It's Time to Update Your Bylaws

By Raul Rivera

A lot has changed since 2019. Never have we experienced massive changes in such a short period. We've seen a pandemic, a more favorable Supreme Court for churches and ministries, the meteoric rise and use of digital currencies, new bathroom usage and gender identity rules, and the Supreme Court overturning the Chevron Doctrine. Since 2020, the United States Supreme Court has issued rulings that have expanded more freedoms and protections to churches, and it is time to take advantage of some of the newly established liberties.

I am very confident that there is a good chance your church’s bylaws need an update. As the landscape of legal, social, and technological norms shifts rapidly, it is crucial for churches to remain vigilant and proactive with their bylaws. Outdated bylaws can leave your church vulnerable to legal disputes, regulatory challenges, and internal conflicts. It is time to hold our ground based on sincerely held Biblical beliefs. This not only protects your church legally but also reinforces your commitment to your mission and values. Furthermore, well-crafted bylaws provide clarity and guidance for your leadership and congregation, helping to prevent misunderstandings and disputes.

Five Reasons to Update Your Bylaws?

Updating your bylaws is crucial to ensure your church's operations and policies reflect current legal, social, and technological realities. Here are five significant reasons why now is the time to review and update your bylaws:

1. Supreme Court Rulings: Recent Supreme Court decisions have strengthened the rights of churches and ministries. It's essential to incorporate these new liberties into your bylaws to safeguard your religious freedoms.
   
   
2. Emergency Lockdowns: The COVID-19 pandemic highlighted the need for clear guidelines on how churches should operate during public health crises. Our newly updated version for churches and ministries created 2 different versions for churches to choose from concerning Government mandated lockdowns and educational materials that will help churches choose the best version for their church.
   
   
3. Digital Currencies: With the widespread use of digital currencies, churches need to update their financial policies to include guidelines for accepting and managing these new forms of donations.
   
   
4. Bathroom Usage and Gender Identity: Societal changes regarding gender identity necessitate clear policies on bathroom usage to ensure your church's practices align with your beliefs. Many churches have wanted to clearly state a clause in their bylaws to address this issue but have lacked the language to unequivocally and clearly articulate it.
   
   
5. Chevron Doctrine Overturned: The Supreme Court's decision to overturn the Chevron Doctrine limits the IRS's ability to interpret ambiguous laws. This change can affect how churches comply with federal regulations, making it essential to have precise, well-drafted bylaws. The IRS can no longer make up rules in the absence of actual legislation. Over time, this may result in the crumbling of many IRS regulations. As regulations fall, we will continue to update our bylaws templates.

Nine Clauses You Need to Update To Your Bylaws

Here are some of the critical updates we recommend for your church bylaws:

1. Government Mandated Lockdowns and Remaining Open: Many churches have inquired about including clauses in their bylaws to address actions in the event of another government-mandated lockdown. This new version provides multiple variations for churches to choose from. It also includes educational materials from Supreme Court cases as well as record-keeping forms to document their decisions effectively.
   
   
2. Weapons in Church: With the changes and increased freedoms for individuals to carry weapons, churches have sought to establish clear policies on whether weapons are permitted on church property. This new version provides five different clauses to choose from, as well as policies that can be posted publicly.
   
   
3. Bathroom Usage and Gender Identity: Many churches find themselves in difficult situations when it comes to bathroom usage and gender identity rules at different levels of government. This new clause enables a church to establish its beliefs that God created humans as distinctly male and female as well as affirm that gender is determined by biological sex, as established by chromosomes: males are identified by XY chromosomes and females by XX chromosomes.
   
   
4. Digital Currencies: Should a church accept Bitcoin and other digital currencies? Accepting digital currencies is not as easy as one may think. They are treated as property and not actual money, requiring specific reporting requirements. Documenting guidelines for accepting, managing, investing and reporting digital currency donations in the bylaws is the first step.
   
   
5. Forming a Subsidiary LLC: Did you know that churches can form subsidiary LLCs to better protect their assets? A church can establish a Single Member LLC that automatically receives 501(c)(3) status under the church's existing exemption. By including this clause in your bylaws, your church gains the ability to establish tax-exempt Single Member LLCs.
   
   
6. Incorporation by Reference: This is a significant update. By utilizing this clause, your church board can efficiently issue changes to certain policies and update its bylaws with minimal effort, compared to the more cumbersome process previously required.
   
   
7. Meetings by Remote Technology: With the advancements in technology and the increased need for flexibility, churches can benefit from incorporating provisions for remote meetings into their bylaws. This newly updated clause allows church leadership and members to conduct meetings via Zoom, Google Meet and other video conferencing or other remote communication tools, ensuring that decision-making processes can continue uninterrupted during times when in-person gatherings are not feasible. By clearly defining the protocols and guidelines for remote meetings, churches can maintain transparency, participation, and effective governance.
   
   
8. Media and Communications Policy: Today, there are media companies that dedicate their full time to exposing the church’s dirty laundry. How a church manages its media and communications is more important than ever. This new clause provides clear guidelines for handling interactions with the media, managing social media accounts, and disseminating information to the public. By establishing a robust media and communications policy, churches can ensure that their messaging aligns with their mission and values, protect their reputation, and comply with legal requirements. This policy also helps in addressing potential crises and maintaining consistent communication with the congregation and the broader community.
   
   
9. Newly Updated Indemnification Coverage: Protecting church leaders and staff from legal liabilities is crucial. This clause updates and clarifies the indemnification provisions within the bylaws, ensuring that church officials are adequately protected against legal claims arising from their official duties. This clause also outlines the procedures for providing legal defense and covering related costs, thereby enhancing the overall governance framework of the church.

Let StartCHURCH Bring You Up to Date

Our StartRIGHT and GetRIGHT programs provide churches with a wide array of bylaw updates, enabling each church to select the options that best suit their unique needs. We offer comprehensive support to help you navigate these changes, ensuring that your bylaws are up-to-date and legally sound. Don't leave your church's future to chance—secure it with confidence. Give us a call today at 770-638-3444, and let us help you build a stronger foundation for your organization