Church Bylaws and Neutral Principles of Law

By Raul Rivera

During a conversation at one of our conferences, a Tennessee pastor shared with me the details of an incident he and his church had experienced, which resulted in a month of turmoil for Pastor McBride and his board of directors.  They had been battling to see a lawsuit dismissed which had been filed against the church regarding the way that deacons and elders were appointed.  A former member of the deacon board disagreed with the way he was dismissed from his duties and sued in court to be reinstated to his position.  He argued that the bylaws allows for the removal of a deacon only if they are found to be living a lifestyle that is inconsistent with 1 Tim 3:8.  When he was released, the pastor told him that the Scriptures described his actions to be "double-tongued" and on that alone was he being removed.  When the deacon asked them to prove their accusation they refused. 

When looking at these disputes, courts will hear a case only if the issue at hand "can be resolved by applying neutral principles of law without inquiry into religious doctrine and without resolving a religious controversy."  Because this case was based on the interpretation of one being double-tongued, as described in 1 Tim 3:8, the court refused to hear the case.  What saved the church was that many of the articles in his bylaws were filled with Scripture and carefully drafted to protect the church.

When a church does not use Scripture in its bylaws

In a Florida court case that was decided on February 15, 2012, the court ruled, "When a church-related dispute can be resolved by applying neutral principles of law without inquiry into religious doctrine and without resolving religious controversy, the civil courts may adjudicate the dispute" (BENDROSS v. READON). That is exactly what happened when three board members sued for being improperly removed from the board of directors in a church in Florida.  Neither the articles of incorporation nor the bylaws used any ecclesiastical language or Scriptures to describe the process for adding or removing board members.  The courts further stated that religious organizations, like any other not for profit organization, are governed by the requirements of the law unless provisions in the bylaws of a corporation expressly adopt alternative requirements to those discussed in the statute.  When the court realized the abstention of ecclesiastical language, it ruled that the allegations in the complaint could be evaluated without recourse to any policy, practice, or doctrine of the church.

What are neutral principles of law?

Courts rely on neutral principles of law when they look at a case in which a church or two churches (unfortunately) are in a dispute.  When deciding if they will take on a case using neutral principles of law, the court must consider the following:

1.     It cannot make any inquiry into church doctrine.

2.     It cannot attempt to solve any doctrinal issues.

3.     It cannot confer ecclesiastical authority.

The one place where disputes in the bylaws are most likely to take place is in the adding and removing of members and board members/trustees.  These portions of the church's bylaws need to be well drafted and based on Scripture.

Guard the future of the church

Using a scripturally based set of bylaws is one of the best moves a church can make.  By doing so, you take big steps to ensure that the future of your church is bright and full of hope.  The StartCHURCH Method has always been to build on the rock, both spiritually and legally. It has been our privilege to help 1000's of churches do the same. If you would like to have a free review done of your Bylaws, please call our offices at 770-638-3444 and ask about having your Bylaws put through the StartCHURCH Method.