W.Va. Amendment 3: Impact on Churches

CHARLESTON, W.Va. (WSAZ) - In a crowded field of ballot initiatives, West Virginia’s Amendment Three has received less attention, but pastors believe its passage is critical to protecting the local church.

“What’s the biggest misconception people have?” WSAZ NewsChannel 3′s Curtis Johnson asked Pastor Kevan Bartlett of Maranatha Baptist Church near Charleston.

“That this is a requirement,” Bartlett replied.

But that’s not the case.

Amendment Three would give congregations a choice as sample ballots state it would “authorize the incorporation of churches or religious denominations.”

Simply put, Bartlett says that allows the church protect its members, like a business protects its officers and employees.

“The perception is the trustees assigned to that church could have their personal property at risk, that they would be liable in case there was some judgment against the church,” Bartlett said. “Incorporation status shields against that.”

The American Civil Liberties Union of West Virginia -- typically an organization at odds with churches -- supports Amendment Three.

The reason -- it’s all about equality, said Advocacy Director Eli Baumwell.

“We want all legal entities to be treated equally under the law,” he said. “We shouldn’t be discriminating against religious institutions just because they are religious institutions. So we think this is old, obsolete provisions that go back to, frankly, when incorporation meant something entirely different than it does today anyway.”

As of now, West Virginia’s constitution makes it the only remaining state to prohibit church incorporation.

But the Secretary of State’s Office tells WSAZ NewsChannel 3 that provision hasn’t been enforced for many years, and that has allowed hundreds of churches to incorporate anyway.

That includes Bartlett’s church. It incorporated in 2006.

But is that certificate valid?

The Secretary of State’s Office says passage of Amendment Three would remove any uncertainty.

“It’s a very muddy legal standing right now,” Bartlett said. “It simply cleans up something that should have been fixed really, in our laws 20, 25 years ago. It’s time to get this in compliance.”

Early voting in West Virginia remains open through Nov. 5. Election day is Tuesday, Nov. 8.