Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
In light of the ever-increasing influence on National and local politics by churches and clergy, I was interested in the recent news that over 1,000 churches will be challenging the IRS by telling their parishioners who they want them to vote for in the upcoming national elections. The event is dubbed “Pulpit Freedom Sunday” by its organizers and it is designed to challenge the IRS on its prohibition of churches from intertwining politics and religion, as a requirement of maintaining their tax-free status.
‘ “It is a head-on constitutional challenge.” The Johnson amendment in Section 501(c)(3) of the Internal Revenue Code prohibits tax-exempt charities and churches from intervening in political campaigns on behalf of or in opposition to any candidate. The IRS has been reluctant to revoke churches’ tax-exempt status for violating the more than 50-year-old IRS rule, but the agency has issued written warnings to dozens of churches.” Raw Story
The event is slated for October 7th and the organizers claim that they are trying to force the IRS to pull the tax-free status from churches to test the constitutionality of the IRS on what the churches claim is a restriction on the pastors and churches right of free speech. Of course, not all churches back this challenge of the tax-free laws. “Americans United for Church and State has pushed back against the event, sending letters to 60,000 houses of worship that urge them to obey federal tax law. “People don’t join churches because they want to be told how to vote,” said the Rev. Barry W. Lynn, executive director of Americans United. “Our letter reminds religious leaders about what the law requires, why it makes sense and how it could affect them.” Raw Story
While I back the pastors rights of free speech, I do not agree that churches and religious clergy have the right to free speech from the pulpit and the right to a tax-free status. If any church wants to tell its followers to back or vote a specific political party, they have the absolute right to do that under the Freedom of Speech. The real question is can these same churches still claim their tax-free status?
Do Churches and clergy violate the Separation of Church and State when they take advantage of the tax laws as a religious entity, but yet preach for specific God or church friendly candidates from the pulpit? I know this issue not only brings politicians into conflict, but as we have seen above, it even brings churches into conflict with one another. Is the solution just banning all political speech from the pulpit, or should the IRS drop all churches tax free status?
Does this discussion put Jefferson’s wall of separation between church and state in jeopardy? Was Justice Black in error when he backed the Jeffersonian concept in the 1947 Supreme Court decision in Everson V. United States, that also discussed the Reynolds v. United states decision? “Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups, and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect “a wall of separation between church and State.” Reynolds v. United States, supra, at 164.” Cornell.edu
I realize that many pastors and members of the clergy for a variety of faiths, routinely “violate” this IRS rule now. I have actually been in church and heard priests preach for specific candidates or political parties, as well as preach for or against certain government issues. It personally makes me feel uncomfortable to hear the church being used for such political and partisan purposes. How does it make you feel? Is the Separation of Church and State worth protecting?
I also disagreed when priest or nuns run for political office because of the religious vows of obedience to the Bishops and the Pope that they are required to take. Should any citizen be concerned when any member of the clergy runs for political office? Without a strong wall separating the Church from the State, can anyone’s religion be safe? What do you think?
These loons have gone too far now. They have been flouting the IRS regs for years and their hubris will be their undoing.
The dispensationalist fundie churches are so busy pushing their un-Christian Scofield Bible apostasy that you’re lucky to hear the word “Jesus” — ever.
They’re too preoccupied with their homophobia, Muslim-hate, anti-abortion misogynism, Israel idolatry, war-mongering, and Democrat-bashing to give any attention to all that New Testament Jesus love thy neighbor turn the other cheek blessed are the peacemakers crap.
I hope these Gulfstream-flying Pharisees, these shills for the GOP and Tel Aviv, get their asses handed to them courtesy of the IRS. I will be dancing a merry jig on that day.
Religion is inherently political as the leadership and membership of these churches routinely involve themselves in political issues presently as they have in the past. There is vast wealth off limits to taxation held by many religious groups: the Catholic Church, the Mormons, Southern Baptists and these politically active evangelical and fundamentalist groups, especially the televangelists. They should all be subject to taxation and we should end this charade. At present, they are free to distort our political lives and decrease our liberty without challenge. All Americans must come to understand that they are political actors acting under the cloak of religion.
I wonder how much the Catholic Church is spending in states such as Minnesota with Anti-Gay Marriage amendment campaigns…I know our parish announced there were about 100 ‘vote yes’ signs in the narthex to take home so you can proudly proclaim you bigotr…sorry I mean show your faith on your front yard.
I would be/am under the impression that would violate their IRS agreement and therefore their non-profit status.
If in fact tax exemption is a reward for “doing good”, now that most churches are doing “good” with tax dollars while trying to drive civil policy to ape their dogma, doctrines and prejudices, it is now time for the reward to be suspended. Did you know that 60% of the budgets of all “charities” or “nonprofits” Associated with the Catholic Church comes from tax payers? When this “reward” was given churches did “good” with their own money collected from their parishioners who were not able to deduct those contributions from their taxes. As a result churches benefit from government largess in at least 3 ways: tax exemption, deductibility of contributions thereto and payments made directly to them or associated entities from the government, that is taxpayers. It should all stop.
Churches and charities have long been tax-exempt as a reward from society for their good works. At the time the constitution was written, I suspect that virtually all charities were founded or conducted by churches. The presence of a church was desirable for communities, as they were a stabilizing force in frontier areas where law and order might have been tenuous.
I believe that priests and pastors have always spoken politically from the pulpit, but in this era where corporations have free-speech rights, and every corporation feels free to write law for their own profit, some clergy now believe they should also be able to re-write the constitution. They even use a free-speech argument, echoing corporate speech rights, while attempting to deny civil liberties to gays and medical privacy to women.
I disagree with the churches. Separation of church and state is a building block of our democracy. Although, like every tax payer, I view the government with a proper skepticism, I have to say I’m with the IRS on this one.
frankly:
show me I am wrong, I will admit to it if I am. On the whole unions are all about lobbying and donating to one party, the democratic party. They lobby for progressive/left programs almost exclusively.
rafflaw:
I dont agree with federal money going to churches for faith based initiatives and would be all for eliminating those. But those monies are used to provide charitable services or at least should be.
Oh, there are a good many liberal people who attend liberal churches. It isnt like they are all right wing evangelicals.
Please tell me the amount of money spent on direct lobbying by individual churches vs the money spent by labor unions.
Bron – were you born this stupid or did you suffer severe head trauma? Reading your posts on this thread I can’t decide if you really are completely from another planet or are hoping to convince really stupid people you are right. Those arguments are so silly I am stunned that people would bother to respond.
Bron,
You are wrong that churches don’t engage in direct lobbying. They also get federal contracts of big dollars through the faith based office.
In this same vein, I’m waiting for the corporate media infotainers to ask or report on someone asking Mitt if he’ll take direction from the LDS Church Elder or Prophet or seek approval for actions (e.g. attack Iran) if he’s elected President. As a former LDS Bishop (and hefty donor, prominent public figure, etc.) it’s an even more legitimate question than when JFK had to defend himself from charges the Pope would tell him what to do.
rafflaw:
“They do have to pay taxes on direct political contributions but that is after the fact and only on the dollars they use for political contributions. They can use tax exempt money for lobbying and other power-brokering activities and that is a real thin line between a political and non-political contribution or expenditure…”
Seems to me like they are.
Most churches dont engage in direct lobbying, oh they may have a day when the membership or some of it comes to DC to meet with their congressman and senators but it isnt like a labor union lobbying. And I dont think individual churches, for the most part, are giving to political campaigns. While unions live for that.
And they dont receive sweet employment contracts from the Obama administration per the Air Traffic Controllers who then turn around and support the president. Seems a little shady to me.
Funny how those who consider the only valid laws to be that of God have any concern for worldly constructs of man such as political elections.
bettykath,
churches don’t usually pay real estate taxes on the local level so that also may be painful for the churches to absorb.
bettykath,
in some ways many of these churches should already be designated political organizations.
rcampbell,
You are right about the predictable Fox New response.
Ralph, Is the question just about tax deductible donations? Isn’t it also about taxing the church directly?
The churches could become 501c4s, a political organization.
And when (or if) the IRS responds these good pastors and Fox News will scream about the government’s war on religion.
You are right Ralph. The churches just might be put out of business with those contributions. However, should they be allowed to preach politics and still retain their 501c3 status?
It’s not that deep. An organization that gets together for the purpose of worshipping god, who is not an elected deity, can be tax exempt. An organization that gets together for some political purpose or that, once it has already gotten together, turns its attention from god to some elected official instead, is doing political, not religious, work. Must pay tax.