Anyone who’s done any "church planting" research on the internet lately has quite likely discovered the ongoing debate about church incorporation. “To incorporate, or not incorporate. That is the question.” One school of thought holds that church incorporation is an “illegitimate extension of State power over churches.” And that by incorporating, churches “capitulate to the State.” In other words, they “transfer their sovereignty from the Church of Jesus Christ to the messianic, bureaucratic State.”

That’s tough talk. But, where does this come from? You may be surprised to discover that it arises from a convoluted argument over the “privileges” the State is said to subsidize for churches. As the argument goes, “a State-granted privilege has become (and always potentially was) a means for the State to exercise control over corporations.”

What are these privileges? When church leaders elect to incorporate, they presumably do so to limit their personal liabilities, for the special tax treatment afforded corporations, for the opportunity to own property in the name of the church, and for the right to sue in court to secure certain legal rights on behalf of the church. This is what some term, “a surrender of the church’s ecclesiastical birthright.”

The opposing argument can be summed up in these truths; that corporate privileges are not absolute, and there is no requirement that churches incorporate. In other words, incorporation is a choice made by church leaders after investigation, much thought, and profound consideration of what is best for their ministries. The sad truth, however, is that many churches are incorporated simply because their leaders think that’s what they’re supposed to do. Amazing how the silent suffering of ignorance can be deafening.

The fact of the matter is that in following this debate, one will rarely find a reference to scripture, or what the debater sees as the mind and heart of God. Instead, the opposing arguments exist almost entirely in the existential realm of pseudo-intellectualism. Thus, one intellectual argues that incorporation creates unbiblical “State” churches. The other insists that it’s just another modern tool to spread the gospel while protecting a church against modern risks.

Is one right and the other wrong? We shall know only when we look into the mind and heart of God on this issue. Why is that important? Because it really doesn’t matter what intellectuals believe and articulate, if it bears no relevance to God’s view on the matter.

I will say that I believe this debate is truly healthy and we need not fear fleshing it out. It’s essential if we are to let God reveal himself to us on this matter. I do suggest that we finally make how God feels about it the central theme of this discussion. Otherwise, we risk ending the debate by chalking it up it to a mere difference of opinion. Which would mean that we failed, or refused, to delve into the written Word for our answers. And that reduces our debate to an exercise in futility.

If we consult God's Word and conclude that it is only a matter of opinion, so that we can agree to disagree, that's fine. But consulting the bible is essential before we can end it that way. I believe that the only way to know what God thinks and feels on this issue is to read our bibles and discern it.

Even if we were to agree that the promulgation of religious incorporation statutes was born of a “state” desire to dull the Christian mind and suppress our birthright, we must still go beyond that to an understanding of what God would have us do.

I will not pretend to be a religious scholar or world-traveling preacher. I'm really just a simple man with gifts from God. But I will say this. I know that God is sovereign. Nothing happens without His approval. And no one, no government, no scheme, no hidden agenda, and no earthly power… no matter how strong or sinister, can hold back the holy and mighty hand of God. Not even a corporation.

I will be back to continue this discussion and add a few of my own tidbits. For now, I’d like to know what you think.

Text Of Email Sent To U.S. Senator Kay Bailey Hutchinson on February 19, 2007:

Dear Senator Hutchinson,

I am writing to express my shock and extreme displeasure at the recent news about the physical conditions and atrocious treatment faced on a daily basis by our wounded war heroes at Walter Reed Army Hospital in Washington D.C. I am sickened by the news of severely wounded soldiers having to trudge across a busy road in extremely cold weather to line up for morning formation, after having to sleep with rats and roaches. Not only is it apparent that this military-discipline experiment on very ill human beings is absurd and useless, it's even more appalling that no intelligent, caring personnel seem to be in a position to do anything about it.

I am so incensed, I can hardly put into words the magnitude of my outrage that this is all happening just down the road from Congress and the White House, with no apparent show of concern from those in a position to change it right away. As a native San Antonian from a proud and patriotic American military family, whose own father died at Brooke Army Medical Center 16 months ago and two oldest brothers fought bravely in Persian Gulf War I (the oldest is now buried at Fort Sam Houston National Cemetery), I know that we can do better. Why should our Irag-war heroes deserve any less than any member of Congress would receive should he or she fall ill at any moment?

I would be interested in hearing from the honorable Senator about her specific plans to do everything within her power to make sure the conditions and treatment of our military heroes change IMMEDIATELY at Walter Reed and any other such facilities where military heroes must suffer through such undignified treatment. At this very moment, as I write these words and contemplate the facts as they have been reported, assuming them to be generally true, I am ashamed of how we as a nation have failed and insulted those who have given everything up for our safety and freedom.

I cannot imagine that it would not be worth your time to not only work diligently to change things for the sake of our heroes and their families, but also for your own sake and your ability to sleep well at night. I know this is not your fault specifically. But, as a member of the United States Senate and from the great state of Texas, no less, you have the power to influence this situation for dramatic change very quickly. This is the kind of situation where our elected representatives prove themselves worthy (or not) of the trust the people have placed upon them. I will pray for your wisdom and fortitude as you move forward on this matter.

Humbly and respectfully,
Abe Hernandez, Esq.

I have found that church administration is not the most popular topic to write about. If I were solely concerned with popular church topics, I would be doing churches a disservice. But, my vast experience in serving churches tells me that church administration articles are among the most important for any new ministry, even if they don't want to hear it.

Understanding the numerous areas of risk involved in a church ministry is one of the best ways to protect it. As with most other things, to inform is to empower. What every church, not just a new church, should know is that risk can be managed.

But before you can manage risk, you must first identify and understand it. Identifying risk is not always easy. At times, it may seem like common sense. At others, it's counter-intuitive. Understanding risk is also not easy. Too many people are blinded by too many things, such as life experience, bias, and deep-rooted desires. I have found that helping churches identify and understand risk is a slippery slope that must be negotiated, no matter how seemingly insurmountable the minds and egos on the receiving end may be.

Of course, identifying and understanding risk cannot be accomplished in one, or even a few articles. It must be a two-way conversation because it begins with taking a deep look at who you are and what you do as a church ministry. This exercise can be as hard and painful as looking at who you are and what you do as a person.

In the same way that people are complex, ministries are complex because they reflect who we are as people. We've all done things we thought better of in hind sight. So it is with churches. In attempting a bit of foresight, I will begin this conversation with just a short list of the issues that potentially face any church, and therefore, of the inherent and created risk.

In going through this list, and considering the real life manifestation of each issue, we have to keep in mind the common thread; churches are all about people. Churches are nothing without the close, everyday, intimate and complex interaction among hundreds, sometimes thousands of unique individuals. Jesus does not operate in a vacuum. Therefore, when you have imperfect people involved in each others' lives in ways that are among the most intimate and profound in all of society, things are bound to happen.

And it's not simply an issue of church members, there are any number of constituents who are similarly affected, not the least of which is the community in which the church operates. The interactions, relationships, events, activities, discussions, messages, and opposing forces all add up to a mixture that is ripe for dispute, controversy, and even causes and effects for which a church may be hauled into court. Sometimes it's worse. Real human lives are involved. Even children can be tragically impacted.

Indeed, risk and complexity are a normal part of any church, as with any other microcosm of society and the world at large. Churches will never fully rid themselves of risk and complexity, and it may not even be desirable to do so. That is not to say that it can be ignored. On the contrary, ignoring even a small part of the risk and complexity that accompanies a typical ministry has resulted in a literal explosion of litigation against churches in the last decade. Where suing a church was once unheard of, today it is commonplace.

These lawsuits are often triggered by power struggles, the sharing of confidential information, questionable counseling practices, sexual misconduct, membership issues and the like. But there is no limit to the ways that risk may present itself within a church or ministry. The conflicts and risk elements are often converted into the following types of legal claims:

• Breach of Contract
• Negligence - Premises liability or risky church activity
• Negligent hiring, supervision or retention of employees or volunteers
• Clergy malpractice
• Defamation
• Negligent or Intentional Infliction of Emotional Distress
• Breach of Fiduciary Responsibility
• Violation of Corporate Bylaws
• Invasion of Privacy, or Breach of Confidentiality, and
  
• Abuse in the Teen or Children's Ministry… to name a few.
  

We'd like to think that ministers and other church leaders are much more adept at thinking these things through when contemplating the start up, or maturing process, of a church or ministry. But, the truth is that you'll be hard-pressed to find that course in divinity school. Besides, ministry and outreach is what is foremost on most church leaders' minds. Which leaves risk management to administrators.

Yes, this is really for the church administrators who often see their roles as simply collecting and depositing the weekly contribution, and accounting for it to church leadership. A church administrator who doesn't fully embrace the more important role I lay out here, doesn't really understand his or her calling. Church administration is a biblical role. The ad-ministry is an important ministry alongside all others. I know, I've been there and done that.

In no particular order, the following are major elements of risk that must be managed to some extent in every church or ministry, no matter how large or small, and those that all church leaders should carefully think about and plan for. We will revisit each, one at a time, in future posts:

• The church's legal and corporate existence (hint: do an audit before you really have to)
  
• Financial health (hint: establish an effective policies and procedure infrastructure)
• Church's contract(s) with its ministry personnel (hint: decide if this is right for you)
  
• Church-specific Constitution/Bylaw (hint: think long and hard about what you will include)
  
• Summer Camps (hint: what precautions are needed and are you insured?)
• Youth Ministries (hint: are you doing background checks on youth workers?)
  
• Children's Ministry Guidelines (hint: this is one of the biggest areas of risk)
• Child Abuse Reporting Guidelines (hint: you must know exactly what to do, or face consequences)
• Christian Conciliation and Alternative Dispute Resolution (hint: decide to require this from all staff and employees to avoid future litigation)
• Appropriate Insurance Coverage (hint: failure to properly insure may be grounds for imposing personal liability on leaders)
• Board and Staff Training (hint: another large area of risk because it's ripe for abuse)
• Volunteerism, Screening, Training and Supervision (hint: huge area of risk because poor training and lack of control spell potential trouble)
• Policies on Avoiding Defamation (hint: know what to say or not say, when, how and to whom)
  
• New Church Start-ups (hint: to most critical time to consider all these issues)
• Church Polity (Denominational Structures) (hint: best to think it through from the outset and not when you're on the courthouse steps)
• Formation of Conventions and Associations of Churches (hint: how will you protect all these relationships and what they stand for?)
• Formation of Integrated Auxiliaries and Support Organizations (hint: how will they function and be overseen, and how will they benefit the church?)
• Association & Affiliation Agreements (hint: if you have one, was it drafted by a competent professional?)
• Legal and/or Religious Authority in the Church (hint: if you don't establish it now, it may be decided for you later)
• Ecclesiastical Tribunals (hint: will their authority extend beyond spiritual/religious?)
• Missions Societies (hint: how will funds be handled, distributed and accounted for?)
• Church-Owned & Leased Property (hint: are there other tax issues involved? What about insurance?)
• Ordination & Parsonages (hint: can you current practice subject ministers to possible audits?)
• Clergy & Social Security (hint: do you know what you need to know?)
• Special IRS Tax Benefits for Clergy (hint: are you maximizing them or losing out?)
• Pastoral Counseling (hint: when are you going beyond where the law protects you?)
• Clergy-Penitent Privilege (hint: what should you know about his?)
• Clergy in Church Administration (hint: how do you go from pastoral ministry to administration, and what does it practically mean?)
• Benevolence Funds (hint: you can get in trouble with lousy practices)
• The Church Audit Procedures Act (hint: how to use it to your advantage)
• Religious Publishing & the Commerciality Doctrine Music Licensing (hint: what should you know about this area?)
  
• IRS Section 501(c)(3) Tax Exemption (hint: if this is right for you, you do you get it and keep it?)
  
• State Tax Exemptions (income, franchise, sales, use personal and real property taxes) (hint: learn how to take advantage of these)
  
• Board Governance and Fiduciary Duties (hint: are for-profit corporate standards being applied to nonprofits and churches?)
  
• Board Committees (hint: know what they do and what their protocol should be)
  
• Corporate and Organizational Structures (hint: think it through now before it becomes unwieldy)
  
• Subsidiaries and Affiliates (hint: how can you use them to advance your purposes?)
  
• Financial Accountability and Executive Compensation (hint: how do you avoid running afoul of reasonable compensation and independent decision-making rules?)
  
• Title VII and Discrimination (hint: how does it apply to churches and can it benefit you?)
  
• Private Inurement & Private Benefit (hint: perhaps the largest area of concern, if not the most costly. It's a matter of integrity before the Lord)
  
• Excess Benefit Transactions & Intermediate Sanctions (hint: what are the costs?)
  
• Employee and Volunteer Expense Reimbursements (hint: learn to do it right and not over do it)
  
• Disqualified Persons & Conflict of Interests (hint: O.K., are you getting the message?)
  
• Employee Hiring, Evaluation, Discipline and Terminations
• Employee Manuals
• Employee vs. Independent Contractor Rules
• Employment and Severance Agreements
• Background Investigations
• ADA, COBRA and Employee Benefits
• FMLA, FLSA and OSHA
• Gifts to Employees and Taxation
• Sexual Harassment Policy
• Workplace Substance Abuse Prevention
• Unrelated Business Income Tax
• State & Federal Taxation
• Fundraising & Charitable Solicitation
• Gifts & Contributions
• Scholarship & Research Gift Programs
• Trademark, Copyright & the Fair Use Doctrine
• Records Retention Guidelines
• Nonprofit Lobbying and Political Activity
• Nonprofit Disclosure Rules Protecting, Exploiting, and Licensing an Intellectual Property Portfolio

Stay with me as we examine these issues in future posts.

This is a problem that will not go away. Not only because of the mental shift toward secular humanism that is apparent in our society, but also because of the pervasive ignorance among so-called "educators," and the powerful resolve of atheist activists. I'm talking not merely about religious discrimination, but about the cynicism, skepticism, and increasingly apparent hatred directed at Christianity in particular.

It goes like this: Public School officials in America today, allow and promote all sorts of vile, vulgar and destructive expressions of self throughout the educational setting, dismissing them as nothing more than where our society has progressed to and the innocent truths of today's youth. You know what I'm talking about: sexual promiscuity, championing gay lifestyles, drug-addicts turned heroes simply because they go clean, pagan-satanic rituals, and of course, evolution and humanism that deny the truth and existence of God.

At the same time, they prohibit a 10 year old boy from wearing a Jesus costume as his way of saying "NO" to the pagan message he believed was inherent in the school's holloween activities. Not only was he told he could not wear a plastic crown of thorns, he was not allowed to mention the name of Jesus. (See, Boy Who Wanted To Wear Jesus Costume Sues at www.msnbc.msn.com/id/17266174/)

The legal problems with the school's actions are many and obvious. It's fairly well settled that an individual student's expression of religion may not be suppressed simply because it is religious. That holds true whether the religious "speech" (and it's obvious that wearing a Jesus costume to protest holloween school activities is most definitely religious speech) is expressed outside of organized school activities, or in the context of non-curricular expressive activities in which students are given freedom to choose their own speech, and then are censored when they choose something with religious content.

This happens often. The instant case is a good example of allowing school children the freedom to choose their own speech… so long as it is not Christian in nature. But most champions of religious rights and protectors of the Christian faith can point to many other examples, often perpetrated by public school officials against children with a strong Christian faith. I can recall off the top of my head the case where an elementary public school teacher assigned a report to her students on "Who Is My Hero." When a Christian boy in her class turned in a report on Jesus, not only did she give it back and give him a failing grade, but the school district backed her up with a "scorch the earth" mentality and resolve. In a more recent case, an elementary school student chose a Christian song for a school talent show that was held in the evening. She was censored because of the Christian message it sent.

These are blatant violations of our children's First Amendment rights, on many levels. Not only is it apparent from legal precedent, but it's also apparent from a simple, logical review of the facts. I doubt that, in organizing holloween activities, school officials first asked whether the organizing administrator had a leaning toward the occult or satanism. There is no indication that they censored any other costumes, including those of witches and devils, as expressive of a religion. (Of course, that would defeat the purpose of the activities at hand.) And I strongly doubt that had someone shown up in a costume of Buddha or Hare Krishna anyone would have batted an eye.

But, should anyone even suggest the name or idea of Jesus, public school officials come out fighting with all guns blazing. It signifies a pervasive and disturbing ignorance about what separation of church and state in America means. School administrators seem to think it means "do not allow expressions of Christianity in any form and in connection with any school setting or activity whatsoever." Nothing could be further from the truth.

Let us not forget where much of this comes from. There are many negative, destructive and evil forces at work in this world. It is, after all, the work of the darkest of enemies. But he works through ignorance and hatred. I believe that when public school officials so blatantly and mercilessly discriminate, not against religion, per se, but against Christianity in particular, it had to start in another place and another time. Too many people today have turned their backs on Jesus because they're more attracted by the lies of the world. They believe the answers to life lie in their own discoveries and inventions. Many think psychology and philosophy are the supreme theories that will solve humanity's problems.

When people's lives go awry, they blame God. When the world beats them up, they blame the Lord. When they can't escape their own slavery to sin, whatever form it takes, they blame it on Christ. When they don't want to face the fact that their lives may at times seem meaningless and purposeless, they try to deny the meaning and purpose of the cross. It's the loss of faith and the lure of the world. More than ever, people worship the idols of money, beauty, success, pleasure, and possessions. It isn't convenient to believe in a Christ who teaches us to deny ourselves.

And then there's the atheist movement. What else can we say about atheism, except that it's everywhere, even in public school administration. But here's a telltale sign that even atheists, despite their activism, fear Jesus Christ. They fight with all their might to keep His name out of every place imaginable. I suppose the good news, aside from the fact that Jesus cannot be denied, is that He cannot be stopped. Have you heard the one about the convention of atheists who were in the middle of singing their denial song when a mighty earthquake struck and the walls began to tumble? Well, they all knelt down to pray that their lives be spared.

And that is where much of the problem lies. Somewhere deep inside, people know the truth and power of God, but cannot stand the fact that it convicts their soul. So they do their best to prop up a secular system, purporting to lean on the power of law and the authority of policy to deny what is really going on in themselves and in society.  They deny that God is watching. That he cannot be mocked. That He cannot be denied. That Christ is what's missing.

Does anyone really believe that public school officials really thought that by allowing a 10 year old boy to wear a Jesus costume at a holloween activity, that the school district would get in trouble for promoting religion? Would allowing a child to write a report about Jesus as their hero, that only one teacher gets to see, promote Christianity? Would allowing an elementary school girl to sing a Christian song at an evening talent show amount to the school itself promoting the Christian faith? Obviously, the answer is No, No and No. Even if they suggested that was their fear, where did they get their facts or legal research from? It's obvious that they either do not have legal counsel, or they have one that knows very little about this area of law.

School districts always point to a "policy" that does not allow the targeted speech, as though the word "policy" carried inherent authority or meaning. The truth is that policies can be based on anything, including ignorance, lack of research, and a strong anti-Christian influence in the political and administrative ranks of a school district. The time has come for public school officials to wake up and understand that the law is settled. And that their harassment of small children and discrimination against all things Christian in a public school setting are ill-advised and an exercise in futility.

Their tact, in discouraging expressions of faith, is to overwhelm the faithful Christian with seemingly insurmountable odds. In other words, they force small children to sue them just so they can sing their song, write their story, or say no to paganism. I suggest that Christians turn it upside down on school district officials. If more Christian families encouraged their children to engage in expressions of their Christian faith in the school setting (understanding them to be not only right and appropriate, but also legally and morally sound), and if more Christian defenders resolved to step in and help faithful children fight the good fight, school districts would think twice about violating our children's First Amendment rights and inviting such ridiculous litigation.

Let's make them weigh the prospect of too much litigation against the prospect of letting small innocent children engage in simple expressions of their Christian faith. Not that we need to see what some school officials are already made of–I think we already know that–but I do think we need to see where their priorities lie: the promotion of education and enlightenment, or the perpetuation of ignorance?

As for me and my house, we stand with Christ.

(I am not suggesting in this posting that a majority, or most, public school officials are anti-Christian. But it's apparent that this is a problem in public education. As in all things, if the shoe fits, wear it.)

For more on your legal right to religious expression in the public school setting, go to: www.firstfreedom.gov.