In Hope Community Church v. Warner, (ND WV, Sept. 26, 2024), a West Virginia federal district court held that the West Virginia constitutional provision that bars churches from incorporating is unconstitutional. The court said in part:
Because Article VI, Section 47 of the West Virginia Constitution that reads, in part, “[n]o charter of incorporation shall be granted to any church or religious denomination,” the Court finds it is not neutral or generally applicable, and it does not further a compelling government interest. Furthermore, the Court holds this provision violates the Church’s First Amendment rights to the free exercise of religion, which is applicable to the States through the Fourteenth Amendment.
[Thanks to Eugene Volokh via Religionlaw for the lead.]
