Church of American Strength & Hope
CHURCH · KITCHEN · COMMUNITY
Legal Protections & Regulatory Framework
The legal posture of CASH. Constitutional, federal, state.
This page compiles the constitutional, federal, and state legal authorities under which Church of American Strength & Hope operates. It is a reference for church leadership, a resource for legal counsel, and documentation of the legal framework protecting CASH's pastoral ministry, organizational structure, and commercial activities. Effective May 2026. EIN 41-4115277.
§ 1 · Purpose and Scope
CASH is a 501(c)(3) non-denominational Christian church based in Ladson, South Carolina, operating under the doctrinal framework of Anti-Entropy Theology, the Imago Trinitatis (Trinity-as-Temporal) understanding of human personhood, and the 19 Maxims of Christian Strength. CASH provides pastoral healing ministry, vocational training, community outreach, and related programs.
This document does not constitute legal advice and should be reviewed by qualified legal counsel for application to specific situations.
§ 2 · First Amendment Protections
2.1 The Free Exercise Clause
The First Amendment to the United States Constitution provides the foundational protection for all CASH operations: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The Free Exercise Clause protects not only religious belief but religious conduct and practice. The Supreme Court has consistently held that the government may not target religious practices for restriction or impose special disabilities based on religious status. CASH's pastoral ministry, including its assessment methodology (PCAS), doctrinal teaching, and community integration practices, constitutes the sincere exercise of religion under this clause.
2.2 The Establishment Clause and Church Autonomy
The Establishment Clause creates a reciprocal protection: the government may neither establish a state religion nor entangle itself in the internal affairs of religious organizations. The Supreme Court has recognized a robust church autonomy doctrine holding that civil courts lack jurisdiction over matters of religious doctrine, practice, governance, and internal discipline.
Key cases
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Watson v. Jones, 80 U.S. 679 (1871). Civil courts cannot adjudicate questions of religious doctrine or ecclesiastical governance.
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Kedroff v. Saint Nicholas Cathedral, 344 U.S. 94 (1952). Religious organizations have constitutional autonomy over matters of faith and practice.
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Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___ (2020). Reinforced the ministerial exception.
Application to CASH: The doctrinal framework, including Anti-Entropy Theology, the Pastoral Care Assessment System (PCAS), the 19 Maxims of Christian Strength, and the Imago Trinitatis understanding of human personhood, constitutes internal religious doctrine over which civil authorities have no jurisdiction.
2.3 The Ministerial Exception
The ministerial exception, rooted in both Religion Clauses, bars government interference in a religious organization's selection, supervision, and discipline of its ministers. The Supreme Court unanimously recognized this principle in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012), and expanded it in Our Lady of Guadalupe (2020).
Application to CASH: Pastor Bryan Korth, as Lead Pastor and Founder, and Preacher Malquan Pimentel, as ordained clergy, fall squarely within the ministerial exception. Their roles, functions, and pastoral decisions are beyond government regulation.
§ 3 · Religious Freedom Restoration Act (Federal)
The Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb et seq., provides that the federal government shall not substantially burden a person's exercise of religion unless the government demonstrates that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.
Although the Supreme Court held in City of Boerne v. Flores, 521 U.S. 507 (1997), that RFRA cannot be applied to state and local governments, RFRA remains fully applicable to federal law and federal agencies. This is relevant to CASH's interactions with federal agencies including the IRS, HHS, HUD, DOL, and USDA, particularly regarding faith-based grant access under Executive Order 14205 and related directives.
Key RFRA cases
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Gonzales v. O Centro Espírita, 546 U.S. 418 (2006). Government must demonstrate compelling interest as applied to the specific claimant, not merely in uniform application of the law.
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Burwell v. Hobby Lobby Stores, 573 U.S. 682 (2014). RFRA protections extend broadly; Congress intended very broad protection for religious liberty.
§ 4 · South Carolina Clergy Counseling Exemption
4.1 The Statutory Exemption
South Carolina Code § 40-75-290(6) explicitly exempts clergy from the state's Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-Educational Specialists licensing requirements:
"[This article does not affect] a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article."
S.C. Code Ann. § 40-75-290(6) (2018 Act No. 249).
4.2 Application to CASH
This exemption applies under two independent prongs:
Prong 1: Uncompensated ministerial duties
When Pastor Korth or Preacher Pimentel provide pastoral care within the scope of their regular ministerial duties and receive no fee for those specific services, the exemption applies without further conditions.
Prong 2: Under church auspices
When pastoral restoration ministry is performed under the auspices and sponsorship of CASH as an established church, with the minister remaining accountable to CASH's established authority (the Board of Directors and Lead Pastor), and the minister does not represent himself as holding a state counseling license, the exemption applies regardless of whether compensation is received.
CASH's pastoral ministers never represent themselves as licensed professional counselors, licensed marriage and family therapists, or holders of any credential issued under S.C. Code Title 40, Chapter 75.
4.3 Critical Compliance Boundaries
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CASH pastoral ministers never use the titles "licensed professional counselor," "licensed counselor," "marriage and family therapist," or "addiction counselor" as defined under S.C. Code § 40-75-30.
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All services are framed as pastoral ministry within CASH's doctrinal framework, not clinical treatment.
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PCAS is identified as a religious assessment tool, not a clinical diagnostic instrument.
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CASH uses theological terminology (depth failure, weight collapse, invaded state) alongside common terms for accessibility, while clearly establishing the theological framework.
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No DSM diagnostic codes or clinical diagnostic language appears in CASH ministry records.
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Emergency and acute psychiatric conditions are referred to appropriate medical professionals.
§ 5 · Pastoral Privilege and Confidentiality
5.1 Clergy-Penitent Privilege
South Carolina recognizes the clergy-penitent privilege under S.C. Code § 19-11-90, which protects confidential communications made to a minister in the minister's professional capacity. Additionally, S.C. Rule of Evidence 505 provides:
"A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser."
CASH pastoral ministry records are maintained in theological and pastoral terminology and are confidential within the bounds of pastoral privilege.
5.2 Mandatory Exceptions
Pastoral privilege does not override mandatory reporting obligations. CASH recognizes and complies with the following exceptions to confidentiality:
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Imminent danger to self or others.
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Child abuse or elder abuse (S.C. Code § 63-7-310 mandatory reporting).
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Court order (CASH will assert pastoral privilege where applicable before disclosure).
§ 6 · Tax-Exempt Status and Church Classification
6.1 Federal Tax-Exempt Status
CASH is organized and operates as a 501(c)(3) tax-exempt organization under the Internal Revenue Code. Churches occupy a unique position in the tax code:
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IRC § 508(c)(1)(A): Churches are automatically exempt from federal income tax without the requirement to file IRS Form 1023 for recognition of exempt status.
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IRC § 170(b)(1)(A)(i): Contributions to churches are deductible as charitable contributions without the requirement of an IRS determination letter.
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IRC § 6033(a)(3)(A)(i): Churches are exempt from filing annual Form 990 information returns.
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IRC § 7611: Heightened procedural requirements before the IRS may initiate an examination of a church.
Although CASH holds automatic church status under IRC § 508(c)(1)(A), CASH is pursuing IRS Form 1023 (full application) to obtain a formal determination letter. The determination letter is a prerequisite for downstream platform access including Google for Nonprofits, TechSoup, PayPal Giving Fund, and foundation grant eligibility. It does not alter CASH's underlying exempt status.
6.2 South Carolina Tax Exemptions
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Sales Tax: Churches in South Carolina are eligible for sales and use tax exemption under S.C. Code § 12-36-2120(2) for purchases made for church use. CASH is filing Form ST-387 through MyDORWAY.
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Property Tax: Under S.C. Code § 12-37-220(A)(3), property belonging to churches or religious societies and used for worship or as parsonages is exempt from property taxation.
§ 6.5 · Food Ministry Operations
CASH operates several food-related ministries (members-only meals at the kitchen, occasional public events on church premises, and cottage-food products such as honey sticks). Each operates under a specific South Carolina exemption.
6.5.1 Members-Only Food Service
The CASH Kitchen serves Mon–Thurs members-only meals under S.C. Reg § 61-25.8-301.12(A)(1), which exempts churches where food service is limited to members and their invited guests. CASH does not hold a DHEC retail food establishment permit and is not required to under this exemption. Meals are prepared by volunteers and are not inspected by the South Carolina Department of Agriculture or DHEC unless in response to a complaint.
6.5.2 Public Food Events on Church Premises
CASH operates public food events (potlucks, community meals, outreach) on church premises under S.C. Code § 44-1-300 and § 46-57-60, which permit up to 12 such events per calendar year without commercial food service licensing.
6.5.3 Cottage Food Products
CASH-produced cottage-food products (honey sticks, baked goods) are produced under S.C. Code § 46-57-20. Products are labeled in compliance with the cottage food labeling requirements. There is no revenue cap for cottage food sales under SC law.
6.5.4 Disclosure
All food ministry operations are clearly disclosed to participants. The footer of cashvalues.org carries the language: "Food is prepared by volunteers and is not inspected by the South Carolina Department of Agriculture or DHEC unless in response to a complaint. Consume at your own risk."
§ 6.6 · Church Property Use
6.6.1 Residential-Address Operations
CASH currently operates church administration, pastoral ministry, and members-only services at a residential address. South Carolina S.C. Code § 6-29-715 provides that no zoning ordinance may prohibit church-related activities in a single-family residence. This protection covers:
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Church administrative offices in the residence.
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Pastoral counseling and small-group ministry sessions on the premises.
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Members-only food service (per § 6.5.1 above).
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Storage of ministry materials and equipment.
The exemption does not extend to regularly scheduled large worship services, which would be evaluated under standard zoning conditional-use rules.
6.6.2 Federal Religious Land Use Protection
The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, provides additional federal protection. RLUIPA prohibits land use regulations that impose a substantial burden on the religious exercise of a church or religious assembly unless the government demonstrates that the burden is in furtherance of a compelling governmental interest and is the least restrictive means.
6.6.3 Multi-Use of Church Property
Property tax exemption under S.C. Code § 12-37-220(A)(3) applies broadly to property used for religious purposes, not only worship. The kitchen, counseling rooms, fellowship areas, and Project Living Water staging space all qualify as religious-use spaces under this provision when the activities serve the church's mission.
6.6.4 Unrelated Business Income
IRC §§ 511–514 (Unrelated Business Income Tax) governs whether revenue from commercial-style activities exposes the church to UBIT. CASH activities (members-only meals at cost-recovery, donation-based services, cottage food production) are structured to fall inside the church-purpose carveout. Any genuinely commercial revenue stream would be evaluated separately for UBIT compliance.
§ 7 · Apothecary & Herbal Products
CASH offers herbal and nutritional products through its apothecary. These are consumer products and religious ministry materials, not medical treatment. CASH makes no claim that any product diagnoses, treats, cures, or prevents any disease or condition. These statements have not been evaluated by the Food and Drug Administration.
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Federal Hemp Legality: The Agriculture Improvement Act of 2018 (2018 Farm Bill), 7 U.S.C. § 1639o, removed hemp (Cannabis sativa L. with delta-9 THC concentration of not more than 0.3 percent on a dry weight basis) from the Controlled Substances Act. Hemp-derived cannabinoids including CBD, CBG, and CBN are federally legal.
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South Carolina Hemp Farming Act: S.C. Code Ann. § 46-55-10 et seq. aligns with the federal definition. Section 46-55-30 specifically provides that the chapter's regulatory provisions do not apply to the possession, handling, transport, or sale of hemp products and extracts.
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CASH Positioning: Hemp-derived compounds (CBD, CBN, terpenes) are provided as consumer products. Participants may decline anything. CASH does not make medical claims regarding herbal preparations.
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GRAS Functional Food Ingredients: CASH's non-hemp formulations use ingredients with Generally Recognized As Safe status: matcha, ginger, lion's mane, turmeric, hibiscus, cacao, and rosemary.
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Cottage Food Law: S.C. Code § 44-1-143 permits cottage food operations with no revenue cap for certain food products.
§ 8 · PCAS Legal Positioning
8.1 PCAS Is Religious Assessment, Not Clinical Diagnosis
The Pastoral Care Assessment System (PCAS) is CASH's pastoral assessment methodology, woven into CASH's doctrine. PCAS reads where a person is jammed, in how they see, how they read, or how they act, using pastoral categories, not DSM diagnostic codes.
CASH occupies a novel but legally defensible position: PCAS IS the doctrinal assessment, not an add-on. PCAS is structured pastoral assessment woven into church doctrine, not a clinical tool bolted onto a church structure.
8.2 Key Distinction from Clinical Psychology
Clinical work observes symptoms and assigns labels. PCAS is a pastoral lens that looks for where a person is jammed and meets what is actually there. Two people with the same label may need different pastoral care. PCAS is not a diagnosis and not a treatment.
8.3 Dual-Terminology Legal Soundness
CASH uses common terms (anxiety, depression, PTSD) alongside CASH's pastoral terminology (boundary, predict, action). This approach is legally sound:
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Communication necessity: People search for help using common terms.
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Educational framing: Explaining the connection between secular and theological understanding is protected religious teaching.
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Transparency: Clearly identifying the ministry as religious restoration rather than clinical treatment is more honest than avoiding common terms.
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Historical practice: Churches have always interpreted secular conditions through theological lenses.
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Constitutional protection: The government cannot require religious ministries to avoid common language when describing conditions they address through spiritual means.
§ 9 · Informed Consent and Participant Protections
CASH requires signed informed consent from all pastoral ministry participants before restoration ministry begins. The informed consent document clearly establishes:
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This is religious healing ministry under First Amendment protections, not clinical treatment.
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CASH does not provide clinical diagnosis using DSM criteria, psychotherapy by licensed professionals, medical treatment, medication prescription or management, emergency psychiatric care, court-admissible treatment, or insurance-reimbursable services.
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Participants retain the right to continue clinical treatment, discontinue ministry at any time, seek second opinions, and request referrals.
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Participation does not create a doctor-patient, therapist-client, or healthcare provider-patient relationship.
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Voluntary participation with no penalty for discontinuation.
The informed consent includes checkbox acknowledgments for each key provision and requires signatures from both the participant and the pastor.
§ 10 · Organizational and Corporate Protections
10.1 501(c)(3) Corporate Structure
CASH is incorporated under South Carolina law as a nonprofit religious corporation with articles of incorporation, bylaws, an active EIN, and a Board of Directors currently comprising six members. The corporate structure provides:
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Limited liability protection for officers, directors, and members under state nonprofit corporation law.
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Volunteer Protection Act (42 U.S.C. § 14501-14505) liability protections for volunteers acting within scope of duties.
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South Carolina Volunteer Protection Act (S.C. Code § 33-55-210) additional state-level protections.
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Fiduciary governance through documented board meetings, minutes, and financial controls.
10.2 Intellectual Property
CASH's doctrinal framework, including Anti-Entropy Theology, the 19 Maxims of Christian Strength, the Pastoral Care Assessment System (PCAS), the 52-week devotional, the Imago Trinitatis writings, and all associated published works, is protected under federal copyright law (17 U.S.C. § 101 et seq.) upon creation and fixation. Trademark filings for "CASH" and "cashvalues" are queued (Class 41 and 36, pending TESS clearance search).
§ 11 · Bridge Builder Web Services
Bridge Builder Web Services provides donation-based web development, LLC formation assistance, and registered agent services. Key legal considerations:
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Services are donation-based; no one is turned away for inability to pay. This positions the program as ministry-adjacent charitable activity.
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CASH does not provide legal advice regarding LLC formation. CASH provides administrative assistance and refers legal questions to qualified attorneys.
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Registered agent services involve receiving legal documents on behalf of entities; this does not constitute the practice of law.
§ 12 · Project Living Water · Outreach Legal Framework
Project Living Water is CASH's mobile shower and restoration outreach for unsheltered individuals. Legal positioning:
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All pastoral outreach operates under First Amendment protections for sincere religious practice.
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CASH does not diagnose, treat, cure, or prevent any medical disease or condition through Project Living Water.
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Hygiene services (shower, supplies) are charitable ministry with standard premises liability considerations.
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Maxim teaching is protected religious speech under the Free Exercise and Free Speech Clauses.
§ 13 · Non-Discrimination and Public Accommodation
CASH's community services (Project Living Water, Bridge Builder Web Services, the Kitchen, Bridge triage) are available to all persons regardless of religion, race, ethnicity, gender, sexual orientation, disability status, or any other protected characteristic. CASH does not condition services on faith, church membership, or participation in religious activities.
CASH is a Christian ministry operating from Christian doctrine. Participants in pastoral restoration ministry are informed that the ministry approaches restoration through Christian theology and includes teaching of Christian maxims. Participants are not required to be Christians or CASH members, but they must understand the religious nature of the ministry as established in the informed consent document.
§ 14 · Referral Protocol and Scope of Ministry
CASH maintains a clear referral policy documenting conditions outside the scope of religious ministry. CASH refers the following to appropriate medical or clinical professionals:
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Active suicidal ideation or imminent self-harm (immediate referral to 988 Suicide & Crisis Lifeline or 911).
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Active psychosis requiring psychiatric stabilization.
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Medication prescription, adjustment, or management needs.
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Court-ordered treatment requiring a licensed provider.
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Conditions requiring immediate medical intervention.
CASH works alongside clinical treatment. Participants may continue seeing therapists or psychiatrists. CASH does not tell people to stop medication or discontinue clinical therapy. CASH builds partnerships with clinical providers who respect the CASH framework.
§ 15 · Summary of Applicable Authorities
U.S. Constitution, Amendment I
Free Exercise and Establishment Clauses; church autonomy; protected religious practice
RFRA, 42 U.S.C. § 2000bb
Strict scrutiny for federal burdens on religious exercise
RLUIPA, 42 U.S.C. § 2000cc
Religious land use and institutionalized persons protections
IRC § 508(c)(1)(A)
Automatic church tax-exempt status
IRC § 170(b)(1)(A)(i)
Charitable contribution deductibility
IRC § 6033(a)(3)(A)(i)
Exemption from Form 990 filing
IRC § 7611
Church tax inquiry/examination protections
S.C. Code § 40-75-290(6)
Clergy counseling exemption from licensure
S.C. Code § 19-11-90 / Rule 505
Clergy-penitent privilege
S.C. Code § 12-36-2120(2)
Sales tax exemption for church purchases
S.C. Code § 12-37-220(A)(3)
Property tax exemption for church property
S.C. Code § 46-55-10 et seq.
Hemp Farming Act; CBD/CBN legality
S.C. Code § 46-57-20
Cottage food production (no revenue cap)
S.C. Code § 44-1-300 / § 46-57-60
Public food events on church premises (up to 12/year)
S.C. Reg § 61-25.8-301.12(A)(1)
Members-only church food service (no DHEC permit needed)
S.C. Code § 6-29-715
Church-related activities permitted in residential single-family dwellings
42 U.S.C. § 2000cc (RLUIPA)
Religious Land Use and Institutionalized Persons Act
IRC §§ 511–514
Unrelated Business Income Tax (UBIT) framework
7 U.S.C. § 1639o (2018 Farm Bill)
Federal hemp legalization
42 U.S.C. § 14501-14505
Volunteer Protection Act
17 U.S.C. § 101 et seq.
Copyright protection for doctrinal works
Hosanna-Tabor (2012)
Ministerial exception
Our Lady of Guadalupe (2020)
Expanded ministerial exception
§ Disclaimer and Contact
This document does not constitute legal advice. It is a reference compilation of applicable legal authorities. Consult qualified legal counsel for application to specific situations.
Contact: preacherb@cashvalues.org. Mailing: 127 University Drive, Ladson, SC 29456. EIN: 41-4115277.
May the Design of the Father stabilize your Past. May the Work of the Son strengthen your Present. And may the Power of the Spirit pull you into your Future.
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Community Membership is a religious and charitable affiliation with Church of American Strength & Hope and does not confer corporate voting rights under the South Carolina Nonprofit Corporation Act. Dues are non-refundable.
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