Church Incorporation
Amends
Article IV. Legislature
Section 14. Powers of General Assembly; limitations
Summary
This measure removes a provision, now unconstitutional, that prevented churches from incorporating.
Shall Section 14 of Article IV of the Constitution of Virginia be amended by deleting the provision that prohibits the incorporation of churches, a provision that was ruled to be unconstitutional and therefore now is obsolete?
- First resolution – SJ339 – 2005
- Second resolution – HJ159 – 2006
- Referendum legislation – HB1382 – 2006
Article IV. Legislature
Section 14. Powers of General Assembly; limitations
The authority of the General Assembly shall extend to all subjects of legislation not herein forbidden or restricted; and a specific grant of authority in this Constitution upon a subject shall not work a restriction of its authority upon the same or any other subject. The omission in this Constitution of specific grants of authority heretofore conferred shall not be construed to deprive the General Assembly of such authority, or to indicate a change of policy in reference thereto, unless such purpose plainly appear.
[…]
The General Assembly shall not enact any local, special, or private law in the following cases:
(1) For the punishment of crime.
(2) Providing a change of venue in civil or criminal cases.
[…]
(20) Remitting the forfeiture of the charter of any private corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution and the laws passed in pursuance thereof.
The General Assembly shall not grant a charter of incorporation to any church or religious denomination, but may secure the title to church property to an extent to be limited by law.
https://law.lis.virginia.gov/constitution/article4/section14/
