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2005 SESSION
SJ 339 Constitutional amendment; prohibits General Assembly from incorporating churches (1st reference).
Introduced by: William C. Mims | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Constitutional amendment (first resolution); powers of the General Assembly; limitations on powers including incorporation of churches. Deletes language that prohibits the General Assembly from granting charters of incorporation to churches. This prohibition was held to be unconstitutional in 2002 by the United States District Court for the Western District of Virginia in Falwell v. Miller (203 F.Supp. 2d 624). The Court held that the prohibition against incorporation of churches violated the plaintiff church's First Amendment rights to the free exercise of religion. Since that case, the State Corporation Commission has granted charters to churches. This amendment deletes the now obsolete language and effects no change in current law on the powers of the General Assembly.
FULL TEXT
- 01/11/05 Senate: Prefiled & ordered printed; offered 01/12/05 050272772 pdf
- 04/11/05 Senate: Bill text as passed Senate and House (SJ339ER) pdf
- 04/13/05 Governor: Acts of Assembly Chapter text (CHAP0950) pdf
HISTORY
- 01/11/05 Senate: Prefiled & ordered printed; offered 01/12/05 050272772
- 01/11/05 Senate: Referred to Committee on Privileges and Elections
- 02/01/05 Senate: Reported from Privileges and Elections (15-Y 0-N)
- 02/03/05 Senate: Read first time
- 02/04/05 Senate: Read second time and engrossed
- 02/07/05 Senate: Read third time
- 02/07/05 Senate: Agreed to by Senate (40-Y 0-N)
- 02/07/05 Senate: VOTE: AGREE TO (40-Y 0-N)
- 02/07/05 Senate: Communicated to House
- 02/09/05 House: Placed on Calendar
- 02/09/05 House: Read first time
- 02/09/05 House: Referred to Committee on Privileges and Elections
- 02/18/05 House: Reported from Privileges and Elections (19-Y 0-N)
- 02/22/05 House: Passed by for the day
- 02/23/05 House: Passed by for the day
- 02/24/05 House: Taken up
- 02/24/05 House: Agreed to by House (86-Y 7-N)
- 02/24/05 House: VOTE: ADOPTION (86-Y 7-N)
- 03/09/05 Senate: Enrolled
- 03/09/05 House: Signed by Speaker
- 03/11/05 Senate: Signed by President
- 04/11/05 Senate: Bill text as passed Senate and House (SJ339ER)
- 04/13/05 House: Assigned Chapter 950 (effective 7/1/05)
- 04/13/05 Governor: Acts of Assembly Chapter text (CHAP0950)