Our Church and the First Amendment


Morning Bible Study 10:00 AM - Worship Service 11:00 AM

Why our church is a First Amendment church

Most churches are either incorporated or are unincorporated associations. These are 14th Amendment churches and do not have the full protection of the First Amendment. Let me briefly explain.

When a church files for incorporation, the State in which the corporation is formed is the creator of the corporation. The State has created a fiction for the church, an artificial person, giving it legal existence and thus can sue or be sued and conduct business like any other corporation (This is what the 14th Amendment does, creates artificial persons by which corporations are formed).  The church must adhere to all State regulations for corporations and is accountable to the Attorney’s General of that state for any misconduct. The Church, as a corporation, is liable for all federal and state taxes and obedience to all tax laws with or without employees. Most churches have an employee(s), the Pastor. The Pastor, who is the CEO of the corporation, can be arrested and charged with crimes against the State if the church violates any of the conditions of the Letters of Incorporation, including the public interest of the State (i.e., Your Pastor is preaching against homosexuality, if this is contrary to the interest of the state your pastor can be charged with, in this case, both a federal and state crime for speaking against a “protected” class of society.) [In the tenor of today's rhetoric and political correctness this may be a very real scenario for churches.]

This is also true of unincorporated associations. If your church is operating under an assumed name, often referred to as a D.B.A. (Doing Business As). You have created a legal entity under the Law. Therefore, you have nearly all the same obligations as a legal entity like a fully incorporated church. Any church that has a bank account, owns property, employs a Pastor is subject to State Law.  Because the church, though unincorporated, owns some tangible property (money is property) she has created a "legal fiction" (person) and is subject to State and Federal law. 

I have presented a very abbreviated statement of the facts but let me share with you why we are a First Amendment Church under the authority of the Lord Jesus only.

The Living Springs Baptist church has no relationship with the State of Idaho or the U.S Government or any of its branches, including the IRS., no 501 (c)(3) or 508(c)(1)(A) status; we are not a corporation or an unincorporated association, a business trust or a Charitable Trust. We are a 1st Amendment church organized under the headship of Jesus Christ. Therefore, this church does not give the IRS acknowledgment of your offerings and gifts. When you give you are giving to the Lord Jesus who is the sole owner and the beneficiary of that which is entrusted to Him. The Living Springs Baptist Church has no employees, no property, no bank accounts, and no “legal” existence. We are not, as a church, subject to the laws of our State and have no obligation to submit to any of its officers, departments, regulations, courts, or authorities. (And NO! We are not a fringe, conspiracy  cult church. We are simply applying the law and our Constitutional Right protected under the Bill of Rights, Amendment 1.) If you would like to learn more of how we handle our church finances please visit our GIVING page.

 We are a true church of the Lord Jesus, a spiritual body of assembled and baptized saints, purposed to fulfill the gospel commission of going into the world, preaching the gospel of Christ, baptizing, and making disciples for the glory and praise of the Lord Jesus Christ.

To learn more about how your church can become a 1st Amendment Church under Jesus Christ please go to Churches Under Christ.