

Your bylaws are the foundation of your church’s governance and legal protection. Updating them is one of the most important steps you can take to secure your ministry’s future.

At StartCHURCH, our StartRIGHT® and GetRIGHT® programs provide updated bylaws* and templates tailored to your church’s unique needs.

Call 770-638-3444 today to learn how StartCHURCH can help you strengthen and update your bylaws* with confidence.
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*StartCHURCH provides clerical assistance to help you process your own articles of incorporation and prepare your own bylaws. StartCHURCH does not provide legal advice.

 

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