Amendment 3: Allowing Church Incorporation

Amendment 3 asks West Virginia voters if churches should be allowed to incorporate. West Virginia is the only state in the country to not allow religious incorporation.

Amendment 3 asks West Virginia voters if churches should be allowed to incorporate. West Virginia is the only state in the country to not allow religious incorporation.

When a company, or church, incorporates, it becomes its own legal business structure set apart from the individuals who founded the business.

Bishop Matthew Riegel of the West Virginia and Western Maryland Synod of the Evangelical Lutheran Church in America said incorporation is how people get together and form a legally recognized entity – a way of providing a legal structure for operation.

Riegel explained that in the late 1800’s, there was a big push to get churches incorporated.

“There were churches with pretty powerful businessmen who were members of the council of churches,” Riegel said. “And they recognized the benefits of incorporation for their industries and their other financial holdings.”

Riegel said that in 1863, Virginia still had church incorporation outlawed on its books from a much earlier period, and West Virginia, having seceded, just inherited it.

“It came about as a way to get around the political implications of having the General Assembly make decisions about which religious institutions should be allowed to incorporate,” Riegel said.

Virginia allowed church incorporation 20 years ago following a successful lawsuit by the late Rev. Jerry Falwell. West Virginia now remains the only state in the country to not allow religious incorporation.

Sen. Charles Trump, R-Morgan, responded to local pastoral questions on church incorporation by sponsoring a Senate resolution leading to the amendment proposal.

“Not allowing incorporation denies a religious organization or church the opportunity to do something that every other organization may freely do,” Trump said. “It violates the First Amendment to the United States Constitution, which provides for the free exercise of religion.”

Trump said amendment passage would be permissive, not requiring any church or religious organization to incorporate.

“It would just say only provisions may be made by general laws for the incorporation of churches or religious denominations,” Trump said. “And that would presume that they wanted to. Some of the small ones apparently do.”

Bishop Riegel said the only drawback of amending the state constitution to allow church incorporation would be some extra paperwork for his synod.

“We have our own constitution for our churches that says that a congregation must be incorporated in the state in which it resides,” Riegel said. “If the amendment passes, then all of my congregations that have that provision need to seek incorporation at that point, not because the state is forcing them, but because our own church governance would require it. And that’ll be extra work for people. It’ll be extra work for me.”

Both Riegel and Trump said they have heard of some West Virginia religious organizations that have incorporated – by just flying under the government’s radar.

“I think that’s more evidence that we need to remove this provision, which was restricted or altered or amended from within the state constitution,” Trump said.

During The 2021 Session, West Virginia Lawmakers Teed Up Three Proposed Constitutional Amendments. Here’s What They’d Do

While any 60-day legislative session focuses on the hundreds of bills introduced and considered, Republican supermajorities this year helped push three proposed constitutional amendments to the ballot for voters to ponder.

Come November 2022, West Virginians will have the opportunity to decide whether to amend the state constitution on three different issues — preventing the state Supreme Court from intervening in impeachment proceedings, giving the Legislature the ability to exempt more types of property taxes and allowing religious denominations to incorporate.

House Judiciary Chair Moore Capito, R- Kanawha, said lawmakers in the Republican supermajority tried to be thoughtful in offering changes to the foundation of state law.

“I personally think that we have to always proceed with caution when we’re talking about modifying something that is as large and as important as our Constitution,” Capito said.

These proposals — considered by the Legislature as joint resolutions — require a two-thirds majority of both the House and Senate before heading to the voting public for ratification.

Late into the session, lawmakers had considered putting them on the ballot in a special election as soon as July but ultimately backed off from that date.

House Judiciary Minority Chair Chad Lovejoy, D-Cabell, said he’s glad they gave voters more time to study the issues at hand. He also said costs of a special election would have been in the millions.

“That’s a pretty monumental undertaking to statewide elections in a matter of weeks, coming off of the 2020 election — which was unusual, to say the least, in terms of COVID and the different things,” Lovejoy said. “So, I don’t think it was prudent from a cost perspective and a functional perspective to try to do it.”

Voters will now wait until Nov. 2022 to decide these three issues.

2018 Supreme Court Impeachments Inspire Proposed Constitutional Amendment

Like all pieces of legislation, each of these proposed changes to West Virginia’s foundational law come with context — and arguments both in support and in opposition. That’s especially true for House Joint Resolution 2.

In 2018, as impeachment trials were underway for justices of the West Virginia Supreme Court of Appeals, then-Chief Justice Margaret Workman filed a lawsuit challenging her own impeachment.

“This lawsuit was started and no one thought that stood a chance — because it was just counter to everything that people knew to be true in the Constitution,” said former Senate President Mitch Carmichael, who was named as a defendant in the suit.

In offering a ruling on Workman v. Carmichael, an an-hoc bench of the state Supreme Court ruled that the House failed to follow its own rules in the impeachment process and had overstepped its authority in adopting some of the articles of impeachment.

“So we were shut down, we adhered and abided by the judicial rule — even though we thought it was wrong,” Carmichael said.

State lawmakers appealed to the U.S. Supreme Court, which ultimately decided not to hear the case. Since then, legislators have tried to find a way to keep courts from intervening in future impeachments and further clarify the separation of powers.

Carmichael said, while he never thought he’d be part of something that inspired a potential constitutional amendment, it’s simply necessary in his mind.

“It’s the appropriate right thing to do,” he said. “Whether it’s my name or someone else’s name — that ruling just went counter to everything all of us believed to be the right thing to do.”

But it’s probably no surprise — given the fact that there was a lawsuit involved — that not everyone agrees. Huntington-based attorney Marc Williams represented Justice Workman in the case.

While Williams acknowledges that impeachment is inherently political, he argues the proceedings in 2018 proved the courts need to have the opportunity to play a role when things go awry.

“It shouldn’t come as any surprise that there would be a review of the impeachment proceedings that was so flawed, that would ultimately find that it was done [improperly],” Williams said. “But ultimately, I think it’s an extraordinarily rare set of circumstances where a court would get involved and only when really blatant mistakes are made.”

Williams argues that adding this change to the West Virginia Constitution could have disastrous effects if another impeachment took place but was not properly handled by the Legislature.

“If I had all the money in the world, and could actually go out and try to educate the voters on this, I would point out that this is an extraordinarily dangerous initiative,” he said. “Because, essentially, what you’re doing is you’re giving the Legislature the ability to impeach almost for any purpose with no appellate review — with no opportunity for anybody to review it.”

Potential Job Growth Vs. Funding For Counties: Legislature Could Exempt Property Taxes If Amendment Is Ratified

Another proposed constitutional amendment also has recent history behind it.

Since taking control of the Legislature following the 2014 election, Republicans have rallied behind exempting manufacturing equipment and inventory taxes — but had failed to attain a two-thirds majority from both chambers to send the issue to voters.

But, during the 2021 legislative session, lawmakers in both the House and Senate adopted House Joint Resolution 3, which reads differently than past proposals. If ratified, the Legislature would be able to exempt virtually all types of personal property — from manufacturing equipment and inventory to personal vehicles.

West Virginia Manufacturer’s Association President Rebecca McPhail said the goal of exempting taxes related to her sector is job growth.

“The challenge that we have right now, because of the way these taxes are applied to our industry, specifically places us in the top 10 worst states for taxation on manufacturing,” McPhail said. “And that’s very challenging. That’s challenging from an economic development perspective — just just to get a first look.”

McPhail said the amendment would untie the hands of lawmakers to exempt taxes as they see fit.

“This is not just limited to manufacturing,” McPhail said. “This is a broader constitutional amendment that would allow the Legislature at some future date to address a number of types of personal property tax, including the taxation that affects our members — but also small business inventory as well as personal vehicles.”

In total, the Legislature would have the ability to exempt part or all of roughly $300 million in tax revenue, according to the West Virginia Center on Budget and Policy.

But Jonathan Adler of the West Virginia Association of Counties said there’s currently no way to recoup revenue that funds county and municipal governments and, most notably, school systems.

“I think counties do certainly support jobs [and] job creation,” Adler said. “But if there’s no mechanism to replace the lost revenues for counties, then we’re kind of scratching our heads wondering exactly what that revenue replacement is going to be.”

While Adler said county and local governments are open to the idea of exempting various types of personal property taxes, he said there are a lot of unknowns — especially given the way the state funds local governments and schools.

“We’ve always said, there’s not a plan yet,” Adler said. “We need a plan to try and support something like this. We need to see what your plan is when you get the authority.”

Incorporation Of Churches Will Also Be On The November 2022 Ballot

While the other two proposed amendments saw at least some opposition, Senate Joint Resolution 4 made its way through the statehouse with overwhelming backing.

The proposal would allow churches to incorporate — offering them the ability to manage assets more like other businesses and nonprofits. Capito said it was about modernizing West Virginia law to match most of the rest of the country.

“What we have now is the opportunity for churches and houses of worship to incorporate, which is pretty standard procedure across the country, quite frankly,” Capito said. “So I think we’re just synching up there.”

While constitutional amendments are oftentimes divisive, Lovejoy said the proposal to allow churches to incorporate is rather innocuous.

“It, frankly, is a little easier to operate under a traditional corporate sense than it is under this kind of antiquated Board of Trustees management,” Lovejoy said. “So I don’t think it has anything to do with taxes. It has nothing to do with politics, frankly. I think that it does make things a little easier to manage religious institutions.”

Votes for ratification may be a long way away, but the issues are bound to stir public discussion and influence from special interest groups. No doubt, there will be mailers, advertisements and campaigns in support and against some of the more controversial proposals.

And with another legislative session slated ahead November 2022 — and with supermajorities intact in the meantime — it’s possible even more proposed amendments will wind up on the ballot.

Potential For Coronavirus Spread Increases In Southern W.Va. As State Reopens

West Virginia health officials say they are noticing several small coronavirus outbreaks linked to churches and an increased potential for disease spread in the state’s southern counties, even as the governor’s office allows more businesses to reopen week by week.

The Department of Health and Human Resources on Thursday reported that 23 people were sick with COVID-19 among Boone, Hampshire, Jefferson and Marshall counties.

“We recognize the virus still is present and real, but manageable if we take precautions,” Dr. Cathy Slemp from the state Bureau for Public said during a meeting of the state’s Advisory Commission on African American Disparities for COVID-19.

The DHHR and local health departments did not disclose further information about the churches to prevent the possibility of identifying those who tested positive for the coronavirus.

“I just wish people would wear a mask,” said Julie Miller of the Boone County Health Department. “It’s not a normal, everyday life anymore. I mean, things have changed. We’ve got to be careful where we’re going.”

The Boone County outbreak had resulted in seven positive cases as of Thursday, roughly a week before the church outbreak came to Miller’s attention. She said the church – which is closed for the moment  –  did not enforce state guidelines for social distancing and wearing face masks.

“I just said [all of] that place has to be cleaned, and everybody has to wear a mask, and there has to be social distancing, and you really have to cut down the singing,” Miller said. “You can sing, but you can’t take your mask off to sing. When you sing, you spread things out. Whatever germs you have, even a cold will go further.”

Miller has counted eight new Boone County cases since June 1. The DHHR recorded 17 confirmed cases in Boone County as of Thursday evening. 

In Marshall County, five individuals tested positive for the virus, all from the same church. None were residents of Marshall County, according to administrator Lee Thomas Cook for the county health department. 

Cook said he is unsure whether the local church had complied with guidelines from the state, but he added that his department will continue to educate the public on ways to prevent spreading the disease. 

The church has been sanitized and is now open.  

Health departments in Hampshire and Jefferson counties did not respond to requests for comment. 

As 19 other states are seeing an increase in coronavirus cases and nine are reporting an increase in hospitalizations for COVID-19, West Virginia is taking a harsher look at the reproduction rate of the coronavirus in individual counties, versus in the state as a whole.

On Thursday, coronavirus czar Dr. Clay Marsh, dean of the WVU School of Medicine who participates in the governor’s daily press briefings, said the state has noticed an increase in the reproduction rate of the coronavirus in West Virginia’s southern counties. 

“So, we really want to increase our testing there, just to sample and understand what’s going on,” Marsh said. 

DHHR cabinet secretary Bill Crouch cited the reopening last month of the Hatfield McCoy Trails and an influx in out-of-state riders entering the state as a possible reason for the increase in cases.

“The southern part of West Virginia, we’ve been watching and talking about every day for at least the past week,” Crouch said. “I’m very concerned. We have the Hatfield McCoy trails and hundreds of people coming in, so we want everyone down there in the southern part of the state to do what they need to do to protect themselves, as well. People coming in from out of state makes this much more difficult to contain.” 

Of the 55,000 riding permits the Hatfield McCoy Regional Trails Authority planned on selling in 2019, roughly 85 percent were supposed to come from out-of-state riders. Tourists historically are a major part of the trail system’s income.

The state continues to reopen according to a week-by-week plan from the governor’s office. Gov. Jim Justice announced Wednesday that nursing homes can begin reopening for guests next week.

On Thursday, Justice reported that the West Virginia State Fair would go on as planned in August.

He encouraged those watching his briefing to attend. When later asked by a reporter how Justice squared this with news of outbreaks at fairs in other states, the governor said he would encourage attendees to wear face masks and practice social distancing. 

There were more than 2,000 positive cases for COVID-19 as of Thursday evening, and 86 deaths since March.

Emily Allen is a Report for America corps member. 

To Reach Worshipers During The Coronavirus Pandemic W.Va. Churches Get Creative

West Virginia Governor Jim Justice’s statewide stay-at-home order contains several exceptions, including going to the grocery store, receiving medical attention, and going to and from a place of worship.

Even though residents are allowed to attend religious services in the state, most churches have suspended services for the safety of their congregants. These churches are now turning to alternative forms of sermon delivery.

 

Some churches are holding drive-in services, where members stay in their cars and listen to the sermon broadcast from the parking lot. Others are live-streaming services on Facebook. 

Lonna Asmus goes to Mount Jackson Baptist Church in Athens. She says her church has been broadcasting to Facebook, but it’s not the same as regular church.

“You’re not sitting next to somebody in your pew, waving to them or smiling, talking to them before or after church,” Asmus said. “It’s hard, but we’re glad that we do have that option.”

Online services are not an option for everyone, though. Thousands of West Virginians do not have regular internet access in their homes, leaving many without any contact from their churches.

David Moore is the pastor of Orient Hill Baptist Church in Greenbrier County. He has been holding services on a Facebook page that did not exist until March. He thinks many of his congregants may not have access to technology necessary to hear the sermons.

“We are from a different generation,” Moore said. “We are not texters. They don’t even have internet. So half the congregation don’t even get to see or hear what little we’re doing on Facebook.”

Moore says he likely isn’t reaching everyone in his congregation, specifically the older members who need the in-person connection the church provides.

“Many of their friends and family have already died,” he said. “And so they depend on the social interaction of the church.”

A five-minute drive up the road from Orient Hill puts you in Quinwood, where Chad Rodes preaches at the First Baptist Church. He is seeing similar concerns in his own congregation.

“Many of them also don’t have a lot of outside contact in a regular week,” Rodes said. “It’s important for us to give them a phone call, send them a message for those that are on Messenger or text, and just to check on them to let them know we’re thinking of them and we’re concerned for them.”

Moore says this time of social distancing has given him a greater appreciation for communal worship. He hopes that appreciation spreads.

“You’ll never appreciate something until you’ve lost it,” Moore said. “And not being able to have that social interaction with your church family, you realize how important it is for you to cope with the stresses of daily life.”

Until in-person church services resume, Moore and Rodes suggest calling your elderly friends and family members to check-in and offer some encouragement.

 

Kayla Starcher is a journalism student at West Virginia University.

W.Va. Attorney General Continues Faith-Based Program in Drug Fight

West Virginia Attorney General Patrick Morrisey has organized another regional meeting with clergy in a faith-based initiative to involve more churches in dealing with drug abuse.

Morrisey says the second regional session is set for next Tuesday at South Ridge Church in Fairmont. The first meeting was held in Parkersburg in June. Additional meetings are planned in Charleston and Huntington.

West Virginia has the nation’s highest drug overdose death rate, with 41.5 deaths per 100,000 people in 2015. State health officials say overdose deaths rose nearly 18 percent last year, killing 864 people.

The goal is to provide churches with information about addiction treatment and services, especially in areas where they are lacking, and connect them with police, first responders and treatment groups.

Exit mobile version