Do we really need to join a church? Does our church really need a church membership policy? Is a detailed church covenant overkill? In American culture, it’s much easier for people to shop for a church that feels like the “right fit” than it is to commit to join a local congregation. Thankfully, a number of helpful books and articles have been written explaining the biblical case for church membership.
But pastors and church members should also know that American law provides reasons for churches to give careful attention to both their membership policies and the theological basis for those policies. Doing so respects the individuals who come to the church, and it can also protect the church from legal liability.
The goal of this article is to unpack the latter half of that claim: that clear membership processes offer legal protection to American churches.
LEGAL RISKS CHURCHES FACE
Churches sometimes face legal exposure. Even a well-functioning, gospel-preaching, Scripture-affirming church can find itself facing a lawsuit.
Suppose a church exercises appropriate, biblical church discipline to correct unrepentant sin. In the process, one elder tells the other elders what’s happening (Matthew 18:16). Maybe they end up having to tell the entire
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