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The American free church embodies an ecclesiastic theology widely
practiced within the united States of America.
The "American Free Church" denotes a conference of free churches located
within the lawful boundaries of the united States of America.
This conference is a church in and of itself; a collective assembly of
its independent churches at large.
See: Free Church .
The American free church movement is epitomized by this quote from President Thomas Jefferson in 1808. "The Constitution has not placed our religious rights under the power of any public functionary." [22]
1657: In response to the persecution of Quakers and other religions not approved by the governor of New Netherland , The Flushing Remonstrance declares that people have a right to individual conscience regarding God "... and the inability of government, or the illegality of government, to interfere with that." [23] [24]
1786: The Virginia Statute for Religious Freedom , written by Thomas Jefferson becomes state law.
1791: Ammendments to the United States Constitution are ratified; the Bill of Rights , first of which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..."
The Warren Association met to consider incorporation for Baptist churches. Isaac Backus spoke against it and incorporation was voted down. They also defeated a measure to let each church decide for itself whether to incorporate or not. [25]
1811: Congress ratifies a bill to incorporate the Protestant Episcopal Church in Alexandria, Virginia. President James Madison vetoes it, returning this objection in part:
"Because the bill exceeds the rightful authority to which governments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares that "Congress shall make no law respecting a religious establishment." The bill enacts into and establishes by law sundry rules and proceedings relative purely to the organization and polity of the church incorporated… This particular church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration."
1898: New Jersey became the first state to liberalize their incorporation laws. A Wealthy industrialist, Andrew Carnegie, a member of the largest Presbyterian denomination (PCUSA) board of directors, is first to encourage his denomination to incorporate.
Supreme Court Justice Hugo Black: "The establishment clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church"
1954: Churches were added to IRS Code § 501c3 by promotion of Lyndon B. Johnson, to silence opposition to political agendas. Prior to this, churches were not taxable.
2006: James Madison's veto is overturned, when an unprecedented demand by certain churches to enjoin the government as corporations, rather than be separate from it as free churches, is considered to be an exercise of [religious freedom].
The Free Church of Scotland and Evangelical Free Church have 501(c)(3) status within the United States.
Few Free Churches exist within America today. Voluntarily, churches generally organize as State corporations and apply for an IRS 501(c)(3) organization status. Although these churches are intrinsically tax exempt due to a Constitutional separation of church and State , they seek State certification . Consequently, an incorporated church falls under the dictates of the State, becomes an agent for the State, and subsequent to Lyndon B. Johnson's presidency, loses control of political free speech .
Some contemporary free churches, claiming rights protected by the Establishment Clause , due to complete separation from government are:
In 1906, the U.S. Supreme Court stated the following regarding corporations:
"... the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation." - Hale v. Henkel, 201 U.S. 43 at 74 (1906)
Although a church may organize under its own associative laws and practices, retaining a 'free' and perpetual status governed by its members, it may also organize under the authority of the State and seek 501(c)(3) status. Apparently, the latter poses no real benefit to its members. As Steve Nestor, IRS Sr. Revenue Officer (ret.) has stated:
"I am not the only IRS employee who"s wondered why churches go to the government and seek permission to be exempted from a tax they didn"t owe to begin with, and to seek a tax deductible status that they"ve always had anyway. Many of us have marveled at how church leaders want to be regulated and controlled by an agency of government that most Americans have prayed would just get out of their lives. Churches are in an amazingly unique position, but they don"t seem to know or appreciate the implications of what it would mean to be free of government control." [26]
Presently, more free church collectives are forming due to an awareness that corporations are a creation of the State in total control of the State.