Constitutional amendment; prohibits General Assembly from incorporating churches. (HB1382)

Introduced By

Del. Michele McQuigg (R-Occoquan)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Constitutional amendment (voter referendum); powers of the General Assembly; limitations on powers including incorporation of churches. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment relating to incorporation of churches. The proposed amendment 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 right 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 makes no change in current law. Read the Bill »


03/07/2006: signed by governor


01/11/2006Presented and ordered printed 060580772
01/11/2006Referred to Committee on Privileges and Elections
01/20/2006Fiscal impact statement from DPB (HB1382)
01/27/2006Reported from Privileges and Elections (21-Y 0-N)
01/30/2006Read first time
01/31/2006Read second time and engrossed
02/01/2006Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/01/2006VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/2006Communicated to Senate
02/02/2006Constitutional reading dispensed
02/02/2006Referred to Committee on Privileges and Elections
02/14/2006Reported from Privileges and Elections (8-Y 0-N)
02/15/2006Read second time
02/16/2006Read third time
02/16/2006Passed Senate (39-Y 0-N)
02/16/2006VOTE: (39-Y 0-N)
02/22/2006Bill text as passed House and Senate (HB1382ER)
02/23/2006Fiscal impact statement from DPB (HB1382ER)
02/23/2006Signed by Speaker
02/23/2006Signed by President
03/07/2006G Approved by Governor-Chapter 68 (effective 7/1/06)
03/28/2006G Acts of Assembly Chapter text (CHAP0068)