Amendment 3: Measure would allow West Virginia churches to incorporate

Wchstv ^ | OCTOBER 17, 2022 | Gina Marini

[SovereignVA]

Roberts said even though it's in violation of the state's constitution, many of the recent Attorneys General have said they'll let churches incorporate. That's because a federal court ruled that denying an entity the ability to incorporate based on its religious status is unconstitutional. This amendment cleans up the language it reads:

Incorporation of religious denominations permitted. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church or religious denomination. Provisions may also be made by general laws for the incorporation of churches or religious denominations. This also allows them to become a non-profit.

“There are fees to be paid and papers to file," Roberts said. "Then there also is, after they’re incorporated, there’s a form that’s filed once a year that’s with the Secretary of State’s Office – and that is basically it. They’re a 501c3.”

This process won't change, according to Roberts. Hazar said there are benefits to becoming incorporated.

“Because they’re able to give to the church and receive a tax break, we’re able to do more for the community," he said.

Roberts said churches don't have to incorporate, but he recommends it.

“It doesn’t change their beliefs system, their doctrine belief system, or anything like that,” Roberts said. “This is just dealing with the potential litigation that can ever happen against the church."

Whether a church is incorporated or not, they are still tax exempt, according to Roberts.

[SovereignVA]

Honestly, the jargon has me scratching my head, but I'm in favor of having legal options, and it sounds like a church is still subject to the Johnson Amendment and IRS censorship whether they are a 501c3 or not.

[oil_dude]

Doesn’t that make them TAXABLE entities then? Hmmmmm? Sweet.

[SovereignVA]

Sorry, wrong link. Working link to article:
https://wchstv.com/news/local/amendment-3-asks-voters-to-allow-religious-denominations-or-churches-to-incorporate#