Religion Law Quiz #15 (Hierarchical and Congregational Churches)

There are a lot of different denominations in the United States.  Some are considered to be "hierarchical" churches while others are considered to be "congregational" churches.  The distinction is actually quite important when it comes to issues regarding church property.  What is the difference between a "hierarchical" church and a "congregational" church?

 

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A hierarchical church is one which is organized with other churches with similar doctrine which have a common ruling body or ecclesiastical head.  Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94, 73 S.Ct. 143, 97 L.Ed. 120 (1952).  In contrast, congregational churches are locally governed by the majority.  Congregational churches “are free to adopt constitutions, by-laws, and internal rules which will alter or regulate their proceedings, but even these must be enacted by majority vote. And in the absence of such voluntarily-adopted rules, each such congregation functions as a pure democracy.”  Kennedy v. Gray, 248 Kan. 486, 494, 807 P.2d 670, 676 (Kan. 1991) (citation omitted).

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