General Scope of a Minister's Authority
By Richard R. Hammar, J.D., LL.M., CPA
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What authority do clergy possess by virtue of their office? In general, clergy will have the authority to do those things specifically authorized in their employment contract, in the church's constitution and bylaws, or by specific delegation of authority from the church board. In addition, state law confers authority upon clergy to perform certain functions. Actions by clergy that are not authorized may be void. For example, one court invalidated a minister's attempted unilateral expulsion of 29 members of his church since neither the church charter nor bylaws authorized him to take such action.1 Further, the fact that a minister is invested with spiritual authority does not in itself create any legal authority.2
See related topics: Officer of the Church Corporation; Property Matters; Performance of Marriage Ceremonies; Exemption from Military Duty; Exemption from Jury Duty; The Clergy-Penitent Privilege; Visiting Privileges at Penal Institutions.
For related information on this topic see the following articles:Officer of the Church Corporation
Clergy Authority in Property Matters
Performance of Marriage Ceremonies
Visiting Privileges at Penal Institutions