MARTINSBURG, W.Va. — A federal judge says West Virginia’s Constitution violates the U.S. Constitution by prohibiting churches from incorporating.
A memorandum decision and order from U.S. District Judge Gina Groh said the prohibition violates the First Amendment rights of churches.
West Virginia has been the only state in the country that does not allow incorporation.
That’s because the state inherited the provision from Virginia and never changed it. Virginia made its own change more than 20 years ago after the limitation was struck down by a federal judge. West Virginia’s Secretary of State began incorporating churches after the Virginia change but it was never changed in the West Virginia Constitution.
State lawmakers took the proactive step to attempt to change the language when it put a proposed Constitutional amendment on the ballot to remove the language but West Virginia voters rejected Amendment 3 in that election. There were more controversial amendments on other issues that were offered in that election and voters rejected them all.
Hope Community Church of Hedgesville filed the legal challenge after that vote.
Groh’s decision, filed Friday, said the current provision denies churches incorporation because of their religion and essentially “every other group in West Virginia may apply for incorporation, but members of ‘any church or religious denomination’ are uniquely prohibited from incorporating the organizations to which they belong. They are therefore denied the benefits of incorporation because of their religious status” which she said is unconstitutional.
Groh also said there was no compelling reason from the state to continue the practice. Secretary of State Mac Warner, the defendant in the court challenge, has agreed with the plaintiff.
Groh wrote, “The State has not advanced any governmental interest, much less a compelling one, and the Court finds no compelling interest exists in prohibiting ‘any church or religious denomination’ from seeking incorporation.”
Warner will abide by the judge’s ruling.
“The staff in the WV Secretary of State’s office has been made aware of this judicial directive,” Warner’s Deputy Chief of Staff Mike Queen said. “Secretary Warner has indicated that we will no longer reject applications for incorporation by churches or religious organizations.”
Those in favor of incorporation say it can protect churches by providing a safeguard from liability for individuals like pastors, elders, deacons and individual church members.