By the first amendment and RFRA we are allowed to engage in religious exercise free from the burden of public law, as long as the government does not find compelling reason to interfere.
As an unincorporated private church, Entheo Community does not report or defer to any government entity. This includes the Public Courts, the IRS, and the DEA:
Courts
Public law is legislation (code and statutes), whereas common law is case law, or past rulings made by judges. We are held to common law, but not public law.
The public courts do not have jurisdiction over our church, because we are not incorporated (registered with the state). Our country protects each one of us in exercising our divinely given right to practice with sacrament, when it is part of our sincere religious practice.
Being a member of the church can’t prevent you from being arrested, but following our best practices will make it less likely. In the event you need legal defense, we maintain a list of lawyers that may help. A good lawyer should be able to get your case dismissed, because the court does not have jurisdiction over religious practice.
IRS
We have not applied for a recognition letter from the IRS, since staying separate from the government helps us protect our First Amendment rights as Free Children of Creation. If the IRS were ever to audit us, they would find that we comply with all of the requirements of a 501(c)(3) nonprofit.
Specifically, we use our funds only for our stated mission; we insure that our organization’s funds do not inure directly to the benefit of any individual; we do not engage in political activity; we exist for public benefit purposes; we invest our assets in only what is aligned with our mission; we mandate that our funds be distributed to another 501(c)(3) qualifying nonprofit if the church is dissolved; and we do not earn income from sources outside our mission.
We also satisfy the majority of the IRS’s 14 key evaluation criteria for a church.
DEA
The DEA is another government body that has a record of attempting to interfere with incorporated churches. The DEA has approached these organizations asking them to file for exemption from the Controlled Substances Act. This has gone poorly for several churches including Soul Quest in Orlando, Florida, because when a church submits to the IRS for recognition and to the DEA for approval, they have handed over jurisdiction to the government. We believe a church should practice independently of any government body.
Conclusion
What all of this means is that for now we are legally in a “quantum state”: you can’t prove that you’re bulletproof until you take a bullet. But due to our attention to detail, we are confident that by following Entheo Community’s guidelines and best practices, you will minimize your risk as much as possible in this legal gray area.